What happens if your website does not comply with the Swedish Accessibility Act?
If an e-commerce, banking or electronic communications service does not meet the requirements of the Swedish Act (2023:254) on the accessibility of certain products and services, PTS (the Swedish Post and Telecom Authority) can request information and ask you to fix the shortcomings within a set time. If they are not fixed, PTS can issue an order, with or without a conditional fine, or decide on a penalty fee. The penalty fee is at least SEK 10,000 and at most SEK 10,000,000.
How a supervision case works
PTS selects services according to its supervision plan, or after a complaint or another indication of shortcomings. The check usually follows four steps:
- Request for information
- Review of the service
- Verification of information
- Opportunity to respond
If the service meets all requirements, the case is closed.
Source: PTS.
When PTS finds shortcomings
- A request to fix them. You get a limited time to fix the shortcomings and then report what you have done.
- An order, with or without a conditional fine, if the shortcomings are not fixed or the measures are not enough.
- A penalty fee of SEK 10,000–10,000,000. The amount depends on how serious and extensive the breach is.
Orders and decisions on penalty fees can be appealed.
Sources: PTS and the Act (2023:254).
Which authority is responsible for supervision?
PTS supervises e-commerce services, banking services and electronic communications services. The Swedish Consumer Agency (Konsumentverket) and the Swedish Transport Agency (Transportstyrelsen) supervise different elements of passenger transport services. The Swedish Agency for the Media (Mediemyndigheten) supervises services that give access to audiovisual media services, and the Swedish Agency for Accessible Media (MTM) supervises e-books.
Source: the Ordinance (2023:676), sections 28–31.
How to prepare
Scan the website and see the biggest shortcomings.
Fix and document, so that you can show what you have done if PTS asks.
Publish accessibility information about the service.
Have you received a request for information? Let a lawyer go through the questions and prepare material for your reply.
Read about the legal assessment and support with the authority
Frequently asked questions
- Can you be fined if your website does not comply with the Accessibility Act?
- The Act does not provide for criminal fines. Instead, the responsible supervisory authority can issue an order, with or without a conditional fine, and decide on a penalty fee. The penalty fee is at least SEK 10,000 and at most SEK 10,000,000 and depends on how serious and extensive the breach is. Source: the Act (2023:254).
- Who checks that companies comply with the Accessibility Act?
- PTS supervises e-commerce, banking services and electronic communications services. The Swedish Consumer Agency and the Swedish Transport Agency supervise different elements of passenger transport services, the Swedish Agency for the Media supervises services that give access to audiovisual media services, and the Swedish Agency for Accessible Media supervises e-books. Source: the Ordinance (2023:676).
- How does PTS find shortcomings on a website?
- PTS reviews services according to a supervision plan and can also review a service after a complaint or another indication that it does not meet the requirements. Source: PTS.
- Do we get a chance to fix the shortcomings?
- Yes. According to PTS, you are first asked to fix the shortcomings within a limited time and then report the measures you have taken. Only if the shortcomings remain can PTS move on to an order or a penalty fee.
- Can a decision be appealed?
- Yes. Orders and decisions on penalty fees can be appealed. The decision explains how. Source: PTS.
- What do we do if PTS has requested information about our website?
- Go through what the authority is asking for and what shortcomings the service has, and document what you fix. Selma helps with a review of the authority's questions, an analysis of the website's status, legal advice before you reply and written material for the dialogue with the authority.
This information is a summary of PTS's guidance and the text of the law, not legal advice. Always check the latest information with PTS.