Czech Republic: New Act on accessibility requirements

At the end of 2023, Act No. 424/2023 Coll. (the "Act") was published in the Collection of Laws, which transposes Directive (EU) 2019/882 of the European Parliament and of the Council on accessibility requirements for products and services (the "Directive"). The Act comes into force on 28 June 2025.

The main aim of the Act is to ensure that selected products and services are accessible to the widest possible range of consumers, particularly persons with disabilities. However, other persons, such as senior citizens or foreigners, may benefit from the Act as well. The result should be better quality of life and a higher level of equality for all.

Accessibility as a key element of integration

Accessibility of products and services covers various aspects, from technical features to information tools that make them accessible to people with limited mobility, sight or hearing.

An accessible product or service means a product or service that is intended for use by a natural person and manufactured (in the case of products) and provided (in the case of services) so that persons with disabilities can use it to the fullest extent possible.

Scope of products and services subject to regulation

The Act only applies to selected products and services.

These include, for example: personal computers, laptops, mobile phones, tablets, routers, modems, self-service terminals, e-book readers or devices for accessing audiovisual services (e.g. set-top boxes).

In the area of services, the regulation covers, for example: electronic communications services, financial services, e-commerce services and transport services.

These products and services must comply with accessibility requirements if they are placed on the market or provided after 28 June 2025.

Exemptions 

The Act provides a number of exemptions specifying cases that are not covered by the Act.

For example, the Act will not apply to service providers if they are a so-called micro-enterprise (i.e. an enterprise that employs fewer than 10 people and whose annual turnover or annual balance sheet total does not exceed EUR 2 million). The Act also does not apply to machine-to-machine electronic communications services, website and mobile application content that does not belong to the service provider unless it is funded, created or influenced by the service provider, or self-service terminals installed as an integral part of a means of transport.

Except for some terms, the definitions used in the Act mirror the terminology of the Directive, which often does not define terms itself but refers to other EU legislation.

Obliged entities

The Act introduces obligations in particular for entities involved in the supply chain of products (manufacturer, importer, distributor...) and service providers.

Manufacturers must ensure that their products meet the accessibility requirements set out in the law. This includes drawing up technical documentation, carrying out a conformity assessment and affixing the CE mark to the product to confirm its compliance with the relevant standards. 

Manufacturers are also obliged to keep the documentation for five years after the product has been placed on the market. Another key change is that manufactures are obliged to ensure that all safety and user information is available in an accessible form (including instructions for use and safety information in the Czech language).

Importers are responsible for checking that imported products comply with the accessibility requirements and ensuring that they are accompanied by all the relevant information.

Similarly, distributors must ensure that storage and transport of products does not compromise their compliance with accessibility requirements.

Likewise, service providers have a duty to ensure that the service they provide complies with accessibility requirements at all times. The provider is also obliged to publish information on how the service meets the accessibility requirements, a general description of the service, and other information required to understand the functioning of the service.

Harmonised standards

The Act allows for the use of harmonised standards as means to comply with accessibility requirements. Harmonised standards offer specifications, compliance with these creates a so-called presumption of conformity. This mechanism makes it easier for manufacturers and service providers to comply with the obligations set out. Harmonised standards also contribute to ensuring a uniform quality standard across EU Member States, which facilitates trade and increases legal certainty.

Significant change and disproportionate burden

A manufacturer or service provider is not, under certain circumstances, obliged to comply with accessibility requirements to the extent that compliance required a significant change to the product or service or resulted in an unreasonable burden under the criteria set out in the Act.

Manufacturers and service providers intending to apply this exemption must prepare and document an assessment that demonstrates the justification for doing so. The supervisory authorities have the power to review this assessment. Transparency and proper documentation are important conditions for claiming the exemption, allowing for review at both national and European level.

Sanctions

Where a product or service does not meet the requirements set out in the Act, the supervisory authority may require the obliged entity to take remedial action. Otherwise, the supervisory authority may order that the product be withdrawn from the market. The supervisory authority will also publish a list of non-compliant products and services on its website. 

Further, failure to comply with the legal obligations may be considered an offence for which a fine of up to CZK 1, 2, 5 or 10 million may be imposed (depending on the nature of the offence and the obliged entity).

Our recommendation

We recommend that entities involved in the production, distribution or provision of services start preparations to comply with the new requirements as soon as possible. 

Key steps include adapting internal processes, training employees and continuously checking compliance with the legislation, and, where appropriate, monitoring the issuance of supporting or clarifying recommendations and guidance within each sector. 

To reduce the administrative burden, it seems appropriate to use harmonised standards (if already available within each sector) and, where appropriate, to establish cooperation with accessibility experts.