Accessibility Strengthening Act (BFSG)

Information on the Accessibility Strengthening Act (BFSG)

The Accessibility Strengthening Act (BFSG), which entered into force on May 28, 2025, is the national implementation of European Directive (EU) 2019/882 on accessibility (European Accessibility Act) (EAA).

Scope of Regulation:

Through targeted measures, all manufacturers and providers of goods and services shall ensure the participation of people with disabilities in digital life and work, insofar as they involve points of contact with consumers.

Manufacturers and providers may only place their products and services on the market or offer them if they meet the accessibility requirements. If dealers have reason to believe that a product does not meet the accessibility requirements according to legal provisions, it may not be distributed.

Exemptions:

– according to Section 3 para. 3 in conjunction with Section 2 No. 17 BFSG for micro-enterprises that provide services, with fewer than 10 employees and an annual turnover of a maximum of €2 million. This exemption explicitly does not apply to micro-enterprises that manufacture products.

– Furthermore, according to Section 16 para. 1 BFSG, the Act does not apply if the accessibility requirements necessitate a fundamental alteration to the essential characteristics of the product or service. This applies in particular to time-based content before May 28, 2025; these are explicitly not photos. The assessment is incumbent upon the market participant. The documentation must be submitted without delay to the market surveillance authority.

– according to Section 17 BFSG, if the implementation or compliance with the BFSG leads to a disproportionate burden on the market participant concerned. For criteria, see Annex 4 (to Sections 17, 21 and 28 BFSG)

Criteria for the Accessibility of a Product or a Service

1. Perceptibility – Information and user interfaces independent of perceptual ability (e.g., font size, read-aloud function, distinct visual cues, sign language)
2. Operability – various interaction options (e.g., graphical symbols, distinct visual and/or auditory cues)
3. Understandability – clear and simple presentation (simple symbols, plain language)
4. Robustness – Compatibility (e.g., ease of use)

Documentation Obligations

According to Section 18 BFSG, implementations must be documented through a conformity assessment procedure and a declaration of conformity according to Annex 2 (to Sections 6, 9, 18 and 19 BFSG).

The declaration of conformity, to be updated annually (retention period 5 years, must be submitted to authorities (especially market surveillance authorities) upon request).
The declaration must contain a contact address for the competent authority and a feedback option.

A template for the declaration of accessibility is provided online by the individual federal states. e.g., for Hesse: https://lbit.hessen.de/oeffentliche-stellen/anforderungen-an-webseiten-und-apps/erklaerung-zur-barrierefreiheit

Marking Obligations

Manufacturers of products must, for example, affix a product, type, or serial number, as well as the name, address, and CE marking (according to Section 19 BFSG); in addition, an understandable instruction manual along with safety information must be enclosed.

Dealers must affix a CE marking (according to Section 19 BFSG) and may only distribute products if the marking obligations of the manufacturer or importer have been fulfilled.

Service providers must, according to Annex 3 (to Sections 14 and 28 BFSG), clarify in their General Terms and Conditions how their service meets the accessibility requirements. The following information must be provided in an accessible manner:
• a description of the service and
• a description of how the service functions

Violations may Result in Warning Letters and Fines.

According to Section 28 BFSG, compliance with the requirements of the BFSG is monitored by the uniform market surveillance authority yet to be established. The authority will also act to ensure conformity with the accessibility requirements, insofar as a product does not comply with the requirements.

Affected consumers can, according to Section 32 BFSG, themselves or through a registered consumer association (according to Section 3 para. 1 No. 1 Injunctions Act) contact the market surveillance authority responsible for their federal state regarding a violation.
Also according to Section 15 para. 3 Disability Equality Act, recognized associations and institutions are independently entitled to this right.

Competitors and qualified business associations can also, according to Section 3 para. 1 No. 2 Injunctions Act, assert a claim for injunctive relief along with a claim for damages in case of a violation.

If the accessibility requirements are not met despite a request from the market surveillance authority, the latter can order that the affected product or service be restricted, recalled, or discontinued.
According to Section 37 para. 2 BFSG, violations may result in fines of up to €100,000.