SlovakiaElectronic Communications Act, ss. 83(1)(b)(6), 83(2), 84(3), 84(7), 85(1)(b) and Annex 3 Part B(f), accessible publication and contract information for end-users with disabilities
§ 83 ods. 1 písm. b) bod 6 a ods. 2 § 84 ods. 3 a 7, § 85 ods. 1 písm. b) a príloha č. 3 časť B písm. f) 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 internet access or publicly available interpersonal communications services on contractual terms, publish and keep up to date the details of the products and services, with their functions, practices, policies, procedures and adaptations, that are designed for end-users with disabilities, in line with the special regulation that harmonizes accessibility requirements (s. 83(1)(b) point 6; Directive (EU) 2018/1972, Art. 103(1) and Annex IX point 2.6).
- Publish that information in an understandable, easily accessible and machine-readable form and in a format accessible to all end-users, including end-users with disabilities, in your business premises and, where you have a website, on it through a direct link from its title page (s. 83(2); Directive (EU) 2018/1972, Art. 103(1)).
- Give the consumer the pre-contract information of section 84(3) and Annex 3, including for internet access and interpersonal communications services the details of the products and services intended for end-users with disabilities and how to obtain current information on them, give it also to a prospective customer that is a microenterprise, small enterprise or not-for-profit organization unless it has expressly agreed to go without it, and give it in a format accessible to end-users with disabilities on the request of the consumer or end-user (ss. 84(3), 84(4) and 84(7), Annex 3 Part B point (f); Directive (EU) 2018/1972, Art. 102(1) and (2) and Annex VIII).
- If you provide internet access or publicly available interpersonal communications services, publish up-to-date information for end-users on the measures taken to ensure equal access of end-users with disabilities to the services, in line with the regulation the Office issues under section 85(5) (s. 85(1)(b) and (5)(c); Directive (EU) 2018/1972, Art. 104(1)).
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
Obligation class
Disclosure
Applicability criteria
Sections 83, 84 and 85 carry no microenterprise exemption; section 83a(9) exempts microenterprises from the duties of section 83a only. Section 84(14) disapplies section 84(3) to (5) to a contract for a publicly available service of transmitting a content service concluded with a subscriber that is a content-service provider.
- As of
- Combinator
- Any of
- Criteria
- an undertaking that provides internet access services or publicly available interpersonal communications services, on contractual terms for section 83 (section 83(1)) and without that condition for section 85(1)
- for section 84(3), (4) and (7), an undertaking that provides publicly available services other than machine-to-machine services (section 84(3))
What this law does
Section 83(1)(b), point 6, of the Electronic Communications Act obliges an undertaking that provides internet access or publicly available interpersonal communications services on contractual terms to publish and update details of the products and services, with all functions, practices, policies, procedures and adaptations, designed for end-users with disabilities, in line with the special regulation that harmonizes accessibility requirements.
Section 83(2) obliges that undertaking to publish the information in an understandable, easily accessible and machine-readable form and in a format accessible to all end-users, including end-users with disabilities. Section 84(7) obliges an undertaking to give the information of section 84(3) in a format accessible to end-users with disabilities, on the request of the consumer or end-user.
Section 84(3) obliges an undertaking that provides publicly available services other than machine-to-machine services to give the consumer the information in Annex 3 before the consumer is bound by a contract or any related offer. Section 84(14) disapplies section 84(3) to (5), (8) and (9) to a contract for a publicly available service of transmitting a content service concluded between an undertaking and a subscriber that is a content-service provider.
Part B of Annex 3 binds an undertaking that provides publicly available internet access services and interpersonal communications services to give, with the information of section 84(3), the details in points (a) to (g). Part B, point (f), of Annex 3 requires details of the products and services intended for end-users with disabilities and of how current information on them can be obtained.
Section 85(1)(b) obliges an undertaking that provides internet access services or publicly available interpersonal communications services to publish up-to-date information for end-users on the measures taken to ensure equal access of end-users with disabilities to the services. Section 85(5)(c) has the Office set by a generally binding regulation the details of the measures taken to ensure equal access of end-users with disabilities.
Article 102(1) of Directive (EU) 2018/1972 requires the pre-contract information to be provided, on request, in an accessible format for end-users with disabilities. Article 103(1) of Directive (EU) 2018/1972 requires the Annex IX information to be published in an accessible format for end-users with disabilities.
Article 104(1) of Directive (EU) 2018/1972 lets the competent authorities require providers to publish information on the measures taken to ensure equivalence in access for end-users with disabilities. Section 124(3) lets the Office fine a breach of section 83, paragraphs 1 to 3, section 84, paragraphs 3, 4 and 6 to 9, and section 85, paragraph 1, 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.
When LexLint raises it
When your app profile says your app ships a consumer interface or provides telecom services.
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