Act No. 99 / 2019 Coll.
Act on the accessibility of websites and mobile applications and on the amendment of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended
Valid
Law
Effective from 09.04.2019
Text versions:
01.04.2023
09.04.2019
Contents
99
THE LAW
of 20 March 2019
on accessibility of websites and mobile applications and amending Act No. 365 / 2000 Coll., on information systems of public administration and on amending certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
ACCESS TO INTERNET GOVERNMENTS AND MOBILE APPLIANCES
Subject matter
(1) This law implements the relevant European UnionRegulation (1) and regulates the accessibility of websites and mobile applications managed by mandatory bodies and the competence of the Digital and Information Agency (the Agency).
(2) This law applies to websites and mobile applications managed by a compulsory body.
(3) This law does not apply to the content of websites and mobile applications managed by a compulsory body
(a) the map and related online service; in the case of a map intended for navigation purposes, however, a replacement user solution must be provided in a digital form meeting the accessibility requirements of the website and mobile applications,
(b) an indication of the item of the cultural heritage collection, in the event of incompatibility of the accessibility requirements of the website and mobile applications with the need to preserve the item of the cultural heritage collection or its authenticity, or in the event of a lack of equipment to convert text from manuscripts or other items of the cultural heritage collections to the content of the website and mobile applications satisfying the requirements of their accessibility;
(c) archivaly;
d) a media file with a time dimension transmitted in real time.
(4) This law shall not apply to the content of websites and mobile applications managed by a compulsory body which takes over the compulsory body from another source unless it is financed by a compulsory body or created by a compulsory body or under the control of the compulsory body.
Definition of certain terms
This law means:
(a) a mobile application of software designed and created by, or for, a mandatory body so that the public can use it on mobile devices such as smartphones and tablets; mobile applications are not software that controls mobile devices directly,
(b) a media file with a time dimension audio recording, image recording and audio image recording, and these recordings combined with interactive elements;
(c) an item of cultural heritage collection, a cultural monument, a collection item consisting of a collection of museum nature, a library document and an object of cultural value.
Compulsory body
(1) A compulsory body means:
(a) State;
(b) a territorial body,
(c) a legal person established by law;
(d) a legal person established or established by a State, a local authority or a legal person as referred to in (c), provided that:
1. has been established or has been established for a particular purpose, consisting of satisfying needs of general interest which are not of an industrial or commercial nature; and
2. is financed primarily by a State, a local government or a legal entity as referred to in point (c) or under the management supervision of a State, a local authority or a legal entity as referred to in point (c), or by more than half of its administrative, management or supervisory body,
(e) legal person
1. set up or set up for a specific purpose to meet needs of general interest which are not of an industrial or commercial nature; and
2. financed primarily by a State, a local government or a legal entity as referred to in (c) or (d) or under the management supervision of a State, a local authority or a legal entity as referred to in (c) or (d) or in whose administrative, management or supervisory body more than half of the members are appointed by a State, a local authority or a legal entity as referred to in (c) or (d);
(f) voluntary association of municipalities,
(g) higher education, school and school establishments; and
(h) a qualified manager of an electronic identification system.
(2) The compulsory subject is not Czech Television and Czech Radio.
(3) A university, school and school establishment are a compulsory body, only if it is about the content of a website which is required to publish on its website, under another legislation in the field of public administration in the field of education, science, research, development, innovation, other creative activities and childcare and youth care or under the Freedom of Information Act. The first sentence shall apply mutatis mutandis to the content of mobile applications of universities, schools and educational establishments.
Ensuring accessibility of websites and mobile applications
The compulsory body shall ensure that the websites managed by it and mobile applications are accessible by making them susceptible, manageable, understandable and stable for their users, in particular those with disabilities.
Making the website accessible
(1) The website shall be deemed to be susceptible, manageable, understandable and stable if it complies with the requirements of the harmonised standard or parts thereof to which the reference referred to in Article 6 (1) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council has been published in the Official Journal of the European Union.
