The act on ensuring that economic operators meet accessibility requirements for certain products and services transposes the EU directive i.e. the so-called European Accessibility Act (EEA) into Polish law. This is the first multi-sectoral regulation in this area, which sets out common requirements for Member States to build an inclusive society.
Accessibility Act – definitions, scope, application
By improving access to mainstream products and services, the regulation aims to promote the full and effective participation in society of persons with disabilities and those who experience functional limitations. This includes seniors, pregnant women or people travelling with luggage.
Accessibility requirements will cover mainstream products and services that are used widely and on a daily basis, such as:
- Computers
- Telephones
- Tablets
- Teller machines
- Payment and self-service terminals
- E-books
- E-commerce
- Consumer banking services
- Digital information services in passenger transport
The Act defines accessibility as the basic nature of a product or service that enables it to be used for its intended purpose by persons with special needs on an equal basis with other users, such equality being achieved through a universal design i.e. a “design for all” approach.
Its scope includes:
- The definition of accessibility requirements for products and services
- The obligations of economic operators in complying with these requirements
- The definition of a system, principles and procedures for market surveillance in this area
The regulation is primarily applicable to products and services in the field of new technologies, such as:
- Computer hardware and operating systems
- Payment terminals at physical points of sale
- Self-service automatic teller machines and cash dispensers
- Self-service ticketing machines
- Self-service check-in machines
- Interactive self-service terminals providing information (excluding terminals installed as integrated parts of vehicles)
- Terminal equipment with interactive computing capabilities, used to offer or provide electronic communications services or access audiovisual media services
The provisions of the Act will apply to services offered or provided to consumers of the following services:
- Telecommunication services
- Access to audiovisual media services
- Ancillary services to bus, coach, water, air and rail passenger transport services in terms of, inter alia, websites, mobile applications, electronic ticketing and electronic ticketing services and others
- Consumer banking services
- E-books
- E-commerce services
The Act will not apply to, inter alia:
- Services offered or provided by microenterprises
- Websites and mobile applications for maps and interactive maps, including geoportals (where contact details and geographical location are already presented in a digitally accessible manner)
New obligations for enterprises
The obligation to provide accessibility requirements will fall on manufacturers, authorised representatives, importers and service providers.
According to the provisions of the Act, manufacturers shall among others:
- Ensure that products placed on the market comply with accessibility requirements
- Assess the compliance of a product with such requirements
- Draw up and keep the technical product documentation (as part of internal audits)
- Draw up a declaration of conformity
- Ensure that compliance procedures are in place
The Act also introduces separate obligations for importers, distributors and service providers.
Consumer rights and fines
The Act strengthens consumer rights, granting consumers the right to complain about a product or service being incompliant with accessibility requirements. The legislation specifies the elements of such a complaint, the possible methods of filing and the time limit for handling thereof (30 days from receipt by the enterprise).
The surveillance system consists of the President of the State Fund for the Rehabilitation of the Disabled (PFRON) Management Board, market surveillance authorities and customs authorities.
The Act also provides for fines that shall follow for economic operators for, among other things:
– Placing products and services on the market that do not meet accessibility requirements
– Failure to provide the supervisory authorities with information, documentation or evidence
However, the amount of fines shall not exceed ten times the average monthly remuneration in the national economy for the preceding year, announced by the President of Statistics Poland in ‘Monitor Polski’ on the basis of regulations on pensions and disability pensions from the Social Insurance Fund, and may not be higher than 10 per cent of the turnover achieved in the financial year preceding the year in which the fine is imposed.
Accessibility Act – business commitment needed now
Millions of European consumers will enjoy greater accessibility in virtually every area of daily life.
Until now, the legal obligations to ensure accessibility have been placed on public administrations. Extending them to economic operators is a step towards standardisation in the area of serving consumers with different needs, which are undeniably aimed at eliminating inequalities and achieving the Sustainable Development Goals.
The Act was executed by the President on 9 May 2024 and will enter into force on 28 June 2025, except for Article 6(1), (2) and (5) to (9) and Article 39(6), which already entered into force on 30 May 2024.
In accordance with the new regulations, the accessibility target should be reached gradually based on transitional periods, but from 28 June 2025, products placed on the market and services provided by economic operators should already comply with the new regulations.
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