Background
The UN Convention on the Rights of Persons with Disabilities has been in force in the Netherlands since 2016. This convention sets out what the Netherlands must do to improve the position of people with disabilities. The Human Rights Committee monitors the implementation of the convention in the Netherlands. The Dutch government encourages organisations to ensure that people with disabilities can also participate in our society. The Accessibility Directive is an outgrowth of this UN convention.
You can also see that the attention of regulators is increasing when it comes to the accessibility of (financial) services. For example, the AFM published a report earlier this year calling on the financial sector to improve the accessibility of financial services. DNB also recently published a survey on digital payments. According to the survey, one in six Dutch people have difficulties navigating through the world of digital payments, which risks creating a divide in society. DNB expects banks to keep the payment system accessible to everyone and is in conversation with the industry about this.
At the end of January, the NVB announced that a number of banks had committed to making payments more accessible. These banks will help customers who have difficulties using digital services.
Scope
The accessibility rules cover a wide range of products and services, including certain financial services. The financial companies that will soon have to comply with the accessibility requirements are:
- Providers of mortgage or consumer credit;
- Investment firms providing investment services as referred to in sections a to d of the definition of ‘providing an investment service’ referred to in Section 1:1 Wft;
- Banks offering current accounts (and related facilities);
- Payment service providers providing payment services or electronic money institutions issuing electronic money.
Other financial services must also comply with accessibility requirements. The new directive refers to “e-commerce services”. This means that accessibility rules also apply when services are provided to a consumer at a distance, via websites or based on mobile devices. For example, consider a company offering savings accounts through its online environment.
These services must be accessible to persons with disabilities. These are persons with long-term physical, mental, intellectual or sensory impairments who cannot participate fully effectively in society in their interactions with others.
Exceptions
Micro-enterprises are not required to make their services accessible. These are enterprises employing fewer than 10 people, and with an annual turnover not exceeding €2 million.
An exception also applies if compliance would lead to a disproportionate burden. However, the service provider is required to substantiate this in writing with legitimate reasons. Lack of time, priority or knowledge may not be cited as a reason. Also, accessibility requirements that do not create a disproportionate burden must simply be applied. The service provider is obliged to review this every five years.
What do the new rules entail?
The financial company must have procedures in place to ensure that its services are and remain accessible to persons with disabilities. For example, the organisation must ensure that information is understandable and made available in more than one sensory way, it must also enable electronic signing. In addition, it must take into account changes to its services. It can do this, for example, by including accessibility requirements in the Product Approval process. Accessibility requirements are described in detail in the annexes to the directive.
If a financial service does not comply with the accessibility rules, the forganisation must immediately take measures to bring the service into compliance with the applicable rules. At the same time, the AFM must be notified of the non-conformity.
Information about the financial service provided to consumers must also comply with accessibility requirements. If the service makes use of a product (think of a card reader), it must also comply with accessibility requirements. This means, among other things, that information must be made available through more than one sensory channel, information must be comprehensible (maximum B2 language level) and non-textual content is supplemented by an alternative representation of that content.
The accessibility requirements also apply to identification methods, electronic signatures and payment services, as these are necessary for consumers to conclude banking transactions. Websites and services must also be made accessible on mobile devices, by making them perceivable, operable, understandable and robust.
The general terms and conditions must include the following information:
- General description of the service in accessible format;
- Explaining how the service works;
- Description of how the applicable Annex I accessibility requirements are met.
- This information is kept for as long as the financial service is offered or provided.
- Entry into force and transitional regime
The Accessibility Directive has already been published and must be implemented in national legislation by 28 June 2025. In 2022, there was a consultation on the implementation law including Explanatory Memorandum. There was also a consultation on the implementation decree. The final legal texts are now awaited. The Dutch law and decision are expected to enter into force on 28 June 2025.
Existing services are subject to a five-year transition regime. Existing services will therefore not have to comply with the accessibility requirements until 28 June 2030.
How to prepare?
So you still have some time before your existing services have to comply with the new regulations. However, it is advisable to start assessing the impact on your organisation now.
Which products and services will be affected by the accessibility requirements? Is the information in these services available through more than one sensory channel? And is all the information available at an understandable language level (maximum B2)? Rewriting information and adapting terms and conditions takes time, as does adapting websites and other mobile applications.
Do you have questions about the scope of the accessibility regulations? Or do you need help writing policies or revising your terms and conditions? We are here to help. Please contact us for a free consultation.
