Over recent years, Germany has taken significant strides in legislating accessibility for both public and private sectors. The German Disability Equality Act (BGG) laid the groundwork by providing a framework to support the participation of people with disabilities, although its application is limited to federal public authorities. Building on these efforts, Germany then introduced the Barrierefreie-Informationstechnik-Verordnung (BITV 2.0) which established detailed technical requirements for accessible digital services and products used by federal public authorities.
In 2019, the landmark European Accessibility Act (EAA) was enacted at an EU level, extending accessibility requirements beyond the public sector to include private businesses that provide products and services to consumers. To implement the EAA, Germany enacted the Barrierefreiheitsstärkungsgesetz (BFSG) in July 2021, thereby transposing the provisions of the EAA into national law. The BFSG is an important step toward fostering inclusivity, with its provisions scheduled to take effect on June 28, 2025. Private businesses are now obligated to ensure compliance with its requirements.
Scope of the BFSG
The BFSG specifies accessibility requirements for a range of products and services introduced to the market after June 28, 2025, notably, hardware systems, self-service terminals, telecommunications services, banking services for consumers and e-commerce services.
A significant scope of application will be that of “e-commerce services”, which encompasses all telemedia services provided via websites or mobile applications with the intent of enabling consumer contracts. Consequently, websites, online marketplaces and platforms engaged in B2C transactions have to comply with the BFSG’s accessibility standards.
To supplement the BFSG, Germany also introduced the BFSG Ordinance (BFSGV) on June 15, 2022, which will come into force the same day as the BFSG. The BFSGV prescribes specific requirements for the accessibility of products and services, in particular, to the accessibility provision of information on products and services. Websites, online marketplaces, and platforms must adhere to principles of accessibility—ensuring content is perceivable, operable, understandable, and robust. Service providers engaged in providing e-commerce services are required to now include accessibility statements on their websites, clearly explaining how their services meet accessibility requirements, and such information has to be provided in an accessible format and prominently displayed.
Accessibility Standards
The BFSG does not postulate specific technical standards, but the European standard EN 301 549 shall serve as the presumptive standard for digital accessibility. This standard aligns with the AA level of the Web Content Accessibility Guidelines (WCAG) 2.1, providing an internationally recognized framework for achieving website and digital accessibility.
Exemptions and Exceptions
While the BFSG sets a broad accessibility mandate, certain exemptions apply:
- Micro-enterprises employing fewer than 10 people and generating annual revenues under 2 million euros are exempt from the BFSG’s provisions. However, micro-enterprises producing certain products are still required to comply.
- Products and services exclusively designed for the B2B sector or used solely for internal purposes without public access are also exempt.
- Companies can seek exemptions if implementing accessibility measures would result in a significant fundamental change to their product or service or impose a disproportionate burden.
Enforcement and Penalties
Non-compliance with the BFSG can result in fines of up to 100,000 euros as well as sanctions from the regulator such as restrictions or prohibitions on the provision of the product or service, underscoring the importance of adherence to its provisions.
Accessibility Compliance: Key Strategies for Your Company
Ensuring compliance with the accessibility requirements mandated under the BFSG requires addressing several technical, organizational and legal challenges. Companies must now align their websites and digital services with the EN 301 549 standard and the WCAG 2.1 guidelines, prepare accessibility statements, train their workforce and adapt to evolving compliance requirements. Non-compliance risks fines, sanctions, reputational harm as well as missed opportunities for your business.
Navigating these complexities is where we come in. Our team offers comprehensive solutions to simplify accessibility compliance, from auditing your websites to crafting accessibility statements and ensuring your products and services meet the requirements stipulated under the law. Contact us if you want to understand your accessibility obligations and create a roadmap that considers them as well as your interest and position in the market.