From June 28, 2025, products and services made available to consumers must comply with the provisions, in the Portuguese market, of the Decree-Law No. 82/2022. European Union (EU) countries have the responsibility to integrate and implement these regulations into national legislation by that date.
A legal obligation for digital accessibility already existed in Portugal, applied only to Public Administration, as established by the Decree-Law No. 83/2018, which defines accessibility requirements for websites and mobile applications of public entities. But the new Decree-Law No. 82/2022 now extends the obligation to all private sector companies. The objective is to promote a more inclusive society, where both public and private services are committed to ensuring digital accessibility for all people.
In order to better understand what the European Accessibility Law involves, below we list the main points you need to know.
What is the European Accessibility Act?
The European Accessibility Act (European Accessibility Act) is a directive with the mission of improving the functioning of the European internal market for products and services, so that they are more accessible, eliminating barriers arising from divergent regulations between Member States.
Despite its universal right, reality is still far from reflecting the fundamental principle that should guide Humanity.
In this context, the law seeks to achieve the following objectives:
- Overcome obstacles and promote full participation by boosting accessibility in the EU internal market through unifying standards for accessible products and services.
- Cover people with physical and/or cognitive disabilities, temporary or permanent, guaranteeing access to digital products and services.
- Improve the quality of life of all citizens, promoting a fairer and more inclusive society.
- Certify digital products so that they are aligned with accessibility criteria.
- stimulate innovation and provide a more comprehensive and inclusive offer of products and services at competitive prices.
- Harmonize legislation and criteria for Information and Communication Technologies (ICT) products and services in all Member States.
- Establish functional performance criteria to facilitate the autonomy of people with disabilities or limitations.
What products and services are covered?
European accessibility legislation covers a wide variety of products and services, from technological devices to digital platforms and public services. These are organized as follows:
Technological equipment:
- IT equipment and operating systems;
- Smartphones and tablets;
- Television equipment that includes digital services.
Public utility services:
- Public transport (road, rail, air, sea and river);
- Bank services;
- ATMs and payment terminals;
- Ticket selling equipment;
- Automatic registration equipment;
- Electronic or digital books;
- Information about transport services;
- Answering emergency calls (“112”).
Digital services:
- E-commerce;
- Multimedia and audiovisual services;
- Electronic communication services, including mobile and banking applications;
- Services integrated into mobile devices.
What is the impact on the organization if it is in default?
Something you should bear in mind, from now on, is that the decree-law will be monitored by several entities in the Portuguese market, including:
- National Communications Authority (ANACOM)
- Food and Economic Safety Authority (ASAE)
- Regulatory Entity for Social Communication (ERC)
- Mobility and Transport Authority (AMT)
- National Civil Aviation Authority (ANAC)
- Institute of Mobility and Transport, IP
Violation of the rules of the decree-law, based on the classification of the severity of the infractions, corresponds to a fine applicable according to the following criteria:
Serious offense:
- For an individual, from €650 to €1500;
- For legal entities, from €12 to €000.
Very serious offense:
- For an individual, from €2000 up to the maximum threshold set out in Decree-Law No. 433/82, of October 27th, in its current wording;
- For a legal person, from €24 up to the maximum threshold set out in Decree-Law No. 433/82, of October 27th, in its current wording.
The amount received from fines will be distributed among the following entities:
- 40% to the State;
- 10% for the entity that raises the infraction;
- 30% for the entities that instruct the processes;
- 10% to the National Institute for Rehabilitation (INR, IP):
- 10% to the support fund for people with disabilities.
The INR, IP is responsible for supervising the application of this decree-law and monitoring its compliance.
Benefits
Although the obligation may seem challenging at first glance, it is important to highlight that it also brings substantial improvements for companies.
Below we highlight a series of benefits that go beyond mere legal compliance:
- Expands the market and business opportunities, through access to a wider audience;
- Facilitates the purchasing process for all customers, promoting a more efficient experience;
- Increases customer loyalty due to improved accessibility and consumer experience;
- Helps create a standard of accessibility rules in the EU, providing cost savings;
- Simplifies cross-border trade due to compliance with EU accessibility standards;
- Promotes competition between companies, facilitates the circulation of products and makes services accessible;
- Enhances the long-term positive impact on public budgets due to greater inclusion and economic participation;
- More incentives for micro-enterprises to produce and distribute affordable products, with guidance from Member States to facilitate compliance with legislation.
What immediate actions do you need to take in the organization?
We recommend that you start with a diagnosis of your projects, products and services as a starting point for an effective application of the digital accessibility law, through:
- Evaluation and adaptation of products and services
Your organization can start by evaluating your products and services against accessibility requirements according to the international standard WCAG (Web Content Accessibility Guildlines). This may involve carrying out accessibility audits on your websites, mobile applications and physical products, identifying areas that need to be improved to ensure their accessibility.
- Training and awareness raising of employees
It is essential that employees are aware of accessibility requirements and know how to implement them in the organization's products and services. Therefore, it is necessary to promote adequate training on the topic and awareness about the importance of making products and services accessible to all users.
- Integration of digital accessibility practices in the development of products and services
Make sure you incorporate digital accessibility practices from the earliest stages of product and service development, which may include considering accessible design guidelines and conducting usability testing with users with diverse needs.
In short, the implementation of the European Accessibility Law not only represents a significant milestone in promoting a more inclusive and fair society, but will also bring numerous benefits to its products and services.
LBC has been addressing the topic of digital accessibility since 2016, having developed knowledge, methodologies and tools to accelerate and facilitate development teams in their implementation. We develop projects in Public Administration with a strong digital accessibility component and more recently we have collaborated in this aspect with AMA – Agency for Administrative Modernization in Portugal.
Get to know here how we help public and public entities improve their digital accessibility.