SloveniaElectronic Communications Act (ZEKom-2), Article 200(3) and (8), emergency communication by users with disabilities and accessible notices on the emergency numbers
ZEKom-2 200. člen, tretji in osmi odstavek (komunikacije v sili za uporabnike invalide), Zakon o elektronskih komunikacijah, Uradni list RS, št. 130/22, 18/23 in 40/25
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide publicly available number-based interpersonal communications services, let users with disabilities make emergency communication in spoken and sign languages and other forms of non-spoken language, in the manner and to the extent that is technically possible, and be ready to prove any claimed technical impossibility (Art. 200(3)).
- Inform your users of the existence and use of the emergency numbers and of the ways in which their accessibility is ensured, on your website and in a visible place in the directory, and provide those notices in a form that is accessible to end users with different forms of disability (Art. 200(8)).
- When your subscribers enter the network of another Member State, inform them by SMS of the existence and use of the single European emergency number 112 and of its accessibility features (Art. 200(8)).
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 200(3) binds the provider to the extent that is technically possible, and the provider that claims it cannot carries the burden of proving the technical impossibility. 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 number-based interpersonal communications services (Art. 200(3) and (8))
What this law does
Article 200(3) of the ZEKom-2 requires a provider of publicly available number-based interpersonal communications services to let users with disabilities make emergency communication in spoken and sign languages and other forms of non-spoken language. The provider supplies that emergency communication in the manner and to the extent that is technically possible, and a provider that claims it cannot carries the burden of proving the technical impossibility.
Article 200(8) requires the provider to inform its users of the existence and use of the emergency numbers and of the ways in which their accessibility is ensured, on its website and in a visible place in the directory. Article 200(8) also requires the provider to inform its subscribers by SMS, when they enter the network of another Member State, of the existence and use of the single European emergency number 112 and of its accessibility features.
Article 200(8) also requires the notices to be provided in a form that is accessible to end users with different forms of disability. The ZEKom-2 has applied since , the thirtieth day after its publication in Uradni list RS 130/22 of .
Article 109(5) of Directive (EU) 2018/1972 is the source of the obligation in Article 200(3), and it requires access for end-users with disabilities to emergency services through emergency communications equivalent to that of other end-users. Article 109(7) of the Directive is the source of the obligation in Article 200(8), and it requires the information on the emergency number 112 and its accessibility features to be provided in accessible formats addressing different types of disabilities.
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 enabling users with disabilities to make emergency calls in spoken and sign languages and other forms of non-spoken language in the manner and to the extent that is technically possible.
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. Those failures also include not informing users as Article 200(8) requires.
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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