O Decree-Law No 82/2022 of 6 December 2022, transposes into national law a Directive (EU) 2019/882, on the accessibility requirements for products and services, setting out the provisions applicable to ensure their suitability on national territory.

A Ministerial Implementing Order No 220/2023 of 20 July 2023define the accessibility requirements for products and services and the criteria for assessing the disproportionate nature of a charge, within the framework of the Decree-Law No 82/2022, of 6 December.

What's going to change?

Scope

This Decree-Law applies to:

- General consumer computer equipment and operating systems for such computer equipment (computers, smartphones and tablets) and for e-book readers;

- Self-service terminals (e.g. payment terminals, ATMs, ticketing machines);

- Terminal equipment with interactive computing capabilities for electronic communications services (e.g. routers and modems) as well as for audiovisual media services (e.g. television equipment involving digital television services);

- Interactive self-service terminals providing information, excluding terminals installed as an integral part of vehicles, aircraft, ships or rolling stock;

- Electronic communications services (e.g. mobile telephone services, internet access);

- services providing access to audiovisual media services (e.g. online applications, set-top box, downloadable applications, mobile applications);

- Banking services (includes identification methods, electronic signature and payment services);

- e-books and dedicated software;

- e-commerce services;

- Answering emergency calls to ‘112’

Accessibility and free movement

Economic operators (manufacturers, importers, distributors and service providers) shall place on the market only products and services that comply with the respective accessibility requirements laid down in this Decree-Law.

Economic operators shall not be prevented from making products available on the market or providing services on national territory, provided that they comply with the provisions of this Decree-Law.

Oversight

The monitoring of compliance with the rules contained in this Decree-Law is the responsibility of several entities, in accordance with their responsibilities. Among them:

to the National Communications Authority (ANACOM);

the Food and Economic Safety Authority (ASAE);

- The Regulatory Authority for the Media (ERC);

- the Mobility and Transport Authority (AMT);

- the National Civil Aviation Authority (ANAC);

To the Institute of Mobility and Transport, I. P.

Violation of the rules laid down in this Decree-Law, in particular the obligations imposed on economic operators, constitute administrative offences punishable by a fine, without prejudice to possible civil liability.

The INR, I.P. shall be the body responsible for monitoring the implementation of the scheme provided for in this Decree-Law and for monitoring it.

What advantages does it bring?

This decree-law:

- it contributes to increasing the availability of accessible products and services in the internal market and also improves the accessibility of relevant information, influencing and enabling a more inclusive society facilitating the autonomy of persons with disabilities;

- it ensures the proper functioning of the internal market of the European Union by removing and preventing any barriers to free movement – which distort effective competition in the internal market – that may exist as a result of diverging national laws;

- It promotes the proper functioning of the internal market by harmonising the market for accessible products and services, facilitating cross-border trade and mobility.

When does it take effect?

This Decree-Law shall enter into force on 13 December 2022 and shall take effect from 28 June 2025 for products placed on the market and services provided to consumers from that date, and the obligations relating to accessibility requirements relating to the answering of emergency calls to ‘112’ shall take effect from 28 June 2027.

Complaints and Complaints about Accessibility to Products and Services

Please find below a link to a form to facilitate the process of complaints and complaints about accessibility by consumers, individually or jointly with associations and organisations representing the interests of consumers or persons with disabilities, or those associations or organisations on their behalf, ensuring that:

- Complaints are clear and complete.

- Each complaint is forwarded to the competent supervisory body.

- Consumers receive confirmation and follow-up of the process.

To complete the form, click on:

Complaints and Complaints on Accessibility

Documents available for download

- Decree-Law No 82/2022 of 6 December 2022

- Directive (EU) 2019/882

- Ministerial Implementing Order No 220/2023 of 20 July 2023