SloveniaElectronic Communications Act (ZEKom-2), Articles 185 to 187, accessible pre-contract information and contract summary for end users with disabilities
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide internet access services or publicly available interpersonal communications services, include in the information you give a consumer before the contract is concluded the details of products and services intended for end users with disabilities and how to obtain the latest information on them (Art. 186(2), point 14).
- On the request of an end user with a disability, give that end user the information that Article 186 requires before the contract is concluded in a form that gives access to it, including machine reading (Art. 186(6)).
- State in the contract summary you give the consumer the extent to which your products and services are designed for end users with disabilities (Art. 187(1), point 5).
- Apply these duties also when the contract is concluded with a microenterprise, a small company or a non-profit organisation, unless it has expressly waived them (Arts. 186(7) and 187(5)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 300(1) fines a legal person EUR 500 to EUR 15,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 20,000 to EUR 50,000, for the failures that it lists.
- Rule
- Fixed only
- As of
- Minimum
- 500
- Currency
- EUR
- Fixed cap
- 50,000
Who enforces it
Enforcement body
The Agency for Communication Networks and Services (Agencija za komunikacijska omrežja in storitve, AKOS) supervises the ZEKom-2 and the regulations and general acts made under it, except where Article 229 gives supervision to the Information Commissioner (Art. 287(1)).
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 185(2) requires an operator that is exempt under Article 185(1) to tell end users of the exemption before the contract is concluded. Article 187(3) lets the provider give the contract summary without undue delay after the contract when objective technical reasons prevent giving it before. Article 318 gives operators nine months after the Act's entry into force to adapt their general terms.
- As of
- Combinator
- All of
- Criteria
- a provider of publicly available electronic communications services that concludes a contract with a consumer (Art. 186(1))
- not an operator that is a microenterprise within the company-law classification and provides only interpersonal communications services independent of numbers (Art. 185(1))
- not a contract for machine-to-machine transmission services (Arts. 186(8) and 187(6))
What this law does
Article 186(6) of the ZEKom-2 requires a provider of public communications services, on the request of an end user with a disability, to give the information that Article 186 requires before a contract is concluded in a form that gives that end user access to it, including machine reading.
Article 186(2), point 14, adds to the information that a provider of internet access services or of publicly available interpersonal communications services must give a consumer before the contract the details of products and services intended for end users with disabilities and how to obtain the latest information on them.
Article 187(1), point 5, requires the contract summary that the provider gives the consumer to state the extent to which the products and services are designed for end users with disabilities. Article 186(7) applies the Article also when the contract is concluded with an end user that is a microenterprise, a small company or a non-profit organisation, unless that end user has expressly waived it. Article 186(8) leaves out of the Article contracts for machine-to-machine transmission services.
Article 187(3) lets the provider give the contract summary without undue delay after the contract when objective technical reasons prevent giving it before, and the contract then takes effect when the consumer confirms it after receiving the summary. Article 185(1) lifts the provisions of that chapter of the Act, these included, from an operator that is a microenterprise within the company-law classification when it provides only interpersonal communications services independent of numbers.
The ZEKom-2 has applied since , the thirtieth day after its publication in Uradni list RS 130/22 of . Article 318 gives operators nine months from that day to adapt their general terms to the Act. Article 102(1) of Directive (EU) 2018/1972 is the source of the obligation, and its last sentence requires the information to be provided on request in an accessible format for end-users with disabilities.
Article 102(3), point (e), of the Directive is the source of the duty to state in the contract summary the extent to which products and services are designed for end-users with disabilities. Article 300(1) fines a legal person EUR 500 to EUR 15,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 20,000 to EUR 50,000, for the failures that it lists.
Those failures include not giving before the contract the information of Article 186(1) to (4), giving the pre-contract information other than as Articles 186(5) and 186(6) require, and failing to give the contract summary or leaving information out of it. Article 300(2) fines a sole trader or self-employed individual EUR 500 to EUR 15,000, Article 300(3) fines the responsible person EUR 200 to EUR 2,000, and Article 300(4) fines an individual EUR 250 to EUR 3,000.
Article 303 allows the fast minor-offence procedure to set a fine higher than the lowest fine that the Act prescribes. Article 290(6) lets AKOS, when the measures it ordered have not been met and the violations are serious and repeated, prohibit the provider from continuing to provide the networks or services or withdraw its right to use radio frequencies or numbering elements. Article 290(7) lets AKOS fine the provider for the period of the violation even when the violation was later remedied.
Article 255(5) has AKOS carry out the administrative enforcement of its own enforceable decisions and impose the fines and coercive measures that the General Administrative Procedure Act (ZUP) prescribes. Article 298(3) of the ZUP limits the first coercive fine to EUR 1,000 and lets each later coercive fine be imposed again up to that amount.
When LexLint raises it
When your app profile says your app provides telecom services.
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