SlovakiaAct on the accessibility of products and services for persons with disabilities: duties of providers of services to consumers (passenger transport, financial, e-book and information society services)
§§ 2 až 8 10 a 12 zákona č. 351/2022 Z. z. o prístupnosti výrobkov a služieb pre osoby so zdravotným postihnutím a o zmene a doplnení niektorých zákonov
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you offer to consumers a service listed in section 2(1) of the Act (passenger transport by air, bus, rail or water as to websites, mobile services and applications, electronic tickets and ticketing services, travel information including real-time information and self-service terminals located in Slovakia; financial services; e-books and dedicated software; information society services), make the service meet the accessibility requirements that Government Regulation 283/2023 sets (ss. 2(1) and 4(1); Directive (EU) 2019/882, Arts. 2(2) and 4(1) and (3)).
- Design and provide the service so that those requirements are met, and keep procedures in place so that the service stays in conformity when the service or the requirements change (s. 6(1)(a) and (c); Directive (EU) 2019/882, Art. 13(1) and (3)).
- State in your general terms of service, or a similar document, a general description of the service in accessible formats, the explanations needed to understand how it works and a description of how it meets the requirements; give this information in written and oral form, also in a way accessible to persons with disabilities, for as long as you provide the service (s. 6(1)(b) and (2); Directive (EU) 2019/882, Art. 13(2)).
- If the service does not meet the requirements, tell the supervisory authority, and the authority of any other Member State where you provide the service, without delay why not and what corrective measures you take, and take the necessary corrective measure within one year of that notice (s. 6(1)(d) and (e); Directive (EU) 2019/882, Art. 13(4)).
- On a reasoned request, give the supervisory authority the documentation and all information needed to show that the service conforms, in the state language, and cooperate on each corrective measure (s. 6(1)(f); Directive (EU) 2019/882, Art. 13(5)).
- A service that conforms to harmonised standards or parts of them whose references are published in the Official Journal of the European Union, or to technical specifications or parts of them, is taken to meet the requirements to the extent those standards or specifications cover them (s. 4(2) and (3); Directive (EU) 2019/882, Art. 15).
- For air, bus, rail and water passenger transport services, the requirements are taken as met to the extent they correspond to the accessible-information requirements that the passenger rights regulations set (s. 4(4)).
- Where the requirements do not cover a function of the service, make that function accessible under the functional criteria in Annex 3 of Government Regulation 283/2023 so that persons with disabilities can use it as far as possible; you may use the functional criteria instead of a specific technical requirement where the requirements allow it and the result is equal or better accessibility (s. 5(1) and (2)).
- You need not meet the requirements to the extent that doing so would need a significant change that alters the basic nature of the service or would impose a disproportionate burden on you under the criteria in Annex 4 of Government Regulation 283/2023 (s. 7(1); Directive (EU) 2019/882, Art. 14(1)).
- Assess whether that defence applies, keep the result for five years from the day you last provided the service, give the supervisory authority a copy on request, and renew the assessment when the service changes, when the authority asks and at least every five years (s. 7(2) and (3); Directive (EU) 2019/882, Art. 14(2), (3) and (5)).
- You cannot rely on the disproportionate-burden defence if you took funds from sources other than your own for the purpose of improving the accessibility of the service (s. 7(4); Directive (EU) 2019/882, Art. 14(6)).
- If you apply the requirements only to the extent the defence allows, notify that in writing to the supervisory authority and to the authority of the Member State where you provide the service (s. 7(5); Directive (EU) 2019/882, Art. 14(8)).
- The Act does not apply to services provided by a microenterprise, defined by reference to Commission Recommendation 2003/361/EC: fewer than 10 persons employed and an annual turnover and/or annual balance sheet total of no more than EUR 2 million, counting partner and linked enterprises; an enterprise 25 percent or more of whose capital or voting rights is controlled by public bodies does not count as one (s. 2(3) and footnote 4; Recommendation 2003/361/EC, Annex, Arts. 2(3), 3 and 3(4); Directive (EU) 2019/882, Art. 4(5)).
- The Act does not apply, for urban, suburban and regional transport, to the websites, mobile services and applications, electronic tickets and travel information of section 2(1)(a), points 1 to 4 (the self-service terminals of those services stay covered), to the content of online maps whose key navigation information is provided in an accessible digital manner, or to content that neither you nor an entity under your control created or financed (s. 2(2)).
- A service provided under a contract concluded by need not meet the requirements until that contract ends, at the latest until (s. 12(1); Directive (EU) 2019/882, Art. 32(1)).
- Pre-recorded time-based media and office file formats published on websites and in mobile applications before , and websites and mobile applications that count as archives and hold only content not updated or edited after that day, are outside the requirements (s. 12(2)).
