Introduction to the Accessibility Strengthening Act
The Accessibility Strengthening Act (BFSG) is a central law that comprehensively regulates the accessibility of products and services in Germany. It was published in the Federal Law Gazette on July 22, 2021, and will come into force on June 28, 2025. With the BFSG, Germany is implementing Directive (EU) 2019/882 of the European Parliament and the Council on the accessibility requirements for products and services into national law. The aim of the law is to improve the accessibility of products and services and to provide people with disabilities equal access. The implementation of European requirements strengthens the participation of all people in social and economic life and ensures that barriers in everyday life and in the digital space are removed. The Accessibility Strengthening Act BFSG is thus an important step towards sustainably anchoring accessibility requirements for products and services in Germany.
Objective and Scope of the BFSG
The BFSG applies to all products and services that are placed on the market after June 28, 2025. It sets binding accessibility requirements for products and services, which play a significant role, particularly in the e-commerce sector. The scope of the law includes, among other things, online shops, websites, software, and hardware that are accessible to consumers. All economic operators offering products or services are affected – this includes manufacturers, retailers, importers, and service providers. The law ensures that new products and services entering the market meet accessibility requirements and are thus accessible to all user groups. Especially in the field of e-commerce and digital offerings, compliance with accessibility requirements is of central importance for companies.
Requirements for Businesses under the BFSG
On June 28, 2025, the Accessibility Strengthening Act (BFSG) comes into force in Germany. It implements the European Directive 2019/882 on accessibility requirements for products and services into national law. The aim of the law is to remove digital barriers and make internet content accessible to all users. The scope and affected groups, such as manufacturers, retailers, and importers, are regulated in § 1 para. 2 BFSG.
For many companies, the BFSG brings new, binding requirements for the design and provision of their products and services, which they need to adapt to. Companies are obligated under the BFSG to comply with statutory accessibility requirements and to design their online presences accordingly. These obligations include, in particular, compliance with technical norms and standards set within the legal framework of the BFSG. Manufacturers, retailers, and importers are required by the BFSG to design their products and services to be accessible and to comply with the legal regulations. The obligation to implement accessibility requirements affects all economic operators falling under the law. Companies bear the responsibility for the accessible design of their own websites and online services. Compliance with relevant standards and the legal framework is of central importance. Infringements can lead to administrative measures and fines, according to the law firm MTR Legal Rechtsanwälte.
Digital Products and Services Affected
The law primarily targets companies that manufacture, distribute, or offer certain digital products and services. Services in electronic commerce, as regulated within the BFSG, include digital offers provided on websites and mobile applications aimed at individual consumer inquiries regarding contract conclusions. In electronic commerce, digital offers where contracts are concluded or prepared online are particularly affected. Online trade is subject to special requirements in the context of the BFSG to ensure accessibility for all user groups. This includes, in particular, manufacturers of computers, smartphones, payment terminals, or ATMs, as well as providers of online services such as e-commerce platforms, banking apps, booking portals, or telecommunications services. Software developers providing applications for public transport, the media sector, or digital reading are also affected.
Online shops are required to design their offerings to be accessible and to meet the requirements of the BFSG. Websites offering products or services as part of electronic commerce must also be designed for accessibility. An accessible design of individual pages and distinguishable areas is especially important to comply with legal requirements. Products and product safety have specific requirements under the BFSG that manufacturers, importers, and retailers must adhere to. E-books and e-book readers must be designed to be accessible, for example, through speech output or adjustable font sizes. Banking services in electronic commerce, such as online banking or financial apps, are also subject to the accessibility requirements of the BFSG. Videos embedded on websites or in digital products must be accessible, for example, through subtitles or audio descriptions. The use of understandable language, easy language, and sign language is crucial for accessible digital offerings. The Accessible Information Technology Ordinance plays an important role in implementing the legal requirements of the BFSG. Technical norms and guidelines, such as the WCAG or harmonized EU standards, are essential for implementing accessibility requirements. Certain products are also required to have CE marking, documenting compliance with accessibility and safety requirements. There are offers to promote accessibility, such as time-limited funding programs, to support companies in implementation. Essentially, everything must be designed to be accessible to meet the objectives of the BFSG. Micro-enterprises with a maximum annual turnover of 2 million euros and fewer than ten employees are exempt from the regulations of the BFSG. They are not subject to the regulations regarding offered services.
