New legislation on accessibility – who does it apply to and what needs to be done?

Are you an e-commerce operator, a self-service vending machine manufacturer or do you provide computer hardware and operating systems for consumer hardware or even banking services? New legal and technical requirements regarding accessibility will apply to those and other areas with effect from June 28, 2025, and we'll take a closer look at the basic lines of what will be necessary in our article. 

EU regulation 

The European Accessibility Act (EAA), formally known as Directive (EU) 2019/882[1], aims to enhance the accessibility of products and services across the EU, ensuring equal participation for individuals with disabilities. It establishes harmonized accessibility requirements for various products and services, to eliminate barriers created by differing national regulations. The directive requires entrepreneurs in regulated areas to comply with specific accessibility standards and undergo conformity assessments, with a compliance deadline set for June 28, 2025. 

National transposition in the Czech Republic and Slovakia

In the Czech Republic, the EAA was transposed by the Act No. 424/2023 Coll., on Accessibility Requirements of certain Products and Service[2]s. In Slovakia, the general transposition of the EAA is covered by the Act No. 351/2022 Coll., on Accessibility of Products and Services for Persons with Disabilities[3]. In addition to the Slovak act, the requirements for accessibility of services are regulated in the Slovak Government Regulation No. 283/2023 Coll., which establishes the requirements for accessibility of services for persons with disabilities[4], and the requirements for accessibility of products are set out in the Slovak Government Regulation No. 282/2023 Coll., on technical requirements for accessibility of products for persons with disabilities[5]. All mentioned national legislation enters into force on June 28, 2025.

To what products and services does the legislation apply to?

The accessibility requirements apply only to products and services specified in the legislation. Regulated products include, for example, computers and operating systems, self-service payment terminals, self-service ticket machines, smartphones, modems, routers or e-readers. Regarding services, the legislation applies, for example, to e-commerce services, financial services, services providing access to audiovisual media services or transport services.

Statutory accessibility requirements apply to the regulated products placed on the market and regulated services provided after June 28, 2025. The transitional provisions specify certain exemptions allowing accessibility to be ensured at a later date in specific cases.

General obligations of entrepreneurs

 The legislation establishes general accessibility requirements applicable to all regulated products and services, alongside more detailed, category-specific requirements. The core obligation imposed on manufacturers and service providers is to ensure that their products and services are accessible to persons with disabilities.

For example, in the context of digital services provided to consumers, whether via websites, e-shops or mobile applications, ensuring accessibility may include the following measures: 

1. the information on websites or mobile applications must be perceivable by everyone with sufficient colour contrast for the visually impaired or with subtitles for videos for the deaf;
2. services must be operable in various ways, not only by a mouse; but for example, also by keyboard, touch, or even voice; or
3. services should also be compatible, meaning they reliably work with various assistive technologies used by people with disabilities, such as screen readers for the blind.

Service providers are also required to publish an accessibility statement on their websites, clearly informing consumers how the provided services comply with the applicable accessibility requirements.

Are there any exemptions?

The law provides for certain exemptions from accessibility requirements. In particular, these requirements do not apply to services provided by microenterprises, i.e., businesses with fewer than 10 persons and an annual turnover or balance sheet not exceeding EUR 2 million.

Accessibility requirements also do not have to be met if compliance would result in a fundamental change to the product or service, or if it would impose a disproportionate burden on the provider. To rely on either exemption, a documented assessment justifying the exemption must be prepared. Additionally, businesses must notify the relevant authority before placing the product on the market or providing the service.

Sanctions for non-compliance

Under both Czech and Slovak legislation, if a product or service fails to meet the statutory accessibility requirements, the supervisory authority may require the responsible entity to implement corrective measures. The authorities may also order the withdrawal of non-compliant products from the market. The Czech legislation further anticipates that the supervisory authority will publish a list of non-compliant products and services on its official website.

The supervisory authorities may also impose fines for breaches of legal obligations, the amount of which depends on the nature and severity of the violation.

What can we help you with?

At HAVEL & PARTNERS, we can provide an initial analysis to determine the applicability of this new legislation to your company. If it applies, we can assist you in implementing measures to ensure the accessibility of your services and products. Our team of lawyers is here to assist you with any questions you may have regarding accessibility. 

HAVEL & PARTNES also cooperates with Michal Rada, an accessibility expert who participated in the preparation of both European and national legislation on accessibility. Michal is blind, which enables him to conduct realistic and practical testing of accessibility. With Michal’s involvement, our team is prepared to provide comprehensive legal services in the area of accessibility compliance.