The BFSG is coming - are you ready?
Every year, the EU comes up with something new for website operators to implement. This time it’s about the participation of people with disabilities. The associated law is called the “Barrierefreiheitsstärkungsgesetz” (BFSG) and applies to our interests from June 28, 2025, so we still have nine months to become compliant. We at Leadpeak have had this topic on our radar for some time and are publishing a five-part series over the next five months to educate and prepare you step by step so that you don’t end up having to rush.
The Accessibility Reinforcement Act (BFSG) comes into force on June 28, 2025 and affects numerous website operators. This law promotes the participation of people with disabilities and places new requirements on the accessibility of websites. Now is the perfect time to prepare, as there is less than a year left to meet the requirements.
Check now whether you fall under the regulation
You are affected by the Accessibility Reinforcement Act if:
without exemption
you provide banking services, transport people or offer media services. There are no exemptions in these cases.
with exemption
you are engaged in online trading (e.g. have an online store), online appointments can be booked on your website or you have forms for inquiries. In this case, however, an exemption could apply if you are dealing with products that are not covered by the BFSG (products covered by the BFSG are listed below). These criteria must apply to your company for the exemption to apply:
- Less than ten employees,
- an annual turnover of less than 2 million euros or
- an annual balance sheet total of less than 2 million euros.
exclude SME regulation
These products are excluded from the micro-enterprise scheme (SME scheme). If you manufacture or trade them, you must take care of the BFSG:
- Computers, notebooks, tablets, smartphones, cell phones
- Televisions with Internet access
- E-book readers
- Vending machines with interactive elements, in particular ATMs, ticket machines and check-in machines
- Router
Your next steps: How to prepare for the BFSG
If you are affected, which is usually the case if you do not fall under the microenterprise regulation, you should first register in this survey. We gather a group together and can pass on time-relevant information that is of no interest to those not affected. We can also negotiate a group discount with lawyers if several new clients contact us about the same matter.
So that we have you on our radar, please register here:
Accessibility is measured in levels A to AAA. Which of these levels represents the lower limit is not yet known and is determined by the courts.
The test for the BITV 20 standard is a good reference point. It has been in use for years and is widely recognized. If it is fully compliant, accessibility is certified by AA. The test must be carried out by an expert. This website helps you to prepare for the audit
What are the penalties for violating the BFSG?
If you are checked and a violation is found, this is an administrative offense that can be punished with a fine of up to €100,000.
This maximum amount will certainly not be applied to SMEs. The actual penalties will be significantly lower. We also assume that the provisions of the Act to Strengthen Fair Competition (also known as the “Anti-Warning Act”) will be extended to include accessibility. This means that the party issuing the warning must first inform you of the infringement you have committed and set you a deadline. However, it is not certain that this extension will happen!
That’s why we think it’s a mistake to completely dispense with accessibility and only take action when requested to do so. We are familiar with these warnings from the data protection sector, where 7 days is a standard deadline. Many tasks have to be carried out by expert third parties like us. We, as well as our colleagues in other agencies, do not always have staff on call to complete larger tasks in a short space of time. It is better if you keep your site basically accessible and only have to fix minor issues when requested.
Summarized here again:
Contributors: Teresa Scholze, Khristina Zelig
