SloveniaAct on the Accessibility of Products and Services for Persons with Disabilities (ZDPSI), fundamental alteration and disproportionate burden, functional performance criteria and the presumption of conformity (Articles 6(2), 14, 22 to 25 and the Rules on the criteria)
ZDPSI 6. (2.), 14., 22. do 25. člen (nesorazmerno breme in domneva skladnosti), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you rely on the fundamental alteration or disproportionate burden limit, carry out and document an assessment using the criteria of Art. 22(8) and the Rules on the criteria for the assessment of a disproportionate burden (net costs against total costs, costs and benefits against the benefit to persons with disabilities, net costs against net revenue), keep it for five years after the product was last made available or the service last provided, and give it to the market surveillance or service compliance authority on request (Art. 22(2)-(3), (8)).
- A service provider that relies on the disproportionate burden limit renews its assessment for each type of service at least every five years, when the service changes, or when the compliance authority requires it (Art. 22(5)); you cannot rely on the limit if you receive public or private funds, other than your own, that may be used to improve accessibility (Art. 22(6)).
- When you rely on Art. 22(1) for a product or service, notify the market surveillance authority or service compliance authority and the Member States where the product is placed on the market or the service provided; unlike Art. 14(8) of the Directive, Art. 22(7) and (9) state no exception for microenterprises (Art. 22(7), (9)).
- A microenterprise dealing with products need not keep or produce the assessment, but if it chose to meet the requirements of Art. 22(1) it submits the facts relevant to the assessment to the market surveillance authority (Art. 22(4)); the Act does not say that this is only on request, as Art. 14(4) of the Directive does.
- Since , instead of a specific technical condition you may use the functional performance criteria of the Rules (Uradni list RS 16/2026, in force since ) where the criterion gives equivalent or better accessibility (Art. 6(2); Rules, Art. 2).
- Conformity with harmonised standards whose references are published in the Official Journal of the European Union, or with the technical specifications of an EU implementing act where none are published, gives a presumption of conformity to the extent the standards or specifications cover the accessibility conditions (Art. 23).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Market Inspectorate of the Republic of Slovenia (TIRS) checks the assessment for products (Art. 27.a); the service compliance authorities of Art. 30 check it for services (Art. 31(1)).
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 22(4) of the Act states that the requirement to produce the assessment does not apply to microenterprises dealing with products, unless they have chosen to meet the requirements of paragraph 1 ("razen če so se odločila, da bodo izpolnila zahteve iz prvega odstavka tega člena"). The Directive's Article 14(4) keeps the exemption for microenterprises that have not chosen to rely on the limit; the national wording speaks of choosing to meet the requirements.
- As of
- Combinator
- Any of
- Criteria
- an economic operator (manufacturer, authorised representative, importer, distributor or service provider) that relies on the fundamental alteration or disproportionate burden conditions of Article 22(1)
What this law does
Article 22(1) applies the accessibility conditions of a product or service only if compliance does not require a substantial change that would fundamentally alter its basic characteristics and does not impose a disproportionate burden on the obliged parties.
Article 14(1) of Directive (EU) 2019/882 applies the accessibility requirements only to the extent that compliance does not require a fundamental alteration of the basic nature of a product or service and does not impose a disproportionate burden. Article 22(3) requires economic operators to keep the assessment for five years after the product was last made available or the service last provided.
Article 22(4) provides that the requirement to keep and produce the assessment does not apply to microenterprises dealing with products, unless they chose to meet the requirements of paragraph 1, in which case they submit the facts relevant to the assessment to the market surveillance authority.
Article 14(4) of the Directive exempts microenterprises dealing with products from documenting the assessment and asks those which have chosen to rely on Article 14(1) to give the facts relevant to it when a market surveillance authority so requests. Article 22(5) requires a service provider that relies on the disproportionate burden limit to reassess it for each type of service every five years, when the service changes, or when the compliance authority requires it.
Article 22(6) bars economic operators that receive public or private funds, other than their own, that may be used to improve accessibility from relying on the disproportionate burden limit. Article 22(9), added by the ZDPSI-A, requires an economic operator that relies on the conditions of paragraph 1 for a product or service to notify the market surveillance authority or the service compliance authority and the Member States where the product is placed on the market or the service provided.
Article 14(8) of the Directive does not apply the duty to inform the authorities to microenterprises. Article 22(7) of the ZDPSI states the duty to inform the authorities when an operator relies on the fundamental alteration limit with no exception for microenterprises.
Article 22(8) lists the criteria for the assessment of a disproportionate burden: the ratio of net costs to total costs, the estimated costs and benefits to the operator against the benefit to persons with disabilities, and the ratio of net costs to net revenue. The Rules on the criteria for the assessment of a disproportionate burden (Uradni list RS 84/2023) measure net costs against total costs, meaning operating expenses and investment in fixed assets.
Article 3 of those Rules lists one-off organisational costs, such as additional accessibility staff, training, new processes, guidelines and understanding the law, and ongoing production and development costs, such as design, production processes, testing and documentation. Those Rules apply from .
Article 6(2), added by the ZDPSI-A, allows functional performance criteria prescribed by the minister responsible for disability protection to be used as an alternative to one or more technical conditions. The Rules on the functional performance criteria (Uradni list RS 16/2026) list eleven criteria, from use without vision to privacy. Those Rules were published on and enter into force on the day after their publication.
Article 23(1) presumes that products and services that conform to harmonised standards, or parts of them, whose references are published in the Official Journal of the European Union meet the accessibility conditions if the standards cover those conditions. Article 23(2) presumes conformity with the technical specifications of an EU implementing act where references to harmonised standards are not published.
Article 14 prohibits hindering the making available of conforming products or the provision of conforming services. Article 24 deems a product or service whose features, elements or functions meet the accessibility conditions of the Act to meet the corresponding accessibility obligations of other EU acts as well.
Article 25 makes conformity with the harmonised standards and technical specifications adopted under Article 23 a presumption of conformity with Article 24, where they meet the accessibility conditions of the Act.
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