SloveniaElectronic Communications Act (ZEKom-2), Article 197, accessible publication of information on products and services for end users with disabilities
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- Give the information that AKOS's general act under Article 197(3) requires you to provide yourself, including the details of products and services designed specifically for end users with disabilities, in a way and form that gives an end user with a disability access to it, including machine reading (Art. 197(2), point 2(d), (3) and (4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 299(1) fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for the failures that it lists.
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- EUR
- Fixed cap
- 400,000
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 197(3) leaves it to a general act of AKOS to say which information providers must give themselves; the accessibility duty of Article 197(4) attaches to that information. 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 internet access services or of publicly available interpersonal communications services (Art. 197(2) and (3))
- not an operator that is a microenterprise within the company-law classification and provides only interpersonal communications services independent of numbers (Art. 185(1))
What this law does
Article 197(4) of the ZEKom-2 requires the information under the Article to be provided in a way and form that gives an end user with a disability access to it, including machine reading.
Article 197(2), point 2(d), lists details of products and services, with functions, practices, policies and procedures and changes in how the service is provided, designed specifically for end users with disabilities among the information that AKOS must ensure is published about providers of internet access services and publicly available interpersonal communications services. Article 197(3) has AKOS prescribe by general act which of that information the providers must give themselves.
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 103(1) of Directive (EU) 2018/1972 is the source of the obligation, and it requires providers' information to be published in a clear, comprehensive, machine-readable manner and in an accessible format for end-users with disabilities. Point 2.6 of Annex IX to the Directive lists the details of products and services specifically designed for end-users with disabilities among the information to be published.
Article 299(1) fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for the failures that it lists. Those failures include not providing information about internet access services or interpersonal communications services as the general act of Article 197(3) requires, and not providing information in a way and form that gives an end user with a disability access to it.
Article 299(2) fines a sole trader or self-employed individual EUR 1,000 to EUR 20,000, and Article 299(3) fines the responsible person EUR 500 to EUR 10,000. Article 299(5) fines an individual EUR 1,000 to EUR 5,000. 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 or ships a consumer interface.
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