JUNE 2025 marks the beginning of new legislation that will significantly change the way businesses design and offer their products and services. The Law of April 26, 2024 on Ensuring that Business Entities Meet Accessibility Requirements for Certain Products and Services imposes a number of obligations on businesses to bring their services and products offered into compliance with so-called uniform accessibility standards. JLSW Janaszczyk Lis I Wspolnicy has the pleasure of introducing you to the law.

The solutions indicated are designed to facilitate access for all people, with a particular focus on those with different types of disabilities.

Does your website, online store or mobile application meet the new accessibility requirements? We encourage you to check in our article the obligations imposed on businesses by the Law of April 26, 2024 on ensuring that businesses meet the accessibility requirements for certain products and services.

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As of June 28, 2025, the Law of April 26, 2024 on Ensuring that Business Entities Meet the Accessibility Requirements for Certain Products and Services (hereinafter: the “Accessibility Law“) enters into force

The provisions of the Accessibility Act implement Directive 2019/882 of the European Parliament and the Council (EU), known as the European Accessibility Act (EAA), into Polish law. The purpose of the new regulations is to facilitate access to various types of products and services for the widest possible range of people, by removing potential barriers to access. Businesses will be required to apply so-called uniform accessibility standards – both products and digital services. This means that companies will have to design websites, mobile applications, ATMs, payment terminals or e-books so that they are readable, intuitive and accessible also to people with all kinds of disabilities.

Who is affected by the Accessibility Act?

The regulations of the Accessibility Act are applicable to distributors, importers, manufacturers, authorized representatives (i.e., persons or companies that have been authorized to operate in the EU on behalf of the manufacturer) and service providers.

Excluded from the obligation to apply this law, however, are micro-entrepreneurs, i.e. entrepreneurs who, in at least one year of the last two fiscal years, met the following conditions together: they employed an average of less than 10 employees per year and achieved an annual net turnover from sales of goods, products and services not exceeding the PLN equivalent of EUR 2 million.

The regulations being introduced are of particular importance in the context of the websites of companies offering digital services (which fall under the scope of the Accessibility Law). Under the Accessibility Law’s regulations, entities that conduct online business – especially in the field of e-commerce – are required to adapt their websites to the new requirements.

“Four Pillars” accessibility.

To meet accessibility requirements, businesses should consider the following criteria set forth in the Accessibility Law:

• perception,
• functionality,
• comprehensibility,

What changes will businesses have to make?

Given the accessibility criteria indicated above, entrepreneurs will be required to, among other things:

• Ensure the accessibility of websites and mobile applications by adding functionality that makes it easier to read content using more than just the sense of sight,
• customization of user interfaces -by adding features such as alternative text, keyboard operation or the ability to change contrast,
• Ensure that messages are clear and understandable to users,
• Introduce flexibility in user interactions.

Functional criteria – flexibility in meeting requirements.

The Accessibility Act also provides for so-called functional criteria that can be used instead of standard requirements, as long as they provide an equivalent or higher level of accessibility for audiences with special needs. These concern, for example, the ability to use products and services without the sense of sight/hearing, to operate them without speech or high precision of movement, and to avoid stimuli that can trigger epileptic attacks.

Deviations from the adaptation of the website to accessibility requirements.

The Accessibility Law provides for the possibility of easing obligations so as not to disproportionately burden entrepreneurs.

Under the provisions of the Accessibility Act, statutory accessibility requirements apply only to the extent that compliance with them does not require a fundamental change in the basic characteristics of the product or service and does not impose a disproportionate burden on the operator.

Penalties for entrepreneurs for failing to meet accessibility requirements.

Businesses that fail to bring their services, including websites, into compliance with the accessibility requirements of the law risk fines. According to the Law on accessibility, a fine can be imposed on a service provider (such as a website owner) in the case of:

1. Failure to meet accessibility requirements: If a service provider fails to ensure that the services offered meet the accessibility requirements of the law, it may be fined.
2. Failure to submit required documentation or information: A service provider who fails to provide the required documentation or information regarding accessibility, or provides false or misleading information, is also subject to a penalty.

The penalty is imposed by the Chairman of the Board of Directors of PFRON or the relevant market supervisory authority, based on an administrative decision. The amount of the penalty depends on the severity of the violation, the number of people affected by the non-compliance and the scale of the failure to meet accessibility requirements.

According to the Law on Accessibility, the penalty may be up to ten times the average monthly salary in the national economy for the previous year, as announced by the President of the Central Statistical Office, but may not exceed 10% of the turnover achieved by the entrepreneur in the year preceding the imposition of the penalty.

If the penalty is not paid on time, enforcement shall be carried out in accordance with the provisions of the Administrative Enforcement Procedure.

In addition, consumers have the right to complain about the lack of availability of a product or service. Failure to handle a complaint in accordance with the procedure set forth in the Accessibility Law may constitute an additional breach of duty by the trader.

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In summary, the new regulations impose significant obligations on businesses related to the digital accessibility of products and services. While they require technical and organizational adjustments, in the long run they benefit all users – creating a more open, transparent and friendly digital environment.

Accordingly, entrepreneurs should conduct an accessibility audit to identify areas for improvement and implement appropriate solutions in compliance with the Accessibility Law. As we have indicated, compliance with the statutory requirements should especially be verified by entrepreneurs who offer e-commerce services and operate their own websites.

We encourage you to take advantage of our law firm’s advice on adapting your products and services to the requirements under the new Accessibility Act. We offer comprehensive legal support and practical implementation guidance to help you meet your statutory obligations, minimize the risk of sanctions and build your image as a socially responsible company. We will also point you to detailed guidelines and practical advice on how to adapt the websites you run to the statutory accessibility requirements.