In just over a month's time, on 28 June 2025, the Act of 26 April 2024 on ensuring that economic operators meet the accessibility requirements for certain products and services (Journal of Laws 2024, item 731) will enter into force. We have already reported on: https://dtkrakow.com.pl/nowe-obowiazki-dla-przedsiebiorcow-w-2025-roku-ustawa-o-dostepnosci-produktow-i-uslug/.
We would like to remind you of the key points that businesses should pay attention to in order to avoid negative consequences of breaching the requirements.
The Act applies to business entities operating on the Polish and EU market that market certain products or provide selected services. It applies to large corporations as well as medium-sized and small enterprises, with the exception of micro-entrepreneurs in the case of providing or offering services. Please see below which groups of entities are covered.
1. producers, importers and distributors of products
The regulations apply to entrepreneurs involved in the production, import or distribution of products such as, but not limited to:
- Computer hardware and operating systems (e.g. computers, smartphones, tablets, software);
- Self-service terminals (e.g. ATMs, ticket vending machines, information terminals);
- Payment terminals (e.g. payment devices in shops);
- Devices for telecommunications and audiovisual services (e.g. smartphones supporting text communication, TV set-top boxes);
- E-book readers.
Products covered by the statutory obligations must be designed and manufactured with accessibility in mind, e.g. through support for screen readers, contrasting interfaces or the ability to operate without fine movements. Entrepreneurs are also required to provide user manuals and compliance documentation.
2. service providers in selected sectors
The law imposes obligations on service entrepreneurs, which the legislator believes are crucial for day-to-day operations. These include, among others:
- Telecommunications services (e.g. telephony, internet, communication applications);
- Retail banking (e.g. electronic banking, ATM service);
- E-commerce (e.g. online shops, sales platforms);
- Audiovisual services (e.g. streaming platforms, digital TV);
- E-book services (e.g. distribution of e-book readers);
- Transport services (in terms of digital elements, e.g. ticketing apps, timetables).
Services must be digitally and physically accessible. For example, websites and applications must meet certain standards provided by national and EU legislation (e.g. alternative text for images, keyboard navigation), and processes such as online shopping or bookings must be easy for people with sight, hearing or mobility impairments. Service providers must also provide accessible communication channels (e.g. text chat) and the possibility to complain about lack of accessibility.
It should be remembered that micro-enterprises (employing fewer than 10 persons and with an annual turnover of less than EUR 2 million) are exempt from requirements concerning the provision or offering of services. However, if they market products covered by the Act (e.g. sell smartphones in an online shop), they must comply with the accessibility requirements.
The new regulations set out specific requirements for products and services to facilitate use by people with special needs. Below, we remind you which areas in particular are affected by the new obligations:
Products:
- Computer hardware must support assistive technologies for people with disabilities, such as screen readers or interface adaptations for the visually impaired;
- Payment and self-service terminals should, for example, have easy-to-read screens, voice functions and be located at a height accessible to wheelchair users;
- Telecommunications and audiovisual devices should offer features such as subtitling, audiodescription or real-time text display, for example.
It is important to note that traders should also keep adequate documentation to prove product compliance and inform customers about accessibility features.
Services:
- Online shops should provide, for example, zoomable text, image descriptions or easy navigation;
- Banking services should, in addition to the general requirements of the Act, include the provision of information in Polish, or, with the consent of the customer who is a consumer, in another language at a language proficiency level equivalent to B2;
- Streaming platforms should offer subtitles and audiodescription;
- Among other things, transport applications should include information about the assistance provided to people with special needs and the current accessibility to it.
The law provides for transitional periods that give businesses time to adapt:
Contracts to offer or provide services concluded before 28 June 2025 may continue in their current content, but not beyond 28 June 2030. Products, such as self-service terminals, may be used until the end of their economic life, i.e. a maximum of 20 years from the date of commencement of use. In addition, products that were placed on the market before 28 June 2025 are not covered by the statutory requirements.
As a reminder, compliance with the Act is supervised by the President of the State Fund for the Rehabilitation of Persons with Disabilities (PFRON) and other authorities, e.g. in the transport sector. Non-compliance is punishable by, among other things, financial penalties - up to 10 times the average salary or up to 10% annual turnover.
The law aims not only to meet EU requirements, but also to open the market to new customers. It is estimated that in Poland about 14.3% of the population, and up to 27% in the EU, are people with special needs. Adapting products and services increases the competitiveness of companies, improves their image and allows them to reach a wider audience.
Entrepreneurs should already ensure that the new services they provide and the products they offer after 28 June 2025 meet the requirements foreseen by the Act. To this end, it is recommended, for example, to carry out an accessibility audit of their products and services, train their employees and update their software and e-commerce platforms or mobile applications.
If you have any questions or concerns, our lawyers are available to assist you.
authors:
Maciej Oczkowski - advocate
Michał Wojtyczek - advocate
This entry contains general information on the legal issue discussed. It does not constitute legal advice or a solution to a specific case or legal problem. Due to the unique nature of each factual situation and the variability of the legal status, we recommend that you seek the assistance of a law firm for legal advice.