(2) Where references to the harmonised standard or parts thereof referred to in paragraph 1 are not published in the Official Journal of the European Union, the websites shall be deemed to be susceptible, manageable, understandable and stable if they meet the requirements of European standard EN 301 549 V1.1.2 (2015- 04). In the case of the procedure referred to in Article 6 (4) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council, instead of the European standard referred to in the first sentence, the European standard laid down in this procedure shall apply.
Ensuring accessibility of mobile applications
(1) Mobile applications are deemed to be susceptible, controllable, understandable and stable if they comply with the requirements of the harmonised standard or parts thereof to which the reference referred to in Article 6 (1) of Directive (EU) 2016 / 2102 has been published in the Official Journal of the European Union.
(2) Where references to the harmonised standard or parts thereof referred to in paragraph 1 are not published in the Official Journal of the European Union, mobile applications shall be deemed to be susceptible, manageable, understandable and stable if they comply with the requirements of implementing acts of the European Commission laying down technical specifications or parts thereof pursuant to Article 6 (2) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council.
(3) Where implementing acts of the European Commission setting out the technical specifications referred to in paragraph 2 are not adopted, mobile applications shall be deemed to be susceptible, manageable, understandable and stable if they meet the requirements of European standard EN 301 549 V1.1.2 (2015-04). In the case of the procedure referred to in Article 6 (4) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council, instead of the European standard referred to in the first sentence, the European standard laid down in this procedure shall apply.
Inadequate load
(1) The compulsory body shall ensure the accessibility of the websites and mobile applications it manages to an extent that does not give it a disproportionate burden.
(2) The compulsory body shall assess whether compliance with the requirements set out in paragraphs 4 to 6 is unduly burdensome.
(3) When assessing the level of disproportionate burden, the compulsory body shall take into account:
(a) its size, nature and resources; and
(b) its estimated costs and benefits in relation to the expected benefits for users of the website and mobile applications, in particular for persons with disabilities, taking into account the frequency and duration of use of the website and mobile applications.
(4) A mandatory body to whom compliance under § 4 to 6 is unduly burdened shall, if possible, provide users of the website managed by it and mobile applications affected by the disproportionate burden with a alternative solution for the use of the content of the website and the mobile application.
Declaration of accessibility
(1) The compulsory body shall publish and update on all websites it manages in an accessible format a declaration of accessibility of the website containing:
(a) the communication to which extent the website complies with the requirements of Sections 4 and 5;
(b) a reason for which the website does not meet the requirements of Sections 4 and 5 and, where appropriate, a replacement solution under Section 7 (4); and
(c) information on the procedure where there are reasonable grounds for suspecting that the website does not comply with the requirements laid down in paragraphs 4 and 5 or that the reason referred to in point (b) is unfounded, including the possibility of initiating proceedings against the competent authorities.
(2) The compulsory body may also fulfil the obligation referred to in paragraph 1 by publishing and updating, in an accessible format, the accessibility declaration of the websites it manages on one of the websites it manages and the other websites it manages, a reference to that declaration.
(3) The compulsory body shall publish and update on one of the websites it manages in an accessible format a declaration of accessibility of mobile applications it manages containing:
(a) a list of mobile applications;
(b) a statement of the extent to which mobile applications meet the requirements of Sections 4 and 6;
(c) a reason for which mobile applications do not comply with the requirements laid down in Sections 4 and 6 and, where appropriate, a replacement solution pursuant to Section 7 (4); and
(d) information on the procedure where there are reasonable grounds for suspecting that a mobile application does not comply with the requirements of Sections 4 and 6 or that the reason referred to in (c) is unfounded, including the possibility of initiating proceedings against the competent authorities.
(4) The declaration of accessibility shall conform to the model established by the implementing act of the European Commission, issued pursuant to Article 7 (2) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council, if adopted.
Complaint to remedy
Any person may make a complaint against the obliged entity seeking redress if he has reasonable grounds to suspect that the website or mobile application administered by the obliged entity does not comply with the requirements of Sections 4 to 6 or that the reason referred to in Section 8 (1) (b) or 8 (3) (c) is unfounded. The provisions of the law governing the right of petition governing the filing and processing of petitions shall apply mutatis mutandis to the filing and processing of the complaint.
