The so-called Accessibility Act[1] came into force on 28 June. This legislation transposes the European Accessibility Act[2] and introduces new requirements for manufacturers, importers, distributors and providers of specific products and services. The new regulations aim to make products and services easier to use for people with special needs, such as people with disabilities or seniors. This is an important change for entrepreneurs in the e-commerce industry, among others.
Which products and services will be covered by the Accessibility Act?
Products covered by the Act include:
- consumer general purpose computer hardware (e.g. personal computers) and their operating systems,
- terminals, e.g. automated teller machines or ticketing machines,
- consumer terminal equipment with interactive computing capability, used to offer or provide services, such as smartphones,
- e-readers,
Services covered by the Act include:
- telecommunications services – e.g. mobile phone services,
- services providing access to audiovisual media services, such as streaming websites,
- services ancillary to passenger transport services, such as ticket sales and information about cancellations or delays,
- retail banking services, e.g. credit services and electronic money services,
- distribution of e-books,
- e-commerce services such as online shop services.
Examples of obligations relating to products
Examples of obligations relating to services
The requirements for services have also changed:
- Information about the services offered and provided should be communicated via more than one sensory channel. For example, when presenting an offer in text form, the interface should have a function for reading it aloud, such as a screen reader
- To minimise potential lack of understanding by people with special needs, an adequate font size and typeface must be used, as well as sufficient contrast and spacing between letters, lines and paragraphs
- Websites and mobile applications should be designed to be sufficiently perceivable, operable, understandable and compatible
Exclusions
Importantly, the Act does not apply, inter alia, to services offered or provided by microenterprises. In the case of websites and mobile applications, it does not apply to content that is neither funded nor developed by a given economic operator, nor under its control
Transitional period
The legislature has provided flexible implementation rules for new obligations, enabling companies to adapt gradually to the new provisions.
Products placed on the market before the Act came into force do not have to meet the new accessibility requirements; however, they should be adapted to meet the needs of people with special needs within five years.
A longer transition period of up to 20 years is provided for terminals already in use, calculated from the date they were first introduced.
In addition, contracts for the provision or offering of services that were concluded before the new provisions came into force may remain unchanged until they expire, but not beyond 28 June 2030. Until then, it will also be permitted to provide services using products that do not meet the new requirements, provided they were in use prior to the Act coming into force.
Penalties
The penalties for breaching the obligations under the Act may amount to up to ten times the average monthly salary for the previous year, as announced by the President of the Central Statistical Office. However, this amount must not exceed 10% of the turnover achieved in the financial year preceding the year in which the penalty is imposed. In 2025, the maximum penalty is PLN 81,817.20.
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Konrad Grussy
[1] Act on ensuring compliance with accessibility requirements for certain products and services by economic operators
[2] Directive (EU) 2019/882 on the accessibility requirements for products and services
