Digital accessibility for healthcare providers is now an integral part of creating a welcoming, safe environment for patients. It is not merely about meeting a formal legal requirement, but about giving people with visual, hearing, motor or cognitive impairments genuine support in using online medical services. Below, we explain what digital accessibility means in practice, which steps it requires healthcare businesses to take and how the principal exemptions operate.
Why does digital accessibility matter so much in medicine?
1. Equal access to care
A growing number of medical services are moving online: booking appointments, teleconsultations, ordering medicines and obtaining test results through a patient portal. If these solutions are inaccessible, they exclude people who cannot see the screen clearly, cannot use a mouse or need a screen reader.
2. Treatment safety
Precise instructions, properly labelled interface elements and clear video content with captions or transcripts are not simply convenient; they are a matter of safety. A patient who misreads the dosage of a medicine or a doctor’s recommendations may suffer serious harm.
3. Reputation and trust
A facility that ensures every patient can use its online services comfortably builds a reputation as a professional, inclusive provider. This can deliver tangible marketing and competitive benefits.
Who must make their services accessible?
- Public-sector bodies — where they meet the statutory definition — are subject to separate Polish legislation on digital accessibility dated 4 April 2019. However, if a public-sector body, as a service provider, offers or provides consumers with a service covered by the PAD, such as an e-commerce service, it may also be subject to the PAD. An NFZ contract or public funding of healthcare services does not by itself determine public-body status. The accessibility statement is reviewed annually and updated in the circumstances specified by the Act.
- Private businesses in the healthcare sector — since 28 June 2025, the PAD may cover e-commerce services offered to consumers. These are services offered or provided at a distance through a website or mobile device, electronically, at the consumer’s individual request and for the purpose of concluding a contract. Not every private-facility website falls within the PAD automatically. The PAD states its requirements in functional terms; EN 301 549 V3.2.1 and WCAG 2.1 at levels A and AA are practical reference points, but a WCAG checklist alone does not establish full compliance.
When may the PAD apply to private practices?
If you operate a medical, dental, physiotherapy or other practice, check whether the digital journey:
– offer online appointment booking;
– make test results or patient records available through a portal;
– provide teleconsultations or remote consultations;
– accept payments through the website;
– sell medical products online,
When might a feature fall outside the PAD?
If:
– you have only a simple brochure website with a telephone number and address;
– the website does not operate a process for concluding a contract online;
– a form is used only to make contact, not to conclude a contract with a consumer,
the feature may not constitute an e-commerce service. The scope must be assessed for the specific service, while micro-enterprise status should be checked separately.
How can digital accessibility be organised in practice?
1. Establish the legal scope and carry out a technical assessment — check whether the PAD applies to the specific service, then assess matters including contrast, labels for buttons and forms, captions, transcripts and operation without a mouse.
2. Organise accessibility information — where the PAD applies, publish the information identified in Article 32(2)(1) about the service, its use and how it meets the requirements in the terms of service or an equivalent document, in an accessible form. A separate page or internal policy may additionally support accessibility management and describe:
• the scope of the assessment and standards or technical specifications used
• how problems can be reported by online form, email or telephone
• the internal method and time frames for responding to reports
• contact details for the responsible person or team
3. Removing functional and content barriers
– appropriate alternative text for images that convey information, and an empty alt attribute for decorative images;
– semantic headings from H1 to H6, lists and ARIA landmarks for logical navigation;
– captions and transcripts for video and audio recordings;
– keyboard operation for all interactive elements;
– responsive design and scaling so that the layout accommodates enlarged text.
4. Implementing internal procedures
– checklists for editorial and development teams when creating content;
– automated testing with tools such as axe and WAVE;
– a programme of training for IT and content teams to maintain a shared level of awareness.
5. Handling feedback and monitoring
– set an accessible channel for reporting problems and responsibility for reviewing them. Where the PAD applies, the method and time limits for complaints must be aligned with the Act.
– periodic internal reports may be good management practice; the PAD does not require quarterly reports to management.
Exemptions and the ‘disproportionate burden’ provision
The PAD does not apply to services offered or provided by micro-enterprises. This exclusion follows directly from Article 4(1) and does not depend on proving a disproportionate burden. The Article 21 assessment concerns businesses that remain within the Act’s scope and a specific accessibility requirement. Applying it requires:
· applying the statutory criteria, including the relationship of costs to operating costs, benefits for people with specific needs and revenue from the particular service.
· preparing assessment records and retaining them for 5 years after the service provider stops offering or providing the service; the service provider reassesses at least every 5 years, after a change to the service and at the competent authority’s request.
· promptly notifying the competent market-surveillance authority in writing that accessibility requirements are not being met due to disproportionate burden, with reasons.
· checking whether the service provider received public or private funding, other than its own resources, to meet the particular requirement; if so, it may not rely on disproportionate burden for that requirement.
Benefits for healthcare providers
· Greater patient satisfaction and safety – including for patients with sensory or motor impairments.
· Clearer service structure – an accessible, semantically structured website may help search engines read its content, although accessibility alone does not guarantee higher rankings.
· A reputation as a modern, responsible provider – giving you a competitive advantage and the community’s trust.
Penalties and risks for lack of digital accessibility
Penalties under Polish law
Under Article 73 of the Act of 26 April 2024, a penalty may be imposed for the service-provider infringements listed there, including failure to ensure that services meet the accessibility requirements in Articles 12–19. The penalty may be up to:
· ten times the average monthly wage in the national economy for the preceding year, but no more than 10% of turnover in the preceding financial year. The amount is determined with regard to matters including the scope and seriousness of the infringement.
Practical consequences
· Financial risk: high penalties that may strain the budget and affect liquidity.
· Legal risk: inspection by the President of PFRON or the competent market-surveillance authority; for e-commerce services, supervision is exercised by the minister responsible for digital affairs.
· Reputation: negative reviews, loss of patients’ trust and a weaker market position.
How can you support patients today?
Our shop offers an editable pack of templates that supports organising selected accessibility documents and procedures. The pack alone does not establish compliance with the PAD or make a website or app technically accessible; those require a separate assessment and implementation.
What does the pack contain?
Editable templates prepared by lawyers:
– WCAG 2.1 checklist for medical facilities
– accessibility policy and statement for publication on the website
– complaints procedure with response templates, registers and records
– an easy-to-read (ETR) version of the website
🎓 BONUS: consultation with a Polish attorney-at-law (radca prawny)
60 minutes with Polish attorney-at-law (radca prawny) Anika Szczepańska, a specialist in Polish medical law. She will explain how to use the documents and avoid mistakes when interpreting the rules.
Editable versions (Word) – to be completed and tailored before use or publication.
Who is it for?
The pack is recommended for:
– private and public outpatient clinics
– dental and physiotherapy practices
– specialist clinics and laboratories
– organisations that, after assessing their scope, want to organise their accessibility documentation
If you have questions about digital accessibility in a medical facility or our pack of legal documents and procedures, contact office@as-legal.com.pl
