The new German Accessibility Reinforcement Act “Barrierefreiheitsstärkungsgesetz” (BFSG) - How will this affect website operators?

On June 28, 2025, the new German Barrierefreiheitsstärkungsgesetz (BFSG) comes into force in Germany and obliges many companies to make their digital products and services accessible. The German law is based on the European Accessibility Act (EAA) from 2019.

Digital accessibility means that websites, apps and other digital content must be designed in such a way that they can be used equally by everyone without difficulty - including people with disabilities.

Online accessibility is not a new topic in Germany - the Barrier-free Information Technology Ordinance “Barrierefreie-Informationstechnik-Verordnung” (BITV) has been in force for many years. Public bodies have long been required to make their websites and apps accessible.

The BFSG now extends this requirement to significantly more players: In addition to providers of certain products and services, the provisions of the BFSG also affect providers of so-called “services in electronic commerce”, insofar as these are aimed at consumers. This refers to services that are offered via websites or apps and are “provided with a view to concluding a consumer contract.” These services - i.e. any traditional web shop or website with online bookings - must be accessible from June 2025 in accordance with Section 3 (1) BFSG.

Micro-enterprises with fewer than ten employees and an annual turnover or balance sheet total of less than EUR 2 million are exempt from the obligation to provide accessible products and services.

Non-compliance with the BFSG can result in market surveillance measures and fines. In this respect, it is essential for providers of digital services to clarify whether they fall within the scope of the BFSG and what new obligations apply to them.

Practical questions: What web shop operators have to do

Companies need to make their websites, apps, payment systems and other digital products and services accessible. What this means in practice is set out in the BFSG Ordinance (BFSGV). Neither the BFSG nor the BFSGV regulate how exactly accessibility is to be implemented - they only regulate the result, i.e. how the website must be structured so that it is accessible, and which functions must be guaranteed. For providers of e-commerce services, the accessibility requirements are set out in sections 12 and 19 BFSGV, the EU standard EN 301 549 and the Web Content Accessibility Guidelines (WCAG).

For example, digital content needs to be effortlessly understandable and easily accessible through the use of clear language and a clearly structured outlines. Furthermore, user interfaces must be intuitive to use and allow the use of aids. Audio media needs to be provided with subtitles, and design elements such as buttons, forms and links need to be clearly recognizable.

In addition, websites must provide a publicly available accessibility statement that contains information on compatibility with accessibility requirements.

Are editorial pages with purely informative content also affected by the BFSG?

No. The website or at least parts of it must be aimed at the conclusion of a consumer contract.

General content (e.g. news or advice) is only affected if it is part of the digital service. In the case of purely informative subpages, a distinction must therefore be made as to whether the information is provided in direct connection with an online store and thus the possibility of concluding a contract. This is because the provision of information as an indirect “intermediate step” to the conclusion of a contract by the consumer with the option to purchase products also available on the website is likely to be covered by the scope of application of the BFSG according to the interpretation of the definition in Section 2 No. 26 BFSG.

Are B2B online stores also affected?

B2B online stores are not affected by BFSG, it does not have to be accessible.

Do appointment booking tools, career websites and contact forms play a role on the website?

According to the official guidelines of the BMAS, an appointment booking tool on the website constitutes a “service in electronic commerce”.

If the wording of Section 2 No. 26 BFSG is interpreted strictly, the BFSG should also cover inquiry forms or contact forms if they are provided electronically “with a view to concluding a consumer contract”. In other words: provided that the contact is in any case related to the pre-contractual phase, the applicability of the BFSG is to be assumed.

In the case of application forms, on the other hand, there is likely to be no link to the conclusion of a consumer contract within the meaning of the BFSG. The BFSG does not provide a definition of the term “consumer” in its legal text. However, the BFSG uses the term “consumer” primarily for digital services and online offers to end users, i.e. for offers that are available to the general public. Such an offer is probably not given in the case of an application form. If companies do not want to “take their chances” with this potential uncertainty and the possibility exists, the career page could also be outsourced to a separate URL and made accessible there; because regardless of the (still quite unclear) legal requirements, it should be considered whether applicants should not be addressed in an accessible manner anyway.

