Since 28 June 2025, numerous products and services in Germany must meet the requirements of the Accessibility Enhancement Act (BFSG). The aim of this law is to give people with disabilities equal access to digital products and services. For e-commerce companies and digital service providers, among others, this means that accessibility is now not only a matter of good customer service, but also a legally binding obligation.
Some initial warnings indicate that the new requirements are already being enforced in practice. Not every warning will be justified, and not every party issuing a warning will actually be authorised to do so. However, it is indisputable that companies whose websites or digital services are not designed to be accessible are exposing themselves to increasing legal risks.
Legal background and objectives
The BFSG transposes EU Directive (EU) 2019/882 (European Accessibility Act, EAA) into national law. The Act defines the removal of barriers in the European single market as its objective and pursues the guiding principle of "design for all".
Who is affected?
The BFSG affects a large number of economic actors, as it relates to products and services. In the area of services, the BFSG particularly affects:
- providers of websites and mobile applications,
- e-commerce companies,
- providers of electronic communications services,
- banks and financial service providers offering online banking or apps, and
- providers of e-book services.
However, only companies that operate within the scope of application expressly defined in the law and provide their services to consumers are covered (Section 1(3) BFSG). Microenterprises in the service sector are exempt under certain conditions (Section 3(3) BFSG).
What does accessibility mean in practice?
The law does not specify the requirements in detail but refers to the BFSG Ordinance and technical standards such as the Web Content Accessibility Guidelines (WCAG 2.2) and the European standard EN 301 549. The standards can be broadly summarised according to the four principles of accessibility:
- Perceptible: Content must be accessible via at least two different sensory perceptions (e.g. alternative texts, subtitles).
- Operable: It must be possible to use the content without special skills (mouse, motor control) (e.g. full keyboard operability).
- Understandable: Information, structure, navigation and feedback on the website or app must be clear and comprehensible.
- Robust: Content must be accessible with common assistive software (screen readers, etc.).
For affected companies, accessibility is therefore an integral part of digital design, not just an add-on.
Which deadlines and transitional periods apply?
- Deadline: From 28 June 2025, all new and existing online services covered by the BFSG regulation must be designed to be accessible. There is no real transition period for existing websites. Exceptions may apply in accordance with Section 1(4) BFSG.
- Exceptions: Longer transition periods apply to certain product categories (such as self-service terminals) (Section 38(2) BFSG); however, there are no grace periods for websites – they must comply with the new requirements from the deadline onwards.
What are typical areas of implementation in e-commerce, websites and mobile apps?
Companies should implement the following in particular:
- alternative texts for images and graphics,
- colour and contrast design with minimum contrast ratios,
- comprehensible labels, logical tab order, clear error messages in forms,
- consistent navigation and menu guidance, no purely visual cues,
- control of websites and apps via alternative controls, e.g. keyboard instead of mouse,
- subtitles, audio descriptions, transcripts for multimedia content.
These points are some of the most common stumbling blocks in practice and correspond to the minimum requirements of the standards.
What applies regarding documentation and verification requirements?
The BFSG not only obliges companies to implement accessibility requirements, but also to produce an accessibility statement. There is no explicit, ongoing documentation requirement, but providers must be able to prove compliance with the requirements or the existence of exceptions (e.g. through test reports, self-disclosure, test protocols).
How is the BFSG classified under the Unfair Competition Act (UWG) and what are the implications of this classification?
Although the legislative materials do not provide any clarification on this point, violations of some of the accessibility requirements of the BSFG are likely to be considered violations of market conduct rules within the meaning of Section 3a of the Unfair Competition Act (UWG). In addition to official monitoring of compliance and possible fines of up to EUR 100,000, there is therefore a risk of warnings under competition law, in particular from competitors or qualified consumer associations within the meaning of the UWG.
This primarily involves injunctive relief, which may be sought in the context of interim legal protection and, in the event of continued violations, may also result in coercive measures.
The fact that there is a real risk of competition law warnings has been demonstrated by initial cases since the law came into force in the summer of 2025. However, it remains to be seen whether individual warnings are justified. Whether or not this is the case will depend on whether the specific allegation can be substantiated and proven by the party issuing the warning.
Summary
The Accessibility Enhancement Act sets new standards for digital offerings in Germany. Since June 2025, providers of electronic services and affected website operators have been legally obliged to ensure digital accessibility. Failure to act can result in severe sanctions and warnings. Those who adapt their offerings in good time and systematically document their compliance with the standards not only minimise their liability risk but also improve the user experience for everyone in the long term.
