German Accessibility Improvement Act (BFSG) – New obligations for digital products and services

The German Accessibility Improvement Act (BFSG) has been in force in Germany since June 28, 2025. The law implements EU Directive 2019/882 and aims to enable people with disabilities to participate equally in economic life. For many companies, this means that certain products and digital services must be accessible in future.

Who must comply with the new obligations?

The BFSG is aimed at manufacturers, retailers and importers of certain products as well as providers of certain services to consumers. This includes in particular:

1. Products:

• Hardware systems for consumers (e.g. computers, tablets, smartphones)
• Self-service terminals such as ATMs or ticket machines
• Consumer terminals such as routers and smart TVs
• e-book readers
• Operating instructions for the corresponding products

2. Digital Services:

• Telecommunication services (e.g. internet access, e-mail, VoIP)
• Passenger transportation by air, bus, rail and ship
• Banking services for consumers
• E-books and related software
• Electronic commerce services

“E-commerce services” as a central buzzword

“E-commerce services” are particularly relevant in practice. The BFSG defines these as
“digital services… that are offered via websites and applications on mobile devices and are provided electronically and at the individual request of a consumer with a view to concluding a consumer contract.“

E-commerce and online stores as a practical example

This primarily affects traditional e-commerce and online stores, provided they enable consumers to place orders. The ordering process and therefore those parts of the website that are aimed at concluding a contract must be accessible. This also includes pre- and post-contractual information such as general terms and conditions, order confirmations and revocation instructions. In principle, the more closely the information is linked to the conclusion of the contract, the more likely it is that the BFSG requirements will apply. Additional information and content that is not related to the ordering process does not have to be accessible.

Accessibility regulations for other websites and apps

However, other websites and apps may also be subject to the accessibility regulations if they offer services that are provided at the individual request of a consumer and with a view to concluding a consumer contract. Depending on the design, this may include, for example

• Online booking of appointments (e.g. hairdressing appointments, table reservations in restaurants or consultation appointments)
• Online booking of webinars
• Online advice via the website (e.g. via chat, video call or chatbot)
• Travel inquiries with specific details of the destination, time period
• Product configurators (if linked to quotations)
• Online application tools for employee recruitment

Obligation also for the integration of third-party tools

The accessibility obligation also applies to the website provider if third-party tools (e.g. for making appointments) are integrated into their own website.

Ultimately, it remains to be seen how far the term “with regard to the conclusion of a consumer contract” will be interpreted.

Pure information services such as general advertising, the provision of brochures or newsletters, on the other hand, are not covered by the provisions of the BFSG, as these services are not provided “at the individual request of a consumer“.

Whether free services are also covered has not yet been fully clarified, but is likely in view of the fact that the consumer contract regulated in Section 310 of the German Civil Code (BGB) does not require a paid service.

Exceptions provided for various areas

Not every company is obliged to implement the requirements in full. For example, the BFSG only applies in relation to consumers and not to B2B offers. The law also provides for the following exceptions, among others:

• Microenterprises (Section 3 (3) BFSG)
  Services within the meaning of the BFSG do not have to be barrier-free if the company has fewer than 10 employees and an annual turnover of no more than EUR 2 million. It should be noted that these exceptions only apply to service providers, not to manufacturers of products.
• Time-based content (Annex 4, No. 1 BFSGV)
  Videos and audio content published before June 28, 2025, provided they have remained unchanged since then. Images, on the other hand, are not covered by this, as they are not “time-based content”.

Special exception – cases of disproportionate burden (Section 17 BFSG)

Companies can invoke an exception if the implementation of accessibility would represent a disproportionate organizational or financial burden. Criteria include costs, type and size of the company. However, there are currently still many questions of interpretation (see also Koschnitzki “Exception of disproportionality of the Accessibility Reinforcement Act using the example of online trading” in VuR 21025,178).

What are the accessibility requirements?

Products and services are barrier-free if they can be “found, accessed and used in a generally customary manner, without particular difficulty and generally without outside assistance” in accordance with Section 3 (1) BFSG.

Further details are regulated by the Ordinance on the Implementation of the Accessibility Reinforcement Act (BFSGV), which was issued on the basis of Section 19 BFSG and supplements and specifies the BFSG, particularly with regard to technical implementation. In addition, the international guidelines for accessible content of the “Web Content Accessibility Guidelines (WCAG 2.1)” are used, whose conformity level AA should be fulfilled.

Basic principles of accessibility

Accessibility is therefore based on four basic principles:

• Perceivability (e.g. alternative texts for images, subtitles for videos)
• Usability (e.g. keyboard control, sufficient interaction time)
• Comprehensibility (clear language, consistent navigation)
• Robustness (compatibility with different devices and assistance technologies)

Companies must also publish an accessibility statement. This describes the current status of implementation, lists existing barriers and offers contact and feedback options. The declaration must be updated at least once a year and placed on the website so that it is easy to find.

Significant consequences for violations – official fines

The BFSG provides for a graduated remedial procedure to penalize violations of the accessibility requirements. In the event of non-conformity, a request is made to establish conformity. If the economic operator does not comply with this request, fines of up to EUR 100,000 can be imposed. In serious cases, the provision of the affected product or service may even be prohibited.

In future, compliance will be monitored by the central market surveillance body of the federal states for the accessibility of products and services (MLBF) based in Magdeburg. However, the authority has not yet started its work (as of August 2025), as not all federal states have ratified the relevant treaty.

Possibility of warnings for competitors and associations planned

In addition to fines, competitors and associations such as the Wettbewerbszentrale can also issue warnings for violations of the BFSG. This is because it can be assumed that the provisions of the BFSG are so-called market conduct rules within the meaning of Section 3a UWG (see also Nick/Heuser “Wettbewerbsrechtliche Herausforderungen aus dem Barrierefreiheitsstärkungsgesetz, GRUR-Prax 2024,803).

The first warnings are already in circulation, and a client of our law firm has also received a competition law warning from CLAIM Rechtsanwälte GmbH due to an alleged infringement of the BFSG and has been requested to cease and desist and to pay legal fees from an amount in dispute of € 10,000. However, we believe there is a good chance that these claims will be successfully rejected.

Conclusion: Accessibility as an obligation and added value

The BFSG brings new legal obligations that companies should not underestimate. Those who act early not only reduce legal risks, but also create real added value: accessibility opens up products and services to a larger user group – and strengthens consumer confidence.