Law / Slovakia

Government Regulation setting accessibility requirements, functional criteria and disproportionate-burden criteria for services for persons with disabilities

Nariadenie vlády Slovenskej republiky č. 283/2023 Z. z. ktorým sa ustanovujú požiadavky na prístupnosť služieb pre osoby so zdravotným postihnutím, kritériá funkčnosti a kritériá na posúdenie neprimeranej záťaže

In force since .

An accessibility requirements rule binding public and private bodies.

Instrument type
a regulation made under an act

What it requires

  • If you provide a service within section 2(1) of Act 351/2022, make the products you use to provide it accessible under the product accessibility requirements (Annex 1, point (a); Directive (EU) 2019/882, Annex I, Section III, point 1).
  • Give information on how the service works and, where products are used in it, on their link to the service, their accessibility features and their interoperability with assistive devices, through more than one sensory channel, in an understandable and perceivable way, in text formats that can be turned into alternative formats, in a suitable font size and type with enough contrast and adjustable spacing, with an alternative presentation of non-text content, and in electronic form where that is needed to provide the service in a perceivable, operable, understandable and robust way (Annex 1, point (b)).
  • Make the websites and mobile applications through which you provide the service, including related online applications and mobile services, comply with the standards for accessibility and functionality of websites and applications that Act 95/2019 refers to (section 24(1)(b)), so that they are perceivable, operable, understandable and robust; Decree 78/2020 sets that standard by reference to the Slovak technical standard STN EN 301 549 and, in particular, the rules of levels A and AA of WCAG 2.1 (Annex 1, point (c) and footnote 1; Directive (EU) 2019/882, Annex I, Section III, point 2).
  • If you run support services such as a helpdesk, telephone information centre, technical support, relay services or training, give through them information on the accessibility of the service and its compatibility with assistive technologies, by accessible means of communication (Annex 1, point (d)).
  • If you provide air, bus, rail or water passenger transport services, give information on the accessibility of the vehicle, the surrounding infrastructure and built environment and the assistance for persons with disabilities, and information on electronic ticketing, real-time travel and additional services such as station staffing, lifts out of order and services temporarily unavailable (Annex 2, part A).
  • If you provide urban, suburban or regional transport services, make the self-service terminals you use accessible under the product accessibility requirements (Annex 2, part B).
  • If you provide financial services, provide identification methods, electronic signatures, security and payment services that are perceivable, operable, understandable and robust, and give information that is understandable at no more than level B2 (intermediate) of the Council of Europe's Common European Framework of Reference for Languages (Annex 2, part C).
  • If you provide e-books, provide synchronised text and sound where an e-book has both, keep the digital files from hindering assistive technologies, give access to content, navigation and flexible presentation, allow alternative presentation and interoperability with assistive technologies, make the e-book findable through metadata on accessibility features, and do not let digital rights management measures block accessibility features (Annex 2, part D).
  • If you provide information society services, give information on the accessibility of the products and services sold where the responsible economic operator provides it, and make the identification, security and payment functions that are part of the service in place of a product, and the identification methods, electronic signatures and payment services, perceivable, operable, understandable and robust (Annex 2, part E).
  • Where the requirements do not cover a function of the service, meet the functional criteria: use without vision, with limited vision, without perception of colour, without hearing, with limited hearing, without vocal capability, with limited manipulation or strength, with limited reach, with limited cognition, and privacy (Annex 3).
  • Judge disproportionate burden on the ratio of net costs of compliance to the total costs of providing the service, the estimated costs and benefits to you against the benefit to persons with disabilities given how many times and how often the service is provided, and the ratio of net costs to your net turnover; count one-off organisational costs (extra expert staff, training, a new process, guidance, learning the rules) and ongoing production and development costs (design of accessibility features, production processes, testing, documentation) (Annex 4; Directive (EU) 2019/882, Art. 14 and Annex VI).
  • You may keep providing a service until with a product that does not meet the product accessibility requirements if you used that product to provide the service before in line with the rules governing its use (s. 5; Directive (EU) 2019/882, Art. 32(1)).

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

If you get it wrong

Penalty structure

A breach of the accessibility requirements of the Regulation is the administrative offence of section 10(1)(a) of Act 351/2022 (failing to secure compliance under section 6(1)(a)). Section 10(2)(a) lets the supervisory authority fine it from 200 euro up to 3 percent of turnover for the previous accounting period, at most 6,000 euro.

Rule
Fixed only
As of
Minimum
200
Currency
EUR
Fixed cap
6,000

Who enforces it

Enforcement body

The Slovak Trade Inspection (Slovenská obchodná inšpekcia), the supervisory authority under section 8(1) of Act 351/2022

What this law does

Drafted with AI

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Research summary

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Government Regulation 283/2023 is made under section 11 of Act 351/2022. Section 7 of the Regulation sets as its commencement day.

Annex 1 sets the general requirements: the products used in providing the service are accessible, information on how the service works and on the accessibility features of those products is given through more than one sensory channel, the websites and mobile applications through which the service is provided follow the standards for accessibility and functionality of websites and applications, and support services give information on accessibility and compatibility with assistive technologies.

The footnote to Annex 1, point (c), refers to section 24(1)(b) and section 31(l) of Act 95/2019 for the standards for the accessibility and functionality of websites and applications.

Section 14(1) of Decree 78/2020 on standards for information technologies of public administration sets the standard for the accessibility of websites as perceivability, operability, understandability and robustness achieved by following the rules of a Slovak technical standard, in particular the rules of levels A and AA of the W3C specification for web content accessibility in version 2.1.

Footnote 4 to that Decree names the Slovak technical standard as STN EN 301 549 on accessibility requirements for ICT products and services.

Annex 2 adds requirements by type of service: information on the accessibility of vehicles, infrastructure and assistance and on e-tickets and real-time travel for passenger transport, accessible self-service terminals for urban, suburban and regional transport, accessible identification, signature, security and payment methods and information at no more than level B2 for financial services, listed features for e-books, and accessible identification, security and payment functions for information society services.

Annex 3 sets ten functional criteria, from use without vision and with limited vision to use with limited cognition and privacy. Annex 4 sets the criteria for a disproportionate burden: the ratio of net costs to the provider's total costs of the service, the estimated costs and benefits to the provider against the benefit to persons with disabilities, and the ratio of net costs to the provider's net turnover.

Section 5 lets a service be provided until with a product that does not meet the product accessibility requirements if the product was used for providing the service before in line with the rules governing its use. Section 10(1)(a) of Act 351/2022 makes it an administrative offence of the provider not to secure compliance with the accessibility requirements under section 6(1)(a).

Section 10(2) of Act 351/2022 caps that fine at 6,000 euro and at 3 percent of turnover for the previous accounting period, with a floor of 200 euro. Article 14 of the Directive sets the criteria in its Annex VI for the disproportionate burden that Annex 4 of the Regulation restates.

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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