New accessibility requirements: Affected companies must revise their websites by June

Digital accessibility is a central component of social inclusion. On July 16, 2021, the legislature had already implemented the law on the accessibility requirements for products and services (Accessibility Act - BFSG) as part of the national implementation of Directive (EU) 2019/882 on the accessibility requirements for products and services, albeit with a generous implementation period until June 28, 2025.

From this point on, the economic operators concerned must implement the obligations of the BFSG and those of the Ordinance on the Barrier-Free Living Act (BFSGV) in order to avoid fines of up to €100,000. The following is an overview of the scope of the law and the main content of the new requirements.

I. Scope

The aim of the BFSG is to ensure that products and services are accessible to consumers and users. This is intended to enable people with disabilities to participate fully in social life.

To this end, accessibility requirements are being established for products that are placed on the market after June 28, 2025, and for services that are provided to consumers after June 28, 2025.

These include, in particular, digital content such as websites, mobile applications and self-service terminals. The focus is on applications that are essential for consumers, such as telecommunications services, banking services and services in e-commerce and public transport.

For website operators, this means that as soon as a “service” is offered to the user on the website or platform in an economic sense, the scope of the BFSG is triggered, at least if it is not a micro-enterprise (see below). Examples of such “e-commerce services” include calendar functions on the website or a reservation service, an online ticket booking function or any other service involving interactive communication with the user. In such cases, it should be carefully examined whether the BFSG applies.

According to § 3 BFSG, products and services must be designed in such a way that they enable barrier-free access. For digital content, this is particularly ensured by the requirements for perceptibility, usability, comprehensibility and robustness. In this context, the legislator relies on the “state of the art”, which is regularly published by the Federal Accessibility Authority (§ 3 BFSGV).

The requirements must be implemented by the manufacturers (Sections 6, 7 BFSG), importers (Section 9 BFSG) and distributors (Section 11 BFSG) of the products concerned, as well as by the service providers (Section 14 BFSG).

The BFSG provides for partial exemptions for micro-enterprises that employ fewer than 10 people and have an annual turnover or an annual balance sheet total of no more than 2 million euros.

II. Requirements for products and services in accordance with the BFSGV

In accordance with §§ 4 ff. of the BFSG regulation, the relevant products must offer barrier-free information and operating options. This applies in particular to labels, instructions for use and warnings, which must be perceptible via several sensory channels. The information must be presented in a clearly understandable and visually adaptable way, for example, using appropriate font sizes, sufficient contrast and reader-friendly spacing. This applies both to the information on the product itself and to additional information provided online or through other channels.

In addition, specific requirements for the design of packaging and instructions must be observed. These must also contain accessible information, provided that this is possible due to the size or nature of the packaging. Information on the installation, maintenance or disposal of a product that cannot be provided directly on the product or packaging must be made available in accessible formats online or by other means.

Furthermore, the requirements for the design of user interfaces are of central importance. Products must be developed in such a way that they offer visual as well as auditory and tactile alternatives in order to meet a wide range of user needs. This includes features such as customizable contrast and brightness settings, flexible volume controls, and controls that do not require a high level of reach, strength, or fine motor skills. The aim is to enable all users to access and use the product, regardless of their individual limitations.

According to §§ 12 ff. BFSGV, there are also special requirements for services, especially if they are offered on digital platforms such as websites or mobile applications. Access to these platforms must be barrier-free, i.e. they must be designed to be perceivable, operable and understandable. This includes providing information about the accessibility features of the products used and their interoperability with assistive technologies. This information must be presented in accessible, adaptable formats that are easy for users to find and understand.

Furthermore, websites and mobile applications must comply with international accessibility standards, such as those defined in the Web Content Accessibility Guidelines (WCAG). Support services, such as help desks or call centers, are obliged to provide accessible contact options to ensure interaction with people with disabilities.

The exact implementation of the accessibility requirements is to be supported by the publication of standards and conformity tables by the Federal Accessibility Authority. Since this information has not yet been published, companies should use existing standards such as WCAG and adapt their processes at an early stage in order to be legally compliant in good time. It is essential to regularly review new information from the Federal Accessibility Authority.

III. Implementation obligations

Manufacturers, importers, distributors and service providers are obliged to ensure that products and services meet the requirements of the BFSG and the BFSGV.

1. Duties of manufacturers (Sections 6, 7 BFSG)

Manufacturers may only place a product on the market if it meets the accessibility requirements of the BFGV (see above). They are also obliged to create the technical documentation in accordance with Appendix 2 of the BFSG, to carry out a conformity assessment procedure, to issue an EU declaration of conformity (Section 18 BFSG) and to provide the product with a CE marking (Section 19 BFSG).

In the event of non-compliance, manufacturers must take immediate corrective action or recall the product. They are also obliged to inform the market surveillance authorities and to keep a register of complaints and non-compliant products.

Pursuant to Section 7 BSFG, manufacturers are also subject to special labeling and information requirements, which in turn are subject to the accessibility requirements of the BSFGV.

2.  Duties of importers and distributors (Sections 9, 11)

Importers and distributors are jointly responsible for ensuring that only products that meet the accessibility requirements are placed on the market or made available. Importers must ensure that the manufacturer has properly carried out the conformity assessment procedure, that the CE marking has been affixed and that the required technical documentation and instructions for use are available. Distributors, in turn, may only offer a product if these requirements are met and the necessary documents are enclosed.

Both parties are obliged not to market or offer products if they know or have reason to suspect that they are non-compliant until the deviations have been remedied. In such cases, they must immediately inform the manufacturer and the relevant market surveillance authorities. In addition, they are responsible for ensuring that storage and transport conditions do not affect the conformity of the products.

3. Duties of service providers (Section 14 BSFG)

Service providers (including operators of websites with online services) are also obliged under Section 14 BSFG to offer or provide their services only if they meet the accessibility requirements.

In addition, service providers are obliged to create comprehensive information on the accessibility of their services in accordance with Appendix 3 and to make this information available in a form that is accessible to the general public. This information must clearly and comprehensibly explain how the respective services meet the accessibility requirements. It is expected that the information will be published in a way that is easily perceptible and understandable for the user, for example in the general terms and conditions or in some other prominent way. This information must be kept for as long as the service is offered. Changes in accessibility requirements, in the way the service is provided or in the harmonized standards must be proactively taken into account to ensure continued compliance.

In the event of non-compliance, measures to restore compliance must be taken immediately.

In terms of timing, the following applies to operators of websites with online services: the content of websites and mobile applications that were put online before June 28, 2024 only need to be adapted in accordance with the new legal requirements if a subsequent update or revision is made (Section 1 BFSG). Archive pages are not included.

IV. Recommended actions

1. Inventory and planning: Companies should first identify affected products and services and then create an implementation plan with clear responsibilities and deadlines by June 28, 2025.
2. Accessible design: Product information, user interfaces, websites and mobile applications must be optimized according to accessibility requirements (e.g. WCAG standards).
3. Adaptation of terms and conditions: Service providers should revise their terms and conditions and other information intended for the public to clearly and comprehensibly explain how their services are designed to be accessible.
4. Continuous adaptation: The publication of new requirements from the Federal Accessibility Authority must be monitored and processes adapted if necessary.

V. Conclusion

The German Accessibility Strengthening Act (BFSG) and the associated ordinance (BFSGV) mark a significant step towards a more inclusive society in which digital and physical products and services are accessible to all. The deadline for implementing the extensive requirements is fast approaching: June 28, 2025. Companies need to address the challenges at an early stage to ensure that they not only comply with the law, but also open up their offerings to people with disabilities.