Royal Decree 193/2023 marks a turning point in universal accessibility in Spain. This regulation, aligned with Directive (EU) 2019/882, establishes new criteria that guarantee equal opportunities and non-discrimination for people with disabilities in accessing publicly available goods and services. But what exactly does it entail? To whom does it apply? And what are its consequences?
What is Royal Decree 193/2023?
Royal Decree 193/2023, approved on March 21, 2023, regulates the accessibility requirements that certain products and services available to the public must meet to guarantee access and use by people with disabilities.
It arises as a transposition of Directive (EU) 2019/882, also known as the European Accessibility Directive, and develops key aspects of the General Law on the rights of persons with disabilities and their social inclusion (Royal Legislative Decree 1/2013).
Objectives of Royal Decree 193/2023
The main objectives of this Royal Decree are:
- Guarantee the right to equal opportunities and treatment for persons with disabilities.
- Establish conditions for goods and services to be accessible and usable on an equal basis.
- Promote personal autonomy through inclusive environments.
- Eliminate barriers to communication, access to information, and interaction with digital or physical products.
- Strengthen compliance with existing obligations and create an effective sanctioning regime.
Who does it apply to?
Royal Decree 193/2023 affects a wide variety of public and private actors:
- Public administrations, responsible for ensuring access to essential services.
- Private companies offering general consumer products and services.
- Financial institutions, transportation, telecommunications, and e-commerce services.
- Digital platforms, software developers, e-reader providers, and ATMs.
In short, any organization that offers services or products to the public must assess whether its activity falls within the scope of the decree.
Main obligations established
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Accessible goods and services
The products and services covered by the decree must:
- Be able to be used, understood, and manipulated by people with different types of disabilities.
- Provide accessible alternatives (e.g., subtitles, audio descriptions, compatible screen readers).
- Apply the principle of universal design, avoiding creating segregated solutions.
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Accessible information and communication
- Documentation, contracts, forms, and web pages must be digitally accessible (comply with standards such as WCAG 2.1).
- Clear language and augmentative and alternative communication systems should be used if necessary.
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Reasonable adjustments
- Where a universal solution is not possible, reasonable adjustments should be made individually to ensure access without imposing disproportionate burdens.
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Positive action measures
- Proactive measures to promote full inclusion are encouraged (e.g., specific training, the inclusion of sign language interpreters, or the use of assistance dogs).
Implementation deadlines
- Starting June 28, 2025, all new products and services must comply with the requirements of the Royal Decree.
- For existing products or services, transitional periods are established until June 28, 2030, with specific exceptions and flexibilities.
Sanctioning regime
Failure to comply with the Royal Decree can result in significant financial penalties, ranging from minor to very severe depending on the damage caused and the degree of intent.
This regime is aligned with the General Law on Disability and includes both fines and the possibility of complementary measures (withdrawal of licenses, temporary disqualification, etc.).
Normativa complementaria
Royal Decree 193/2023 does not act in isolation. It is complemented by other key regulations, such as:
- General Disability Law (RDL 1/2013): reference regulatory framework.
- Royal Decree 1112/2018: accessibility of public sector websites and apps.
- Technical Building Code and RD 505/2007: accessibility in buildings.
- Order TMA/851/2021: basic housing conditions.
Conclusion
Royal Decree 193/2023 represents a firm step toward a more just and inclusive society. It’s not just about fulfilling a legal obligation, but about building an environment where all people, with or without disabilities, can participate on equal terms.
Are you a business, a professional, or simply a citizen? This decree affects you. It’s time to understand it, apply it, and contribute to change.
Frequently Asked Questions (FAQs)
All those available to the public, such as ATMs, websites, self-service terminals, banking services, transportation, telecommunications, e-books, online stores, among others. Accessibility must be guaranteed in both physical and digital use.
Companies are required to ensure that their services and products are accessible, implement reasonable adjustments, and comply with established adaptation deadlines. Failure to comply may result in penalties.
Royal Decree 193/2023 transposes European Directive 2019/882 into Spanish law, harmonizing accessibility requirements at the Community level and ensuring an inclusive market throughout the European Union.
The sanctioning regime of the General Disability Law is activated. Sanctions vary depending on the severity and may include financial fines, loss of licenses, or temporary disqualification from public sector contracts.
It includes Royal Legislative Decree 1/2013 (General Law on Disability), Royal Decree 1112/2018 on web accessibility, the Technical Building Code, Royal Decree 505/2007, and Order TMA/851/2021 on accessible housing.