Act on the Accessibility of Products and Services for Persons with Disabilities (ZDPSI), e-books and dedicated software (Articles 11, 30(7) and 37)
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide e-books or the dedicated software to read them (including as a publisher or distributor) and you are not a microenterprise, keep the text and audio of an e-book synchronised where it has both, do not obstruct the working of assistive technology, give access to the content, search and layout (including dynamic layout), allow alternative presentations of the content that work with assistive technologies, make e-books findable through metadata on accessibility elements, and ensure that digital rights management does not block accessibility elements (Art. 11(1)).
- Before placing an e-book on the market, carry out a self-evaluation of these requirements, keep it in your own documentation and produce it in an inspection (Art. 11(2)).
- Also meet the general accessibility conditions and provider duties of Arts. 8 and 21 (see the services row).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 37(1) fines a legal person EUR 400 to EUR 2,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 800 to EUR 4,000, for the six failures listed there. Article 37(2) fines a sole trader or self-employed individual EUR 400 to EUR 2,000 and Article 37(3) fines the responsible person EUR 120 to EUR 400. Article 37(4) lets the offence authority impose a fine above the minimum under Article 41. The fine tiers for services depend on whether the legal person counts as a medium-sized or large company according to the company law: under Article 55(4) and (5) of the Zakon o gospodarskih družbah (ZGD-1), applied in that form from the financial year beginning in 2024, a company is medium-sized if it is neither micro nor small and meets two of: no more than 250 workers on average, net sales revenue not above EUR 50,000,000 and assets not above EUR 25,000,000, and large if it is none of micro, small or medium-sized. The Act states each tier in euros, within the ranges that Article 17(2) of the Minor Offences Act (ZP-1) allows, and no general provision multiplies a ceiling for a company.
- Rule
- Fixed only
- As of
- Minimum
- 400
- Currency
- EUR
- Fixed cap
- 4,000
Who enforces it
Enforcement body
Agency for Communication Networks and Services (AKOS) supervises e-books and dedicated software (Art. 30(7)).
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- an e-book and dedicated software service within Article 3(2) point 5 and Article 5 point 8 of the Act, including a publisher or other economic operator involved in distributing e-books
- a provider that is not a microenterprise; the Act defines a microenterprise as an enterprise with fewer than ten employees and an annual turnover not above EUR 2 million, or an annual balance sheet total not above EUR 2 million (Article 4(2) and Article 5, point 17)
What this law does
Article 5 point 8 defines the e-book and dedicated software service as a service providing digital files that show the electronic version of a book, together with the software necessary for the service. Article 5 point 23 treats publishers and other economic operators involved in the distribution of e-books as service providers.
Article 11(1) requires the provider to ensure synchronisation between text and audio where an e-book has both, that e-books do not obstruct assistive technology, access to the content, navigation and layout including dynamic layout, alternative presentations of the content, discoverability through accessibility metadata, and that digital rights management does not block accessibility elements.
Article 11(2) requires the provider to carry out a self-evaluation of compliance before placing the e-book on the market, keep it in its own documentation and produce it in an inspection. Article 30(7) makes AKOS the supervisor of e-books and dedicated software.
Article 37(1) fines a legal person EUR 400 to EUR 2,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 800 to EUR 4,000, that does not provide the audio version and synchronisation, compatibility with assistive technology, access to and navigation of the content, alternative presentations, accessibility metadata or digital rights management that respects accessibility.
Article 37(1) point 1 words the first offence as a failure to provide the audio recording of the e-book text and synchronisation between text and audio. Article 37(2) fines a sole trader or self-employed individual EUR 400 to EUR 2,000. Article 37(3) fines the responsible person EUR 120 to EUR 400.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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