From 28 June onwards, under the Law of 8 March 2023 on accessibility requirements for products and services, many economic operators will have to update their websites to include new features designed to make information easier to read for older people and/or people with disabilities.

These rules apply to many operators (telephony, e-commerce, e-banking, online payment and electronic money, video on demand, transport-related websites) and must be implemented on all platforms (computers, smartphones, tablets, kiosks and interactive terminals).

As a result, websites will have to improve their accessibility with features such as multiple sensory channels, compatibility with assistive technologies, and the ability to control links and buttons using a keyboard and provide accessible information and assistance.

Some exemptions apply, particularly for micro-enterprises, certain types of content, or in cases where the burden would be disproportionate or would require significant changes to the product or service.

The Office for the Monitoring of Accessibility of Products and Services (Office de surveillance de l’accessibilité des produits et des services or the “OSAPS”) will monitor compliance with these requirements in Luxembourg, together with the Customs and Excise Agency (Administration des douanes et accises or the “ADA”) and the Grand Ducal Police.

In the event of non-compliance with accessibility requirements, administrative and criminal penalties are provided for, such as fines of up to EUR 1,000,000, confiscation and destruction of property, and confiscation of illegal profits.

Your terms and conditions of use, privacy policies and terms and conditions of sale are affected, so remember to check them with your legal advisors or with the specialists at DSM Avocats à la Cour. Contact us.