- The accessibility requirements for electronic communications services, for services giving access to audiovisual media services and for emergency communications to 112 are set by special regulations and not by this Act (s. 2(5)).
- The service accessibility duties reach information society services in the sense of section 2(a) of Act 22/2004 (a service provided at a distance over an electronic communications network, usually for remuneration, at the recipient's request) when provided to consumers (s. 2(1)(d) and footnote 3).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 10(2) lets the supervisory authority fine a provider from 200 euro up to 3 percent of its turnover for the previous accounting period, and at most 6,000 euro for breaching section 6(1)(a) or (b) (failing to meet the requirements, failing to make the information public), at most 20,000 euro for section 6(1)(c) to (e) (no procedures to preserve conformity, failing to inform the authority, failing to take corrective measures) and at most 30,000 euro for section 6(1)(f) (failing to give the authority information, documentation or cooperation), so each ceiling is the lower of 3 percent of that turnover and the figure for the tier. Section 10(3) bars the fine for the conduct in section 10(1)(a) and (c) where the provider takes corrective measures under section 6(1)(e) or shows that compliance would conflict with section 7(1). The Slovak Trade Inspection decides the offence (section 8(2)(d)). In supervision under Act 128/2002, the inspectorate fines a controlled person that does not comply with a measure under its section 6 from 50 to 30,000 euro, and with a protective measure under its section 8 from 100 to 50,000 euro, doubled for a repeat within 12 months, and may impose an order fine from 50 to 5,000 euro, repeatedly, for obstructing a check; those fines may be imposed within three years of the breach (Act 128/2002, section 9). A decision imposing a non-monetary duty is enforced, where substitute performance is not possible or practical, by successive fines of at most 1,659 euro each (Act 71/1967, section 79(3)). Sections 8 and 10 do not apply to the supervision of public procurement of a covered service (section 10a).
- Rule
- Fixed only
- As of
- Minimum
- 200
- Currency
- EUR
- Fixed cap
- 30,000
Who enforces it
Enforcement body
The Slovak Trade Inspection (Slovenská obchodná inšpekcia), which checks compliance with the accessibility requirements for services, investigates submissions about non-conformity of a service and decides administrative offences (section 8(1) and (2) of the Act)
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a service listed in section 2(1) of the Act that is provided to consumers
- not within the exclusions of section 2(2): the websites, mobile services and applications, electronic tickets and travel information of urban, suburban and regional transport, the content of online maps whose key navigation information is provided in an accessible digital manner, and content that neither the provider nor an entity under its control created or financed
- not a service provided by a microenterprise (section 2(3): „Tento zákon sa nevzťahuje na služby poskytované mikropodnikom.“), where footnote 4 to section 2(3) refers to Commission Recommendation 2003/361/EC, whose Annex defines a microenterprise as an enterprise that employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million (Article 2(3)), counts partner and linked enterprises (Article 3), and does not treat as an SME an enterprise 25 percent or more of whose capital or voting rights is controlled by one or more public bodies (Article 3(4))
What this law does
Act 351/2022 transposes Directive (EU) 2019/882 for services. Article X of the Act sets as its commencement day. Section 2(1) applies the Act to the services it lists that are provided to consumers, namely passenger transport by air, bus, rail and water as to websites, mobile services and applications, electronic tickets and ticketing services, travel information and self-service terminals, then financial services, e-books and dedicated software, and information society services.
Article 2(2) of the Directive applies it to the services it lists that are provided to consumers after . Section 2(2) leaves out of the Act the websites, mobile services, electronic tickets and travel information of urban, suburban and regional transport, the content of online maps whose key navigation information is given in an accessible digital manner, and content that neither the provider nor an entity under its control created or financed.
Section 2(3) excludes services provided by a microenterprise. Footnote 4 to section 2(3) refers to Commission Recommendation 2003/361/EC for the definition of a microenterprise. Article 3(4) of the Annex to Commission Recommendation 2003/361/EC provides that, except in the cases of Article 3(2), second subparagraph, an enterprise cannot be considered an SME if 25 percent or more of its capital or voting rights is directly or indirectly controlled by one or more public bodies.
Section 2(4) leaves unaffected the duties under Act 95/2019 of a service provider that is a managing authority under section 5(2) of that Act. Article 4(5) of the Directive exempts microenterprises providing services from the accessibility requirements for services and from the obligations relating to compliance with them.
Section 3(l) defines a financial service as a service given to a consumer in the form of a credit contract, an investment service, investment activity or ancillary service, a payment service, a service linked to a payment account, or electronic money. Footnote 3 to section 2(1)(d) refers to section 2(a) of Act 22/2004 on electronic commerce for the meaning of information society services.
