Accessibility of a facility (service, website, product) is a set of features of that facility (service, website, product) that allows the use of that facility (service, website, product) by as many people as possible on an equal basis, including people with special needs (including, among others, people with disabilities).
The requirements for ensuring equal access to buildings, premises, websites and applications, means of communication and, finally, products and services for people with disabilities and other persons with special needs are the subject of both international and European law and national legislation. The most important Polish legal acts in this area are
- the Act on ensuring accessibility for persons with special needs (Journal of Laws of 2024, item 1411),
- the Act of April 4, 2019 on digital accessibility of websites and mobile applications of public institutions (Journal of Laws of 2023, item 1440),
- the Act of April 26, 2024 on ensuring that economic entities meet accessibility requirements for certain products and services, Journal of Laws of 2024, item 731. 2024, item 731 (will enter into force in 2025).
Persons with special needs are those who, either because of their characteristics or the circumstances in which they find themselves, require additional measures to overcome barriers that prevent or impede their participation in various areas of life on an equal basis with others. This category includes, among others, people with disabilities, the elderly and the chronically ill. It is not necessary to have a certificate of disability/degree of disability to benefit from the solutions introduced by accessibility laws.
Types of accessibility
There are three types of accessibility:
Architectural accessibility – refers to space. It includes, among other things, the provision of accessible corridors, entrances to buildings and rooms.
Digital accessibility – refers to websites and mobile applications. It includes, but is not limited to, ensuring that the display settings of the content on the website and in the application can be adjusted to the user’s needs, proper color selection, contrast, magnification, compatibility with different devices and assistive technologies (e.g. content reading software).
Information and Communication Accessibility – concerns information and communication with the subject. It includes, among other things, the provision of a sign language interpreter, the installation of induction loops, and the provision of various forms of contact with the entity.
Duty to ensure accessibility
It is the responsibility of the entities listed in the accessibility laws. These are primarily public entities (such as schools, universities, hospitals, offices), but also entities using public funds and entities working for the benefit of people with disabilities. In terms of accessibility of products and services, it applies to manufacturers, distributors of products such as telephones, payment terminals, ticket machines, among others. The detailed scope of the accessibility regulations can be found in the relevant laws.
Request for accessibility and complaint about lack of accessibility
- Architectural and Information and Communication Accessibility
Persons with special needs are those who, either because of their characteristics or the circumstances in which they find themselves, require additional measures to overcome barriers that prevent or impede their participation in various areas of life on an equal basis with others. This category includes, among others, people with disabilities, the elderly and the chronically ill. It is not necessary to have a certificate of disability/degree of disability to benefit from the solutions introduced by accessibility laws.
The request for access must include:
- Contact information for the requestor;
- Identification of the architectural or information and communication barrier that impedes or prevents accessibility;
- how to contact the applicant;
- an indication of the preferred method of providing accessibility, if applicable.
- Digital accessibility
In the case of digital accessibility, a request for accessibility should be fulfilled within 7 days and can be made by anyone. The deadline may be extended under similar conditions as in the case of architectural, information, and communication accessibility. The obligated entity may refuse to ensure the availability of an element of a website or application if doing so would risk compromising the integrity or reliability of the information provided. If the entity is unable to provide digital accessibility in accordance with the request, it shall promptly inform the requesting person of the reason for the inability and provide an alternative means of accessing the specified element.
If the request is denied, the complaint will be filed with the entity responsible for ensuring the availability of the website or mobile application.
Information current as of: .
The editorial staff of the portal makes every effort to ensure that the content presented complies with the law, is up-to-date (as of the date of publication, indicated on each subpage) and is useful to users. We note that the content published on the website is for informational purposes only and presents the essence of the issues raised in a general manner. They do not constitute advice or legal opinions in individual cases and should not be the sole basis for decisions on the resolution of specific legal problems. Individual legal advice should be sought from qualified professionals.