The European Union has established standards to ensure accessibility for people with disabilities, notably Directive 2019/882, transposed in Portugal by Decree-Law 82/2022 and Ordinance 220/2023. From 28 June 2025, products and services such as computers, transport, banking services and e-commerce must comply with accessibility requirements based on the principles of perception, operability, comprehensibility and robustness. Exceptions are provided for in cases of disproportionate burden, and non-compliance may result in fines of up to EUR 44,891.81. Existing facilities and contracts have until 2030 to adapt.
With the aim of promoting a fair and inclusive society, the European Union has approved a set of rules designed to ensure that people with disabilities have access, on an equal basis with others, to the physical environment, transport, information and communications, including information and communication technologies and systems, and other facilities and services open or provided to the public, whether digital or non-digital, both in cities and in the countryside.
Within this set of standards, it is important to highlight the European Accessibility Act (Directive EU 2019/882), which harmonized accessibility requirements at European level and removed barriers to the free movement of accessible products and services placed on the European Union's single market.
The Directive was transposed into Portuguese law by Decree-Law 82/2022, of 6 December (Decree-Law), and by Ordinance 220/2023, of 20 July (Ordinance), which define the accessibility requirements and criteria for products and services, as well as establishing the criteria for assessing the possible "disproportionate nature" of compliance with these requirements by an economic operator. This legal regime came into force on 7 December 2022 but will only take effect from 28 June 2025 regarding products placed on the market and services provided to consumers from that date onwards.
Service providers with facilities and equipment legally in use prior to the entry into force of the Decree-Law may continue to operate, but must ensure their accessibility by 28 June 2030. The same deadline applies to service contracts concluded before the entry into force of the law. Self-service terminals, in turn, may be used until the end of their economic life, with a maximum limit of 20 years after the date of entry into service.
Key Points of the Decree-Law and the Ordinance
The products and services covered by the scope of application of the Decree-Law and Ordinance are as follows:
- Computers and operating systems;
- ATMs;
- Smartphones;
- Televisions and related equipment;
- Telephone services and related equipment;
- Audiovisual media services such as television broadcasting and related equipment;
- Air, land, rail and sea transport services;
- Banking services;
- E-books and e-book readers;
- E-commerce services.
In order to ensure the accessibility of services covered by the scope of the Decree-Law, the products used in the provision of these services with which the consumer interacts must also comply with the applicable accessibility requirements.
In the digital sphere, it is worth mentioning the four principles on which accessibility legislation is based:
- Perception: content must be easily visible, audible and understandable to all users, regardless of their sensory abilities;
- Operability: users must be able to navigate and use the content effectively, regardless of the technology or devices they use, e.g. keyboards, touch screens, voice commands, etc.;
- Comprehensibility: the content of digital products must be written in a simple and clear manner, ensuring that the information is easily understood by everyone;
- Robustness: content must be robust and compatible with a wide range of devices and operating systems. For example, “clean” coding practices must be adopted to ensure that the website functions correctly on different platforms, browsers and devices.
Accessibility requirements are only applicable to the extent that compliance with them (i) does not imply a fundamental change in the nature of a product or service or (ii) does not result in disproportionate burdens being imposed on economic operators.
Furthermore, it should be noted that failure to comply with the legal obligations imposed by the above-mentioned legislation may trigger the application of fines of up to EUR 3.740,98 for natural persons and EUR 44.891,81 for legal persons.
With the date of entry into force of the Decree-Law and the Ordinance approaching on 28 June 2025, it is important to highlight the need for companies to gradually begin adapting to the new accessibility requirements, promoting inclusion and ensuring that their products and services are accessible to all people on an equal basis.
