On June 28, 2025, with the entry into force of the so-called “Polish Accessibility Act”, Poland will implement European accessibility standards. This will happen through the Ensuring Compliance with Accessibility Requirements for Certain Products and Services by Economic Entities Act of April 26, 2024 (the “Act”).[1] The provisions of this Act shall adapt Polish law to the requirements of the European Accessibility Act (EAA) and specify the rules for their application.

On April 17, 2019, the European Union adopted Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (“the Directive”),[2] the European Accessibility Act, which aims to supplement already existing EU legislation on accessibility. The EAA is a comprehensive regulation indicating accessibility requirements for selected products and services considered crucial for the daily, free functioning of people with disabilities and functional limitations. The Directive’s primary goal is to eliminate discriminatory obstacles in access to various products and services to create a fully inclusive social and economic space accessible to the broadest possible group. The changes contained therein intend to support at least 87 million people from across the European Union and their families and dearest ones.[3]

What products and services will be subject to accessibility obligations?

The European Accessibility Act imposes an obligation to ensure accessibility to essential products, such as computer hardware, software, e-books, payment terminals, and self-service terminals. The services covered by the obligation resulting from the Directive include audiovisual services, road, air, rail, and water transport services, as well as retail banking services.

To whom do the obligations set out in the EAA apply?

The addressees of the regulations are:

• producers
• importers
• distributors
• service providers
• authorized representatives, i.e., entities or companies authorized by the manufacturer to represent its interests and act on its behalf within the European Union.

Obligations and support for companies in implementing accessibility standards

State institutions, as well as large, medium, and small entrepreneurs, should introduce goods to the market that comply with accessibility standards and offer and provide services that comply with the regulations contained in the EAA. In practice, this means, among other things, the obligation to present the product on instructions, labels, or warnings in a way that is understandable and linguistically accessible to the average recipient, using a font of appropriate size and typeface, considering the foreseeable conditions of use and using sufficient contrast and spacing between letters, lines, and paragraphs.

However, the Act allows companies to gradually adapt products and services to the new regulations by introducing so-called transitional periods. According to the law, member states must establish a transitional period until June 28, 2030, during which service providers can continue to offer similar services using products they legally used earlier. Contracts concluded before June 28, 2025, can continue binding without any changes until their natural end but no longer than five years from that date.

It should be emphasized that micro-enterprises are exempt from the obligation to implement European accessibility standards due to their limited financial resources related to accessibility.

What consequences may arise in the event of failure to comply with the new provisions of the Act?

Entities required to comply with the provisions of the Act that fail to do so will be subject to financial penalties. Additionally, their lack of compliance with the regulations may have adverse effects on their image, affecting customers’ and business partners’ perceptions of their activities.

The Act allows anyone to report violations of accessibility requirements by entrepreneurs. Notifications of unavailable products or services can be submitted to the President of the Management Board of PFRON, who will assess them personally or forward them to the appropriate market surveillance authority. The customer will be able to submit complaints directly to the entrepreneur from whom they purchased the product and pursue their rights by filing a lawsuit in a common court. To ensure the broadest possible compliance with the guidelines contained in the European Accessibility Act, the appropriate authorities will conduct regular inspections.

Strategic benefits and innovative opportunities of the European Accessibility Act

Notably, the European Accessibility Act does not introduce detailed technical requirements regarding the accessibility of products and services, which allows for a flexible approach and encourages innovation. The obligation to adapt products to the new guidelines, although it involves significant financial costs related to ensuring accessibility, also brings significant strategic benefits. Investments in accessibility enable companies to reach a wider audience, including people with disabilities and customers who prefer products that meet accessibility standards. As a result, adapting products helps build a competitive advantage, enabling the acquisition of new customer groups, strengthening the company’s image as socially responsible, and increasing its potential on the domestic and international markets.

[1] In Polish: Ustawa z dnia 26 kwietnia 2024 r. o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze (Journal of Laws, item 731).

[2] Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (consolidated version: Official Journal of the European Union of 2019, No. 151, p. 70.

[3] https://ec.europa.eu/social/main.jsp?catId=1202&intPageId=5581&langId=en, access from October 29, 2024.