Section 2(a) of Act 22/2004 defines an information society service as a service provided at a distance through a connection of electronic devices over an electronic communications network, usually for remuneration, at the request of its recipient, and leaves out radio and television broadcasting, voice telephony, fax services and services whose content rules out provision at a distance.
Article 3(30) of the Directive defines e-commerce services as services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract. Section 4(1) requires a service that is provided to meet the accessibility requirements that the Government sets by regulation.
Section 6(1) obliges the provider to meet the requirements in designing and providing the service, to make information on the requirements and the service's conformity public, to keep procedures that preserve conformity when the service or the requirements change, to tell the supervisory authority without delay why the service does not conform and what corrective measures follow, to take the necessary corrective measure within one year of that notice, and to give the authority documentation and information in the state language on a reasoned request.
Section 6(2) requires that information to be given in the general terms of the service or a similar document, in written and oral form, also in a way accessible to persons with disabilities, throughout the time the service is provided. Section 7(1) applies the requirements only to the extent that compliance does not need a significant change that would alter the basic nature of the service and does not impose a disproportionate burden under the criteria set by regulation.
Section 7(2) and (3) require the provider to assess this and keep the result for five years from the last provision of the service, and to renew the assessment for each category or type of service when the service changes, when the authority asks and every five years. Section 7(4) denies the disproportionate-burden defence to a provider that took funds from sources other than its own for the purpose of improving the accessibility of the service.
Section 7(5) requires a provider that applies the requirements only to that extent to notify the supervisory authority, and the authority of the Member State where the service is provided, in writing. Article 14 of the Directive applies the accessibility requirements only to the extent that compliance neither requires a fundamental alteration nor imposes a disproportionate burden.
Section 8(1) makes the Slovak Trade Inspection (Slovenská obchodná inšpekcia) the supervisory authority for the accessibility requirements for services and for the provider's duties. Section 8(2) has the Trade Inspection check compliance, investigate submissions about non-conformity of a service, publish its contact data, powers and reports, and decide on administrative offences under section 10.
Section 8(4) applies a special regulation to the exercise of supervision unless section 8(2) or section 10 provides otherwise. That special regulation is Act 128/2002 on State control of the internal market in the field of consumer protection.
Section 5(12) of Act 128/2002 lets an inspector enter premises, require documents and explanations, take product samples, carry out test purchases, check websites and other online interfaces remotely, issue a preliminary or blocking measure, and call on the controlled person to remove or change online content.
Section 6 of Act 128/2002 lets an inspector order the removal of the deficiencies found and ban the sale or provision of products until they are remedied, or the business activity for up to two operating days. Section 9 of Act 128/2002 fines non-compliance with a measure under section 6 from 50 to 30,000 euro and non-compliance with a protective measure under section 8 from 100 to 50,000 euro, and doubles the rates for a repeat within 12 months of the earlier decision.
Section 9(3) of Act 128/2002 lets the inspectorate impose an order fine from 50 to 5,000 euro, repeatedly, on a controlled person who obstructs or hinders a check. Section 9(4) of Act 128/2002 allows a fine under section 9(1) or (3) to be imposed within three years of the day of the breach.
Section 10(6) of Act 128/2002 lets the Trade Inspection ask the competent bodies to suspend or revoke the trade licence of a controlled person that seriously and repeatedly breaches its duties in selling products or providing services. Section 79(1) and (3) of the Administrative Procedure Code (Act 71/1967) enforces a decision that imposes a non-monetary duty, where substitute performance is not possible or practical, by successive fines, each of at most 1,659 euro.
Section 10(3) bars the fine for the conduct in section 10(1)(a) and (c) where the provider takes corrective measures under section 6(1)(e) or shows that compliance would conflict with section 7(1). Section 12(1) lets a service provided under a contract concluded by run without the requirements until the contract ends, at the latest until .
Section 12(2) leaves out of the requirements pre-recorded time-based media and office file formats published before , and websites and mobile applications that count as archives and hold only content not updated or edited after . Act 88/2026 inserted section 5a, under which a service that meets the requirements may not be prohibited, restricted or hindered on the ground of those requirements.
Act 88/2026 also added to section 8(2)(c) the duty to publish the authority's contact data and powers and the results of its supervision, and a new section 8(3) under which the Trade Inspection gives that information in an accessible format on request. Act 88/2026 also inserted section 10a, under which sections 8 and 10 do not apply to the supervision of public procurement of a service under section 2 under section 167 of the Public Procurement Act.
Article 30(5) of the Directive excludes from its penalty rules procurement procedures subject to Directive 2014/24/EU or Directive 2014/25/EU.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app or provides financial services.
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