Rights of Persons with Disabilities Act, 2016 and rules made thereunder- mandatory compliance by all Regulated Entities.
Summary
This circular mandates that all SEBI-regulated entities ensure their digital platforms are accessible to persons with disabilities in compliance with the RPwD Act, 2016. It requires regulated entities to adhere to specific sections of the Act and Rules regarding accessibility, information technology access, and service provider timelines. The directive outlines a strict timeline for submitting platform lists, appointing auditors, conducting accessibility audits, and remediating identified gaps. This section mandates annual compliance reporting by regulated entities to specific authorities within 30 days of the financial year-end. It establishes the applicability of the circular to all REs and cites Section 11(1) of the SEBI Act as the legal basis for issuance. The text further introduces Annexure-I, which outlines directions on digital accessibility for persons with disabilities. This section mandates that all digital documents adhere to accessible standards like tagged PDFs and WCAG 2.1 guidelines. It requires comprehensive training for staff on digital accessibility and ensures KYC processes accommodate differently abled users through alternatives like voice assistance. Furthermo
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To protect the rights and dignity of persons with disabilities and ensure their full and effective participation in securities market, it is necessary to provide for their access to Digital Platforms of SEBI Regulated Entities.
For the purpose of this Circular, the term 'Regulated Entity or RE1' shall refer to SEBI registered/ recognised intermediaries (for example stockbrokers, mutual funds, KYC Registration Agencies, QRTAs, etc.) and Market Infrastructure Institutions (Stock Exchanges, Depositories and Clearing Corporations) regulated by SEBI.
In order to facilitate such accessibility, it is mandated that all Digital Platforms of REs shall be compliant with the provisions of the Rights of Persons with Disabilities Act, 2016 ('RPwD Act, 2016') and corresponding rules, specifically with regard to the following provisions (as amended or modified or substituted from time to time): a. Section 40 of RPwD Act, 2016- Accessibility; b. Section 42 of RPwD Act, 2016- Access to information and communication technology; c. Section 46 of RPwD Act, 2016- Time limit for accessibility by service providers; d. Rule 15(1)(c) of the Rights of Persons with Disabilities Rules, 2017- Rules for Accessibility.
REs shall refer to Annexure I for detailed directions on ensuring compliance with Digital Accessibility requirement for Persons with Disabilities.
Within 1 month of issuance of circular, REs shall submit a list of digital platforms provided by them for the investors.
REs shall submit a compliance/ action taken report pertaining to the clauses of this circular.
Within 45 days of issuance of circular, appointment of IAAP certified accessibility professionals as Auditor.
Within 3 month of issuance of the circular, conduct of Accessibility Audit for the digital platforms.
Within 6 months of issuance of circular, remediation of findings from the audit and ensuring compliance with this circular.
The compliance reporting for this circular shall be done on annual basis within 30 days from the end of each financial year in accordance with the following manner: Stock Brokers/ Depository Participants report to Stock Exchanges / Depositories; Investment Advisors report to BSE Administration & Supervision Limited (“BASL”); MIIs and rest of the REs report to SEBI.
The provisions of this circular shall be applicable to all REs with effect from the date of this circular.
This circular is being issued in exercise of the powers under Section 11(1) of the Securities and Exchange Board of India Act, 1992, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
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Source: SecMarx — Rights of Persons with Disabilities Act, 2016 and rules made thereunder- mandatory compliance by all Regulated Entities.. Verbatim text is public record; SecMarx structuring (linkage to applying orders) is cited to us.