Accessibility, as defined under Directive (EU) 2019/882 on the accessibility requirements for products and services (commonly referred to as the European Accessibility Act – EAA), refers to the ability of persons with disabilities to perceive, understand, navigate and interact with products and services on an equal basis with others. In Romania, the EAA has been transposed through Law no. 232/2022, which introduces mandatory accessibility requirements applicable to a broad array of services across the internal market. Starting from 28 June 2025, gambling operators established in, or offering services within, the European Union will be required to ensure that their platforms comply with this harmonised accessibility regime.
Although both online and land-based gambling operators may fall within the scope of the accessibility framework established by Law no. 232/2022, the degree of applicability varies depending on the nature of the service provided. In the case of land-based operations, potential obligations may arise in connection with the use of self-service terminals or with the accessibility of the physical premises where services are offered. However, considering the distinct regulatory considerations applicable to such environments, including possible extensions under national law, a separate and dedicated analysis will be provided for the land-based segment.
Online gambling services, by their very nature as remotely accessible, contract-based offerings delivered through websites or mobile applications fall within the scope of the accessibility obligations laid down in Law no. 232/2022. In line with that legal framework, operators are required to ensure that their platforms are not only technically compliant, but also functionally accessible throughout the entire user journey. This requirement extends beyond the visual or structural design of the interface and encompasses the manner in which information is organized, presented and made operable for all users, including persons with disabilities. From the initial stages of account creation and identity verification, through game interaction and transaction flows, and up to customer support, accessibility must be integrated as a fundamental element of service delivery and platform design.
In operational terms, this implies that all content and functionalities must be conceived in a way that makes them perceivable, operable, understandable, and robust for all users, including those with visual, auditory, motor or cognitive impairments. Visual elements such as icons, buttons or promotional banners must be accompanied by appropriate semantic markers to allow interpretation through assistive technologies. User navigation should be fully achievable without reliance on touch input or pointer devices. Textual content must be scalable without loss of readability or structural coherence, and visual contrasts must remain legible across a range of visual capabilities. Where multimedia components are integrated (for example, video tutorials or dynamic promotional content) equivalent alternatives such as captions or descriptive transcripts must be provided to ensure access on equal terms.
The legal obligations applicable to online gambling operators are not limited to the structural or technical configuration of the digital platform. In accordance with the legislative framework previously discussed, operators are also required to ensure that all communication and support mechanisms are accessible to users with disabilities. This includes customer-facing services such as help desks, call centers, live chat tools and technical assistance channels, which must be designed to function compatibly with assistive technologies. At least one communication method must be made available for users who cannot rely on voice telephony. Equally, documents such as general terms and conditions, game rules/help files, account statements or promotional terms must be published in formats that are accessible and adaptable, for instance by enabling screen reader access or alternative display modes.
Beyond these design and functional obligations, operators are required to publicly document how their services meet the legal requirements through an accessibility statement. This document must contain a general description of the service, an outline of how accessibility obligations have been addressed, and information on how users can request additional accessible formats or report non-compliance.
While the accessibility statement must outline how the service meets legal requirements, the law does not prescribe a fixed set of technical solutions that operators must follow. Neither Law no. 232/2022 nor Directive (EU) 2019/882 imposes mandatory implementation specifications. Instead, conformity can be demonstrated by reference to harmonized European standards, with EN 301 549, incorporating WCAG 2.1 Level AA serving as the most widely accepted benchmark. Although WCAG 2.2 has been published, it has not yet been formally adopted at Union level.
At the same time, the law recognizes that certain providers may not be subject to the full extent of the accessibility obligations. These include microenterprises defined as operators with fewer than ten employees and an annual turnover not exceeding EUR 2 million, which are exempt from service-related accessibility obligations. In addition, digital content published before 28 June 2025 is not subject to the new requirements, provided it is not subsequently modified. Transitional measures are also in place for pre-existing contracts and services, which may remain operational under specific conditions until June 2030. However, in the context of online gambling services, these exemptions appear to have limited applicability.
Failure to comply with the obligations set out under Law no. 232/2022 may lead to administrative sanctions. These include fines ranging from RON 6,000 to RON 12,000 (approximately EUR 1,200 to EUR 2,400) for general non-compliance and between RON 7,000 and RON 15,000 (approximately EUR 1,400 to EUR 3,000) for specific breaches such as the absence of accessible interfaces. In more serious or repeated cases, operators may face suspension of their services or even revocation of their license. Moreover, failure to notify competent authorities of any instances of non-compliance or to implement corrective measures in due time may attract additional penalties.
With the compliance deadline rapidly approaching, online gambling operators should take immediate steps to review the accessibility of their digital platforms. A structured internal audit is essential to identify any areas of non-conformity and to ensure that services meet the requirements set out in Law no. 232/2022 and the European Accessibility Act. Where internal resources are insufficient, external expertise should be sought to support the implementation of harmonized standards and eliminate potential compliance risks. Accessibility should no longer be treated as a secondary issue. It is an essential part of how platforms are designed, operated, and maintained in today’s regulatory environment. Operators who take action now will not only reduce legal and reputational risks, but also demonstrate that they are prepared to meet the growing expectations for inclusion, transparency, and long-term digital responsibility.
*****
A summary of the above was initially published on the BACIU PARTNERS' website and is available here: https://baciupartners.ro/accessibility-in-the-spotlight-what-operators-need-to-know-under-law-no-232-2022/