Gambling and the accessibility imperative: from selective entertainment to inclusive participation
The principle of accessibility for persons with disabilities has gained increasing prominence within both European Union law and the Romanian legal framework. The UN Convention on the Rights of Persons with Disabilities, ratified by both the EU and Romania, underscores the obligation of States to guarantee equal access for persons with disabilities to the physical environment, to information and communication, and to services made available to the public.
by Andrei Cosma, Partner si Adela Nuță, Managing Associate at BACIU PARTNERS
Adela Nuta, Managing Associate, BACIU PARTNERS
Andrei Cosma, Partner BACIU PARTNERS
In this context, Directive (EU) 2019/882, commonly referred to as the European
Accessibility Act (EAA), together with its national transposition through Law No. 232/2022, establishes clear accessibility requirements for a number of products and services deemed essential.
The objective of this legal framework is to remove the barriers that prevent persons with disabilities from using, on equal terms, the goods and services available on the internal market.
The EAA primarily covers sectors such as electronic communications, audiovisual media services, consumer banking, e-commerce, as well as certain interactive devices used in everyday life (e.g. ATMs, self-service ticketing or check-in terminals, general-purpose IT equipment, etc.). As of 28 June 2025, these requirements will become mandatory for all products placed on the market and services supplied, marking a significant advance toward universal accessibility.
In parallel with the general accessibility obligations applicable to products and services, the domestic legislative framework already sets out concrete requirements for ensuring physical accessibility, including in recreational venues. Law No. 448/2006 requires gambling halls, as public-facing premises, to be arranged in such a way as to permit access for persons with disabilities. However, physical access alone is insufficient, it must be complemented by the effective possibility of using the services provided. If a person with disabilities can enter the premises but cannot interact with the gaming machines, the right of access remains purely formal.
This observation naturally raises the question of whether slot machines—electronic gaming devices operated individually by players—can fall within the scope of the products or terminals governed by Law No. 232/2022. Although Government Emergency Ordinance No. 77/2009 defines such machines separately as traditional gambling devices, their interactive nature and their consumer-facing function may justify, at least from a functional standpoint, a broader analysis regarding the applicability of the legal accessibility framework to slot machines, including by analogy with self-service terminals.
foto: Marcus Aurelius / Pexels
Law No. 232/2022 explicitly sets out the categories of products subject to accessibility requirements, including communication equipment, e-readers, and self-service terminals (e.g., ATMs, ticket kiosks, and info-kiosks). Slot machines are not included in this list, either explicitly or by implication, suggesting that they are not currently subject to express regulation. Nonetheless, their nature as interactive electronic devices, autonomously used in publicly accessible spaces, raises legitimate questions as to whether the general principles of accessibility might apply indirectly. The fact that a player with disabilities may be able to access the venue but not the device itself creates a functional imbalance that is difficult to justify. Therefore, although not expressly mandated, the future extension of accessibility obligations to slot machines appears both logical and inevitable in the current European context.
In the absence of binding technical standards specifically applicable to slot machines, accessibility measures can be defined by analogy with the requirements set out in Law No. 232/2022 for self-service terminals, as follows: (i) the device interface should support the vocal rendering of instructions, menus, and game results, including through integration of an audio output compatible with individual devices (standard headphone jack); (ii) the visual display must allow for the adjustment of font size, contrast, and color schemes, so that essential information remains legible and comprehensible across a range of visual perceptions; (iii) basic commands (game start, wager selection, prize collection) must be identifiable through tactile markings and/or standardized symbols, and in the case of equipment equipped exclusively with touchscreens, it is necessary to integrate alternative control mechanisms (physical button, remote control, voice or gesture command); (iv) the software interface must ensure a clear operational flow, with intuitive graphics, simplified rule explanations, language options, and compatibility with assistive technologies such as screen readers or alternative displays; (v) Essential functionalities must be presented in an accessible manner, using complementary communication channels simultaneously (text, audio, and symbols), and the structure of the game must avoid elements likely to cause cognitive overload, particularly for users with intellectual or communication disabilities.
foto: freepik.com
Implementing these technical requirements will necessarily entail significant adaptation of equipment, which may involve either the redesign of existing slot machines or the introduction of a new generation of terminals conceived ab initio in accordance with the principles of universal design. Within this transitional framework, Law No. 232/2022 establishes a differentiated temporal regime based on the moment of commissioning. Thus, for self-service terminals already in operation before 28 June 2025, the derogatory regime laid down in Article 29(2) permits continued use for the provision of equivalent services, without immediate compliance obligations, for a maximum period of 20 years from their initial deployment. This legislative solution reflects a balanced approach between accessibility objectives and the principle of economic proportionality, offering operators a predictable timeframe for gradual modernization.
The current legal regime applicable to slot machines stands at the intersection of two realities: on one hand, the absence of an explicit inclusion under the accessibility framework (EAA/Law No. 232/2022), and on the other, the growing imperative to embed accessibility within services made available to the public. While there is, at present, no direct and specific legal obligation for slot machines to be rendered accessible, the direction in which both EU norms and social expectations are evolving signals a clear shift in paradigm. Until the emergence of specific regulations, it remains essential for manufacturers, operators, and regulatory authorities to adopt a proactive stance, working in collaboration with accessibility experts to identify and implement solutions that guarantee equal and dignified access to gambling services for all user categories.
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