Law / Slovakia

Electronic Communications Act, ss. 86(3)(e) and 93(2), (3) and (6), equivalent access of end-users with disabilities to emergency communication and information on it

§ 86 ods. 3 písm. e) a § 93 ods. 2, 3 a 6 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 number-based interpersonal communications service through which end-users can call numbers of the national or international numbering plan, ensure for end-users with disabilities access to rescue services by emergency communication equivalent to that other end-users have (ss. 93(2), 93(3) and 86(3)(e); Directive (EU) 2018/1972, Art. 109(5)).
  • Inform the public of the existence and conditions of use of emergency communication, the emergency numbers including 112 and the forms of its availability, including through information for end-users with disabilities, published on your website in an understandable, easily accessible and machine-readable form and for end-users with disabilities in an accessible format suited to different kinds of disability (s. 93(6); Directive (EU) 2018/1972, Art. 109(7)).

These lines are LexLint's reading of the law's text.

If you get it wrong

Penalty structure

Section 124(1) sets the fine at EUR 200 up to 10 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
10

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

Section 93 carries no microenterprise exemption.

As of
Combinator
All of
Criteria
an undertaking that provides a publicly available number-based interpersonal communications service through which end-users can make calls to numbers of the national or international numbering plan (section 93(2))

What this law does

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 93(2) of the Electronic Communications Act obliges an undertaking that provides a publicly available number-based interpersonal communications service, through which end-users can call numbers of the national or international numbering plan, to give end-users free access to emergency services by emergency communication using 112 and the other national emergency numbers.

Section 93(3) obliges that undertaking to ensure for end-users with disabilities access to rescue services by emergency communication equivalent to that of other end-users.

Section 93(6) obliges that undertaking to inform the public of the existence and conditions of use of emergency communication, of the emergency numbers including 112 and of the forms of its availability, including through information for end-users with disabilities that it publishes in an accessible format suited to different kinds of disability. Section 86(3)(e) gives a subscriber with a disability the right to equivalent access to rescue services by emergency communication.

Article 109(5) of Directive (EU) 2018/1972 requires Member States to ensure that access for end-users with disabilities to emergency services is available by emergency communications and is equivalent to that of other end-users. Article 109(7) of that Directive requires end-users to be informed of the single European emergency number 112 and its accessibility features, in accessible formats addressing different types of disabilities.

Section 124(1) lets the Office fine a breach of section 93, paragraphs 1 to 6, between EUR 200 and a maximum of 10 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.

When LexLint raises it

When your app profile says your app provides telecom services.

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