Scope of the Agency
Agency
(a) check that the compulsory bodies comply with the obligations laid down by this law;
(b) monitor, in accordance with the procedure laid down in the implementing act referred to in Article 8 (2) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council, whether the websites and mobile applications administered by obliged entities comply with the requirements of Sections 4 to 6;
(c) publish on its website, free of charge, the requirements of the standard pursuant to Article 5 (1) and (2) and Article 6 (1) and (3).
Control of compliance with obligations of obliged entities
If the Agency finds, in the course of the examination provided for in Article 10 (a), that the compulsory body has been subject to the obligations laid down by this law, it shall require the compulsory body to take corrective measures. The compulsory body shall take corrective measures within a time limit set by the Agency which shall not exceed 6 months.
Access monitoring result report
The Agency shall report to the European Commission every 3 years under the conditions laid down in the implementing act referred to in Article 8 (6) of Directive (EU) 2016 / 2102 of the European Parliament and of the Council on the outcome of the monitoring of the accessibility of websites and mobile applications pursuant to Article 10 (b). The Agency shall publish the report on its website.
Transitional provisions
(1) Paragraphs 4, 5, 7 and 8 shall apply from 23 September 2020 to websites managed by a compulsory body published before the date of entry into force of this Act.
(2) Paragraphs 4, 5, 7 and 8 shall apply from 23 September 2019 to websites managed by a compulsory body published from the date of entry into force of this Law.
(3) Paragraphs 4 and 6 to 8 apply from 23 June 2021 to mobile applications managed by a compulsory body.
(4) This Act does not apply to the content of websites and mobile applications managed by a mandatory body, which is a pre-recorded media file with a time dimension published before 23 September 2020.
(5) This Act shall not apply to the content of websites managed by a compulsory body which are not intended for the public, provided that they have been published for their users before 23 September 2019 and that they have not undergone a substantial change.
(6) The first report on the outcome of the monitoring of accessibility of websites and mobile applications shall be submitted by the Ministry to the European Commission by 23 December 2021, pursuant to Article 12. This report shall contain:
(a) a description of the mechanism for consultation with relevant stakeholders on the accessibility of websites and mobile applications;
(b) a description of the procedures for the publication of all developments in the accessibility policy of websites and mobile applications;
(c) information on experience and knowledge of the application of the rules on compliance with the requirements under Sections 4 to 6; and
(d) information on training and awareness-raising activities.
(7) Until 22 September 2020, the legislation laid down in Decree No. 64 / 2008 Coll., on the form of publication of information related to the performance of public administration via the website for disabled persons (the accessibility decree) shall apply to websites managed by a compulsory body pursuant to § 3 (1) (a) and (b), as effective before the date of entry into force of this Act.
(8) Until 22 September 2019, the legislation laid down in Decree No. 64 / 2008 Coll., as effective before the date of entry into force of this Act, shall apply to websites managed by a compulsory body pursuant to § 3 (1) (a) and (b) published from the date of entry into force of this Act.
Amendment of the Act on Information Systems of Public Administration
Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 130 / 2008 Coll., Act No. 104 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 223 / 2009 Coll., Act No. 64 / 2014 Coll.
1. in Article 5 (2), point (f) is deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
2. Paragraph 12 (1) (d) is deleted.
Points (e) to (i) shall be renumbered (d) to (h).
REPEAL PROVISIONS
Decree No. 64 / 2008 Coll., on the form of publication of information related to the performance of public administration through a website for disabled persons (Accessibility Notice), is repealed.
EFFECTIVE
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
(1) Directive (EU) 2016 / 2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of websites and mobile applications of public sector bodies.
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Regulation Information
| Citation | Act No. 99 / 2019 Coll., on the accessibility of websites and mobile applications and on the amendment of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.2019 |
|---|---|
| Effective from | 09.04.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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