SlovakiaElectronic Communications Act, ss. 82(4) and 82(5), equivalent access and choice for end-users with disabilities
§ 82 ods. 4 a 5 zákona č. 452/2021 Z. z. o elektronických komunikáciách
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide a publicly available service within the Electronic Communications Act, give end-users with disabilities access to services equivalent to those that most end-users use, including the information in your contracts under section 84 (s. 82(4); Directive (EU) 2018/1972, Art. 111(1)(a)).
- The details of equivalent access and of the choice of undertakings and services available to most end-users are left to a regulation of the Office under section 82(5); Decree 345/2025, made under that provision, sets the accessibility requirements for the services of section 83a (s. 82(5); Directive (EU) 2018/1972, Art. 111(1)(b)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 124(3) sets the fine at EUR 200 up to 5 percent of turnover for the previous accounting period, which section 124(6) limits to EUR 300,000 where there was no turnover or the turnover cannot be calculated. Section 124(5) sets EUR 200 to EUR 20,000 for a person who is not a businessperson. A fine may be imposed within two years of the day the breach is found and within four years of the breach (section 124(13)). Where a serious or repeated breach is not removed despite a fine or a protective measure, the Office may prohibit the undertaking from providing networks or services for up to 24 months (section 124(14)). Turnover is the sum of all sales, revenues or income from the sale of goods or services without indirect taxes, plus any financial aid from public sources, and the previous accounting period is the one for which the last regular financial statements were drawn up (section 124(7) and (8)). In supervision the Office may also impose a procedural fine of up to EUR 2,000, also repeatedly, on a person that obstructs supervision by not meeting its duties under section 122(14), among them removing the deficiencies found within the period the Office sets (section 122(18)).
- Rule
- Turnover pct only
- As of
- Minimum
- 200
- Currency
- EUR
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The Regulatory Authority for Electronic Communications and Postal Services (Úrad pre reguláciu elektronických komunikácií a poštových služieb, the Office), which imposes the fine under section 124 and supervises compliance under section 122.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Section 82(4) states no exemption for a microenterprise or for machine-to-machine services; section 83a(9) does, for the duties of section 83a only.
- As of
- Combinator
- All of
- Criteria
- an undertaking (podnik) within section 3(a) of the Act, that is, a person that provides networks or services under a general authorization, a general or individual authorization to use frequencies, or an individual authorization to use numbers
- the undertaking provides a publicly available service, which section 2(21) defines as a service the use of which anyone may apply for
What this law does
Section 82(4) of the Electronic Communications Act (452/2021) obliges an undertaking that provides a publicly available service to ensure that end-users with disabilities can access services equivalent to those that most end-users use, including the information in contracts required by section 84.
Section 82(5) has the Office set by a generally binding regulation the details of the requirements for equivalent access and for the choice of undertakings and services available to most end-users, and the accessibility requirements for services and the criteria of disproportionate burden. Article VIII, point 1, of Act 351/2022 added to section 82(5) the words on the accessibility requirements for services and the criteria of disproportionate burden.
Article X of Act 351/2022 sets as the commencement day of that amendment. Section 134 of Act 452/2021 sets as its commencement day, and later days only for sections 84(12), 88, 89 and 116(7) to (10) and (12). Section 2(21) defines a publicly available service as a service the use of which anyone may apply for.
Section 3(a) defines an undertaking as a person that provides networks or services on the basis of a general authorization, a general or individual authorization to use frequencies, or an individual authorization to use numbers. Section 124(3) lets the Office fine a breach of section 82, paragraphs 1, 2 and 4, between EUR 200 and a maximum of 5 percent of turnover for the previous accounting period.
Section 124(5) and (6) set the fine for a person who is not a businessperson at EUR 200 to EUR 20,000 and cap the fine at EUR 300,000 where there was no turnover or the turnover cannot be calculated. Section 124(14) lets the Office prohibit an undertaking from providing networks or services for a period of at most 24 months for a serious or repeated breach that was not removed despite a fine or a protective measure.
Article 111(1) of Directive (EU) 2018/1972 requires the competent authorities to specify requirements to be met by providers of publicly available electronic communications services so that end-users with disabilities have equivalent access and the same choice of undertakings and services.
When LexLint raises it
When your app profile says your app ships a consumer interface or provides telecom services.
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