SlovakiaElectronic Communications Act, ss. 96(2)(c), 97(2) to (4) and 98(5), universal service conditions for consumers with disabilities and special prices for consumers with special social needs
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If the Office has imposed on you by decision the duty to provide the universal service, provide the services of section 96(2)(c) to consumers with disabilities: the conditions that secure them the same availability of the fixed-location connection, voice communications and broadband internet access services as other consumers, in particular suitable terminal equipment, special equipment and special services, and where necessary total conversation or conversion services at an affordable price, as the decision sets (ss. 96(2)(c) and 98(5); Directive (EU) 2018/1972, Art. 85(4)).
- Where the Office requires it under section 98(5), rent or sell, on the request of a consumer with a disability, one specially equipped terminal suited to the disability at the price of a standard telecommunications terminal (s. 98(5)).
- If the Office has obliged you by decision to charge special prices, provide the services of section 96(2) and charge the special price only to a person who proves that he or she is a consumer with low income or special social needs, and conclude a contract with such a consumer on request (s. 97(3) and (4); Directive (EU) 2018/1972, Art. 85(2)).
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 designates the provider of universal service by decision (section 98), imposes the fine under section 124 and supervises compliance under section 122.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- an undertaking on which the Office has imposed by decision the duty to provide the universal service under section 96(2) (section 98(1))
- an undertaking on which the Office has imposed by decision the duty to charge special prices under section 97 (section 98(1))
What this law does
Section 96(2)(c) of the Electronic Communications Act makes it part of the universal service to create for consumers with disabilities the conditions that secure them the same availability of the connection, voice communications and broadband internet access services as other consumers, in particular suitable terminal equipment, special equipment and special services, and where necessary total conversation or conversion services at an affordable price.
Section 98(1) calls a provider of universal service an undertaking on which the Office imposed the duty to provide universal service by decision, or an undertaking charging special prices.
Section 98(5) requires the Office, when it imposes the duty to provide the services of section 96(2)(c), to assess the general need and the special requirements of consumers with disabilities, and lets it require an undertaking to rent or sell, on the request of a consumer with a disability, one specially equipped terminal at the price of a standard terminal.
Section 97(2) lets the Office set by decision a maximum price of the services in section 96(2) for consumers with low incomes and for consumers with special social needs. Footnote 114 to section 97(2) cites as an example of special social needs section 2(3) of Act 447/2008 on cash benefits to compensate severe disability.
Section 97(3) and (4) oblige an undertaking charging special prices to provide the services and charge the special price only to a person who proves that he or she is a consumer with low income or special social needs, and to conclude a contract with such a consumer on request.
Article 85(4) of Directive (EU) 2018/1972 requires Member States to ensure support to consumers with disabilities and other specific measures so that related terminal equipment and specific equipment and services that enhance equivalent access, including total conversation and relay services, are available and affordable.
Section 124(1) lets the Office fine a breach of section 97, paragraphs 4, 6 and 7, or of a duty imposed by decision on the basis of section 97(3) or section 98, 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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