Law / Slovenia

Act on the Accessibility of Products and Services for Persons with Disabilities (ZDPSI), electronic communications services and emergency communication (Articles 9, 30(1) and (9), 35 and 43(3))

ZDPSI 9., 30. (1. in 9.), 35. in 43. (3.) člen (elektronske komunikacije), 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 provide an electronic communications service (other than machine-to-machine transmission), including emergency communication, provide voice communication and real-time text (Art. 9(1), as amended by the ZDPSI-A in force since ); where video is available beside voice, provide total conversation (Art. 9(1)).
  • Make emergency communication by voice and text (including real-time text) synchronised and, where video is available, synchronised as total conversation, and pass it to the most appropriate emergency communication centre (Art. 9(1)).
  • Also meet the general accessibility conditions and the provider duties of Arts. 8 and 21 (see the services row), unless you are a microenterprise (Art. 4(2)).

These lines are LexLint's reading of the law's text.

If you get it wrong

Penalty structure

Article 35(1) fines a legal person EUR 500 to EUR 5,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 1,000 to EUR 10,000, for the four failures listed there. Article 35(2) fines a sole trader or self-employed individual EUR 250 to EUR 2,500 and Article 35(3) fines the responsible person EUR 50 to EUR 250. 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
500
Currency
EUR
Fixed cap
10,000

Who enforces it

Enforcement body

Agency for Communication Networks and Services (Agencija za komunikacijska omrežja in storitve, AKOS) supervises the additional accessibility conditions for electronic communications services (Art. 30(1)) and emergency communication services (Art. 30(9)).

What it reaches

Instrument type

an act of a legislature

Applicability criteria

Article 43(3) allows the emergency communication measures within the single European number 112 to start applying at the latest from . Article 43(3) speaks of measures for receiving ('sprejem') emergency communication, and Article 17(2) of the ZDPSI-A dates the answering duty of the most appropriate emergency communication centre under Article 9(2) from at the latest; Article 9(1) states the provider’s duties without a later date, so they apply from .

As of
Combinator
All of
Criteria
  • an electronic communications service within Article 3(2) point 1 of the Act, other than a transmission service used to provide machine-to-machine services, including emergency communication
  • 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

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 9(1) requires a provider of an electronic communications service, including for emergency communication, to provide voice communication and real-time text. As published in 2023, the first indent of Article 9(1) required voice communication and non-voice communication, including SMS, video and real-time text, until the ZDPSI-A replaced it with effect from .

Article 9(1) also requires total conversation where video is available beside voice, and requires emergency communication by voice and text to be synchronised and passed to the most appropriate emergency communication centre.

The ZDPSI-A replaced Article 9(2) so that the most appropriate emergency communication centre answers emergency communication to 112, the police number 113 and the missing-children number 116 000 by the same means by which it was received, using synchronised voice and text or, for a video call, total conversation. The ZDPSI-A requires the most appropriate emergency communication centre to provide that answering by at the latest.

Article 43(3) allows the emergency communication measures within the single European number 112 to start applying at the latest from . Article 31(3) of Directive (EU) 2019/882 lets Member States apply the measures on emergency communication at the latest from . Article 30(1) makes the Agency for Communication Networks and Services (AKOS) the supervisor of the additional accessibility conditions for electronic communications services.

Article 30(9) makes AKOS the supervisor of emergency communication services. Article 35(1) fines a legal person EUR 500 to EUR 5,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 1,000 to EUR 10,000, that fails to provide non-voice communication, total conversation, synchronised emergency communication or the forwarding of emergency communication to the most appropriate centre.

Article 35(1) still describes the first indent as non-voice communication that includes SMS, video and real-time text, a wording the ZDPSI-A did not amend. Article 35(2) fines a sole trader or self-employed individual EUR 250 to EUR 2,500. Article 35(3) fines the responsible person of the legal person, sole trader or individual EUR 50 to EUR 250.

When LexLint raises it

When your app profile says your app provides telecom services or ships a consumer interface.

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