With the implementation of EU Directive 2019/882 through the Accessibility Reinforcement Act (BFSG), companies are faced with the task of making their digital products and services accessible. Binding requirements for websites will apply from June 28, 2025 – an important step towards inclusion, but also a legal obligation.
To shed light on the legal and practical issues surrounding the BFSG, we spoke to Sarah Köppen, a lawyer at Taylor Wessing in Hamburg. As an expert in IT and data protection law, she explains which companies are affected, how implementation is successful and what to pay particular attention to when complying with legal requirements.
We have answered these questions for you:
- Which companies are affected by the BFSG?
- Do I need a software solution for accessibility?
- Is there a kind of TÜV for testing software?
- Is there a set of rules for the requirements for my website?
- Which WCAG level is acceptable?
- Will the accessibility declaration save me from a warning?
- Do I need a lawyer for the accessibility check?
- How does a warning letter work?
- Are we in for a wave of warnings?
Who is affected by the BFSG?
The Accessibility Improvement Act affects all companies that fall under its scope of application. The Act distinguishes between products and services. Of particular relevance is the area of services, which also includes websites if they are used to offer e-commerce services. Examples include e-commerce platforms on which products are sold or online booking systems such as those used by hairdressing salons to make appointments. Such websites must meet the requirements of the BFSG if they enable consumers to conclude contracts.
Difference between B2C and B2B: How do you differentiate your website?
The BFSG is clearly aimed at companies that offer services to consumers, which means that the B2B sector is generally excluded. Nevertheless, you should make sure that your website is clearly aimed at business customers in order to avoid misunderstandings. If you give the impression that your website is also aimed at consumers – be it through language, design or content – legal problems could arise, as strict regulations apply, for example regarding the right of withdrawal.
A pop-up that limits the user group is a possible solution, but the overall image of the website is crucial. If your services are obviously designed for businesses and are presented accordingly, this will usually suffice.
Particularly important: Even a single contract concluded with a consumer can be sufficient to bring you within the scope of the BFSG. This also applies to preparatory actions that potentially affect consumers. To minimize this risk, a careful review and adaptation of your website is essential.
Implementing accessibility: Software tools or internal solutions?
If you discover that your website falls under the BFSG, you will probably quickly come across numerous providers of software tools that promise support with accessibility. But is the use of such tools really always necessary? The answer depends on your resources.
Internal implementation is certainly possible, but requires that you have the necessary capacity and legal expertise to implement the requirements of the BFSG correctly. Software tools can be a practical alternative, but caution is advised here: Not every tool meets the legal requirements. Simple functions such as font size adjustment or contrast optimization are a step forward, but are often not enough to be fully compliant.
When selecting tools, make sure that they meet the relevant standards, such as the WCAG guidelines. This is the only way to ensure that your adaptations comply with legal requirements and minimize potential legal risks.
Is there a kind of "TÜV" for accessibility software?
There is currently no official “TÜV” for accessibility software. Instead, the Web Content Accessibility Guidelines (WCAG) serve as an internationally recognized standard. These guidelines, which were last updated in December 2024, provide clear specifications that companies and software providers should adhere to.
If a provider commits to working according to WCAG, this is a good indication that their solutions are based on a solid European standard. Nevertheless, you should keep an eye on the big picture: In addition to the technical implementation, the provider’s expertise and experience in this area also counts. This is the only way to ensure that the software used meets the requirements of the BFSG.
Accessibility standards: Which level is right for you?
1 WCAG levels A, AA and AAA: What do they mean?
The Web Content Accessibility Guidelines (WCAG) define the standards for accessibility and distinguish between three levels:
- Level AAA: Highest requirements that are only relevant for special target groups such as people with disabilities. For example, videos must not only have subtitles but also sign language.
- Level AA: The recommended standard for companies to make websites accessible to the majority of users.
- Level A: Basic requirements that guarantee minimum accessibility.
2. what requirements apply to you?
- For most companies: Achieving Level AA is mandatory for most companies and sufficient to meet the legal requirements.
- For specialized service providers: If your company provides services specifically for people with disabilities, you must meet the requirements of Level AAA.
3. exceptions for micro-enterprises
Micro-enterprises are exempt from the requirements of the BFSG under certain conditions. This exemption applies if both of the following points apply:
1. less than 10 employees
The company has a maximum of 9 employees, regardless of whether they work part-time or full-time.
2. annual turnover under 2 million euros
The company's annual turnover must not exceed 2 million euros.
The exception only applies to services, such as websites for e-commerce or online appointment booking. If your company meets these two criteria, you do not have to comply with the BFSG requirements for services.
However, products that fall under the BFSG must be accessible regardless of the size of the company. There are no exceptions here.
As soon as your company either has more than 9 employees or generates over 2 million euros in turnover, the legal requirements apply in full. It is therefore important to regularly check whether you still fall under the exemption.
Where can you find the requirements for accessible websites?
If you want to find out what requirements the BFSG places on your website, there are several places to go:
1. the law and the associated ordinance
It is worth taking a first look at the Barrier-Free Accessibility Reinforcement Act (BFSG) and the associated ordinance. These contain specific requirements that apply to companies, particularly with regard to websites. However, the regulations are often difficult to understand and not always detailed enough.