Accessibility in Products
The BFSG comprehensively regulates how accessibility must be implemented in practice. Every product is required to bear the CE marking, which confirms compliance with accessibility and product safety requirements and is monitored by market surveillance authorities. Compliance with technical norms and guidelines, such as harmonized EU standards or DIN and ISO standards, is essential for the accessible design of products. The Accessible Information Technology Ordinance specifies the requirements for digital products and websites and provides a binding framework for implementation. E-books and e-book readers must, for example, offer features like speech output, adjustable font sizes, and accessible operating instructions to ensure access for all user groups. Videos on websites and in digital offerings must also be designed to be accessible, such as through subtitles or audio descriptions, as prescribed by the BFSG. The language of a product or service must be designed to be understandable for people with various disabilities, for example, through easy language or sign language. Manufacturers, retailers, and importers have the duty to design their products and services to be accessible and to comply with the legal requirements. The compliance with these duties is monitored by the competent authorities, which can also impose sanctions for violations. The legal framework of the BFSG emphasizes the importance of adhering to technical norms and the responsibility of all actors along the value chain. Banking services, such as online banking, ATMs, or financial apps, are also subject to accessibility requirements and must be accessible to all user groups. There are also offers such as funding programs to support accessible product design, for instance, from Aktion Mensch. The target group includes consumers, especially those who should be protected by accessible products and services. Everything should generally be designed to be accessible in accordance with the statutory requirements.
It relies on established international standards and the principles of accessible design: products and services should be perceivable, operable, understandable, and robust. For products, this means, for example, that self-service terminals like ATMs or ticket machines must have speech-supported operating options, tactile controls, and visual contrasts. Also, smartphones, computers, or operating systems must be designed to be usable by people with limited visual, auditory, or mobility abilities.
B2B Sector and Electronic Commerce
In the e-commerce sector, the BFSG applies exclusively to products and services directed at consumers (B2C sector). Services offered solely in the B2B sector are not subject to the BFSG regulations. This means that companies distributing their products or services exclusively to other companies are exempt from the law’s requirements. However, if consumers have the sole opportunity to use a service, the BFSG applies. Therefore, companies should clarify in their contractual terms when offers are intended exclusively for entrepreneurs to avoid misunderstandings and unintended application of the BFSG. Thus, it is crucial for the e-commerce sector to clearly define the target audience of one’s products and services.
Making Online Shops and Websites Accessible
In the service sector, the law obliges providers to make their digital offerings accessible. This affects, for example, online shops, which must be designed to be accessible under the BFSG, particularly concerning contract conclusions and compliance with WCAG guidelines. Every website offering products or services is also subject to accessibility requirements, and both technical and legal requirements must be observed. It is particularly important that all pages and distinguishable areas of a website, such as information pages or the checkout area of an online shop, must be designed to be accessible. For videos, according to the BFSG, there is a requirement that they must be equipped with subtitles, audio descriptions, or other accessible elements if published after certain deadlines. Language plays a central role: easy language, sign language, and understandable formats are essential for making digital offerings accessible to all user groups. The Accessible Information Technology Ordinance specifies the legal requirements of the BFSG and refers to technical norms and guidelines, such as EN or ISO standards, which serve as a benchmark for the implementation of accessibility requirements. Funding programs, such as those offered by Aktion Mensch, provide financial support to companies for the accessible design of their digital offerings. Everything subject to legal requirements must be designed to be fully or at least partially accessible to comply with all legal obligations. The target audience especially includes consumers, who are protected and addressed by accessible online offerings.
Websites and mobile applications must, among other things, be navigable via keyboard, equipped with text alternatives for images, and accessible to screen readers. Videos should be provided with subtitles or audio descriptions. Additionally, there is an information obligation: companies must clearly and understandably inform about the accessible features of their products and services.
