Do Your Products and Services Need to be Adapted to the New Rules on Accessibility Requirements?
The Swedish Government has recently adopted a Governmental Bill with a proposal of how the European Accessibility Directive, adopted in 2019, is to be transposed into Swedish law. The new rules require that certain key products, such as computers, smartphones, ATMs, ticketing and check-in machines, and services, such as electronic communication services, bank services, e-commerce and e-books, are compliant with the new accessibility requirements. In addition, these products need to be CE marked. Providers of products and services that fail to comply with the new rules may face tough sanctions.
Background – need of harmonization
As an increasing number of persons with various disabilities demand accessible products and services, disparities between the rules in different Member States are considered to prevent the free movement of goods and services and distort effective competition in the Internal Market. Harmonization of the legislation has therefore been deemed necessary to facilitate cross-border trade. The new rules introduce requirements aimed at maximising the use of the products and services covered for those with disabilities and will hopefully also have positive effects for the broader consumer collective.
Which products and services need to be adapted to the new accessibility requirements?
The new rules will apply to a broad range of products and services listed in the proposal. The products covered are inter alia computers and operating systems, smartphones, ATMs, and self-service terminals such as ticketing and check-in machines. The services covered by the new rules include electronic communication such as e-mail, bank services, e-commerce services and e-books.
The main responsibilities under the new legislation
The products concerned need to be designed and manufactured in accordance with the applicable accessibility requirements and will also have to be CE marked. Manufacturers shall also provide their products with an information text, declaring that the products are in conformity with the applicable accessibility requirements. Importers and distributors are required to verify that the products bear CE marking and are accompanied by the information required before they are placed on the market. Service providers shall ensure compliance with the accessibility requirements and inform the public hereof. Such information should be made available in both written and oral format and in a manner accessible to persons with disabilities.
Sanctions
The market surveillance authorities may order an undertaking to remedy any deficiencies in its products or services. Non-compliance may lead to fines of up to MSEK 10 (approximately EUR 900 000). Moreover, sales prohibitions under penalty of a fine may be imposed on providers of non-compliant products and services. In addition, any infringement of the new rules will also cause badwill.
Next steps
The new Swedish law is suggested to enter into force on 28 June 2025, which is the implementation date of the directive, but will need to be passed by the Swedish Parliament. Thus, it is high time to start assessing and adapting relevant product and services to the relevant accessibility requirements.