Does the entire website have to be designed to be accessible if only one part of the website falls within the scope of the BFSG?

The question cannot be answered clearly by the law and the ordinance. However, in view of the meaning and purpose of the legal basis, it can be assumed that the accessibility requirement must apply to the entire website. The BFSG applies to websites offering goods to consumers and bookings and payments (see the explanatory memorandum to the BFSG, p. 65). Only if certain areas are clearly separated (e.g. in the form of a separate URL) can it be argued against this background that only the separated area must be accessible.

Are there exceptions for content on websites that does not have to be accessible?

Yes, Section 1 (4) BFSG defines certain content on websites and mobile applications that does not have to be accessible. Exceptions include recorded time-based media and file formats of office applications published before June 28, 2025, online maps and map services and third-party content that is neither financed nor developed by the relevant economic operator nor under its control. However, this does not include embedded videos or advertising, insofar as the website operator has influence over these. An embedded YouTube video must therefore also be accessible on a website subject to the BFSG.

What should be done if the conversion to an accessible website takes longer than the end of June 2025?

The BFSG provides for a graduated procedure in the event of non-compliance - first a request with a hearing, then a further request and later fines if necessary. In individual cases, it is therefore probably feasible to point out in the accessibility statement if the website (or parts of it) are not accessible yet because the conversion is in progress. If this indicates that the implementation of accessibility is taking place promptly, the market surveillance authority can exercise its discretion and, if necessary, refrain from taking further steps.

What are the transitional provisions of Section 38 BFSG all about?

The accessibility requirements apply to all products and services that are placed on the market from June 28, 2025. This means that new websites must be directly accessible from June 28, 2025, and all existing websites must be adapted by then. There is only a grace period for certain products and ongoing services - not for online stores.

For example, manufacturers of products such as e-book readers that were already in use before June 28, 2025, and contracts for services have a grace period until 2030. For these, no adjustments need to be made during the term of the contract, but no later than June 27, 2030, provided they were concluded before June 28, 2025.

What rules must be observed for colors and contrasts on the website?

The BFSG is based on the EAA and refers to EN 301 549 and the Web Content Accessibility Guidelines (WCAG) as the standard. The so-called A and AA standards of WCAG 2.1 are mandatory for the implementation of accessibility according to the BFSG. The AAA standard can be implemented voluntarily.

According to the WCAG, there are the following relevant criteria regarding contrast and color:

• Color shall not be used as the sole visual means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.

• The visual presentation of text and text images has a contrast ratio of at least 4.5:1 with certain exceptions (large text, incidental text or logos).

• The visual representation of user interface components and graphic objects must have a contrast ratio of at least 3:1 to adjacent colors.

If the entire website is not designed to be accessible from ground, the requirements can also be implemented via a button for “accessibility mode”, for which there are already commercial providers, similar to cookie banners.

Does an accessibility statement have to be linked on every website?

Yes, if the website is subject to the BFSG, the accessibility statement must be linked in the footer or menu of the website, similar to the legal notice or privacy policy. The accessibility statement itself must be accessible.

What content is mandatory for the accessibility statement?

In addition to a general service description, the accessibility statement contains a statement on the status of compatibility with the accessibility requirements. If the website is not completely accessible, the accessible content is listed with the reasons why the content is not accessible. The accessibility statement also contains the contact details of the website operator and information on the enforcement procedure and the market surveillance authority. The requirements for the accessibility declaration are set out in Annex 3 No. 1 of the BFSG.

How should existing legal uncertainties be dealt with?

So far, there have only been a few official statements on the BFSG and the wording of the laws is not always clear. Against this background, it has become even more important to document your own business decisions on how to deal with the legal scope for interpretation and to react to further or new developments.