Companies’ Proof Obligation
A central element of the BFSG is the conformity assessment. Companies as economic operators are obliged under the legal framework of the BFSG to prove that their products and services meet the legal requirements. The CE marking plays a central role, as it documents compliance with accessibility requirements and product safety regulations. Compliance with relevant norms and guidelines, such as harmonized EU norms, DIN or ISO standards, is considered proof of conformity with legal requirements. The Accessible Information Technology Ordinance must also be taken into account in the context of the proof obligation as it regulates technical requirements for digital offerings. Manufacturers, retailers, and importers have the duty to fulfill the corresponding documentation and proof obligations according to the BFSG. This can be done through internal testing procedures or by an external body. Manufacturers are required to issue an EU Declaration of Conformity and affix the CE mark. Compliance is monitored.
Implementation and Control
The responsibility for implementing the BFSG lies with the economic operators who offer products or services on the market. They must ensure that their offerings meet the applicable accessibility requirements. Compliance with these requirements is monitored by the competent authorities, conducting regular checks and taking action in case of violations. Companies that violate the BFSG face warnings, sales bans or fines of up to 100,000 euros. It is therefore essential for all providers of products and services to carefully implement the statutory requirements and continuously review the accessibility of their offerings.
Need for Action by Companies
There is a need for action for companies. The implementation of Directive (EU) 2019/882 forms the basis of the Accessibility Strengthening Act (BFSG), which translates the requirements of the European Accessibility Act into a legal framework in national law. As an economic operator, companies bear the responsibility under the BFSG to make their digital offerings accessible and to comply with the statutory requirements. The Federal Accessibility Agency offers advice and support in implementing the directive and designing websites and digital services to be accessible. There are various offers, such as funding programs for financial support, that companies can use to implement accessibility. Frequently asked questions (FAQs) and information offers help companies clarify key questions about the law and receive practical assistance.
Manufacturers must adapt their development processes and incorporate accessibility from the start. Digital offerings, especially websites and apps, should be technically and stylistically revised to meet the requirements. This includes, among other things, improving user navigation, integrating assistive technologies, and displaying content accessibly.
Companies must also prepare and maintain appropriate documentation and evidence of the accessibility of their offerings. These must be made available to the competent authorities upon request. Collecting and implementing user feedback is also a requirement of the law, as affected parties have the right to point out barriers and request improvements.
Transitional Provisions in the BFSG
The BFSG provides transitional provisions: products placed on the market before June 28, 2025, may continue to be distributed until June 28, 2030, even if they do not comply with the new requirements. For new products and services, the law applies directly from the date of its entry into force. Violations of the statutory provisions carry the risk of fines and administrative actions. There is also the risk of reputational damage and legal disputes, such as lawsuits for discrimination.
BFSG: Requirements and Opportunities
The BFSG not only establishes new requirements for companies but also opens up opportunities: accessible products and services reach not only people with disabilities but also a growing target group of older users. The implementation of Directive (EU) 2019/882 forms the basis of the BFSG and integrates the requirements of the European Accessibility Act as a legal framework for accessibility requirements in national law. The Federal Accessibility Agency offers advice and support for companies wishing to make their digital offerings accessible. There are special offers, such as funding programs and financial support, that companies can use to implement accessibility. Frequently asked questions (FAQs) and information offers help company officials clarify key questions about implementation. As an economic operator, each company bears the responsibility under the BFSG to comply with the statutory requirements and ensure the accessibility of their products and services. Those who respond promptly to the new requirements improve not only their legal compliance but also the user-friendliness and reach of their offerings. Companies should adjust to the new regulations in good time, particularly since sanctions also threaten violations.
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Conclusion and Future
The Accessibility Enhancement Act marks a significant step towards improving the accessibility of products and services in Germany. It defines clear accessibility requirements and obliges all economic operators to design their offerings accordingly. The implementation of the BFSG presents many companies with new challenges but also offers opportunities to develop innovative and accessible products and services. In the future, the law will be further developed and adapted to the needs of people with disabilities to promote an inclusive society. Companies and organizations are well advised to familiarize themselves early on with the requirements of the BFSG and to take targeted measures to improve the accessibility of their products and services. By doing so, they not only contribute to social participation but also strengthen their position in the market.