2. web content accessibility guidelines (WCAG)
In order to better implement the legal requirements, it is advisable to refer to the internationally recognized WCAG guidelines. These provide a binding standard for accessibility and are a valuable guide.
3. guides and official resources
The Federal Ministry of Labor and Social Affairs offers a guide that you can use to check whether your company falls under the BFSG. There is also helpful information on the website of the Federal Accessibility Agency, which also offers webinars on topics such as accessibility in e-commerce.
The accessibility statement: an important obligation, but not a protective shield
The accessibility declaration is a central component of the BFSG, but does not offer any protection against warnings – on the contrary. It serves to clearly and transparently present how you are implementing the requirements of the BFSG. This means that you must specifically describe the measures you have taken to make your website or service accessible.
Why the accessibility statement is important:
It is not enough to simply publish the accessibility statement. It must be correct and complete in terms of content. Otherwise, you risk a warning letter.
Two possible warning procedures under the BFSG:
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Missing accessibility statement:
If you do not provide an accessibility statement on your website, the competent authority may initiate proceedings against you. -
Unfulfilled requirements:
Even with a published declaration, you can be warned if your website does not comply with the legal requirements. It is therefore not enough to simply announce measures – they must actually be implemented.
Do you need a lawyer to check accessibility?
If you have made your website accessible with software and checked it with tools such as WAVE, the question arises as to whether an additional legal check is necessary. This depends on your confidence in dealing with the requirements of the BFSG.
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Legal examination by a lawyer: A lawyer with expertise in the BFSG can provide valuable support, especially if you are unsure whether your company falls under the law at all. Legal advice is also helpful when integrating the accessibility statement or making changes to the terms and conditions in order to minimize legal risks.
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Check technical implementation independently: If you are familiar with the scope of the BFSG and have the technical expertise, you can also check accessibility yourself. An additional legal review is not absolutely necessary in this case, but it does reduce the risk.
Testing institutions: An alternative?
More and more institutions are offering accessibility tests. It is important that these providers work according to the WCAG standards and take European requirements into account. This is the only way to ensure that the result meets the requirements of the BFSG. Therefore, check carefully whether the institution is competent and reputable before using its services.
What to do if a warning is issued despite implementation?
Despite your best efforts, your website may not fully comply with the requirements of the BFSG and you may receive a warning. Such a procedure takes place in three stages:
The three-stage warning procedure
1. initial inspection by the authority
The authority takes action, either through random checks or on the basis of information from third parties, e.g. affected persons. The first step is to check whether the website meets the requirements of the BFSG. If the authority finds deficiencies, you will receive a notice requesting you to make the website accessible. Hearing period: You have at least 10 days to respond and make adjustments.
2. second warning in case of inactivity
If no measures are taken to rectify the deficiencies, a second request is issued. The authority can set a new deadline to fulfill the requirements.
3. final consequence: notification and prohibition
If this deadline also expires, the authority has the right to issue a decision and prohibit the provision of the service. This can have serious consequences for your company.
Do I need a lawyer right from the start?
It is not absolutely necessary to consult a lawyer immediately. However, a lawyer can provide valuable support, especially if it is unclear whether the notice is legally correct, the requirements are worded ambiguously or you do not have your own expertise. They will check the legality of the notice and help you take the necessary steps to become compliant.
Could the BFSG lead to a wave of warnings?
The concern that the BFSG, like the GDPR, could trigger a wave of warning letters is obvious. In particular, the example of warnings about Google Fonts has shown how legal gray areas can be exploited by individuals or law firms. However, the potential for the FSIA is limited.
Why the BFSG appears less risky:
- Limited fines: Unlike the GDPR, where fines are dependent on turnover, the BFSG has a maximum limit of €100,000. This makes it less attractive for mass warnings.
- Clearer responsibilities: Proceedings are usually conducted by the competent authorities, which respond to complaints or carry out spot checks.
Direct warnings from third parties?
It is currently being discussed whether infringements of the BFSG could also be warned directly by competitors or third parties – for example as part of an infringement of competition law. If this is legally possible, it could change the dynamics of warnings.
What Ms. Köppen says about the BFSG
The Barrierefreiheitsstärkungsgesetz (BFSG) is a decisive step towards inclusion and creates new opportunities – both for people with disabilities and for other user groups. It aims to facilitate access to digital services and products, which can be particularly helpful for older people or less tech-savvy users.
For companies, the BFSG is not only an obligation, but also an opportunity:
- Expansion of the customer base: Accessible offers reach a larger target group.
- SEO benefits: Search engines reward accessible websites with better rankings, which increases visibility.
Of course, implementation requires investment, but this can pay off in the long term through greater reach and improved competitiveness.
Legal support for the BFSG and more
If you have any questions about the BFSG or other legal issues relating to data protection and IT law, please contact Sarah Köppen . With her expertise, she supports companies in the implementation of legal requirements and the legal review of their digital offerings. She specializes in finding practical solutions – whether for the BFSG or other complex legal issues.