Luxembourg

The Law of March 8, 2023 relating to accessibility requirements applicable to products and services, Luxembourg’s digital accessibility regulation is governed by the Office for Monitoring Accessibility of Products and Services (OSAPS).

What it includes

• General computer hardware and operating systems: Covers accessibility features in general-purpose hardware and software
• Self-service terminals: Includes payment terminals, ATMs, ticket and check-in machines, and information kiosks, excluding those integrated into transportation vehicles
• Consumer terminals: Encompasses devices for electronic communication, audiovisual media services, and digital readers
• Access services for audiovisual media: Ensures usability for diverse audiences
• Passenger transport services: Covers websites, mobile services, electronic ticketing, and real-time travel information for interactive screens and terminals within the EU
• Consumer banking services: Requires accessible digital banking solutions
• Digital books and associated software: Mandates inclusivity in digital publishing
• E-commerce: Supports accessible online shopping experiences

Additionally, the Act governs emergency responses, particularly for the European single emergency number “112” and other national emergency services.

Exceptions

• Pre-recorded media and published office file formats: Applies only to those hosted on websites and mobile applications
• Navigation maps: Excludes maps unless provided in accessible digital formats
• Third-party content: Exempts content not funded, developed, or controlled by the economic operator in question
• Archived content: Excludes archives with unedited material predating the law’s enactment
• Copyright and related rights: The Act does not override protections under the amended Act of 18 April 2001 or Regulation (EU) 2017/1563, which address cross-border exchanges of accessible formats for visually impaired individuals
• Procurement procedures: Excludes enforcement and sanctions related to public procurement, as governed by the amended law of 8 April 2018

Fines and penalties

Compliance with this regulation is enforced through a range of measures designed to ensure adherence. Economic operators who fail to comply with documentation requests, obstruct market surveillance, or ignore compliance decisions face administrative fines ranging from 250 to 15,000 euros. Criminal sanctions apply to more severe violations of specific articles, with fines between 251 and 500,000 euros, depending on the severity of the offense, the number of non-compliant units, and the individuals affected.

For repeat offenses, penalties increase significantly, with fines ranging from 500,000 to 1,000,000 euros. Convictions across EU Member States are considered in determining repeat violations. The OSAPS requires operators to take corrective actions within a specified timeframe, failing which the product in question may be withdrawn from the market.

Additionally, courts hold the authority to order the confiscation and destruction of items involved in the offense and seize any illegal gains derived from non-compliance. These measures collectively aim to maintain stringent oversight and accountability.

Reporting

Luxembourg follows the EU-wide mandate for accessibility statements on public sector websites and digital services. These statements are essential for maintaining transparency and accountability.

This statement must be publicly available on their websites and provide clear information on the accessibility status of their digital services, such as whether they meet the required standards or outline existing accessibility issues. The statement should also detail the measures taken to improve accessibility, including any ongoing efforts or plans for remediation. Additionally, the accessibility statement must specify how users can report accessibility problems and request assistance, ensuring that organizations remain accountable and transparent in their commitment to accessible digital experiences.

For the latest and most accurate information on digital accessibility requirements, please refer to the official documentation provided by the government of Luxembourg.