The German Accessibility Improvement Act (BFSG)

BFSG: Improving accessibility in the digital B2C sector.

The BFSG applies to all market players whose products and services are aimed at consumers.  Only small businesses with less than ten employees and no more than €2 million in annual sales are exempt from the BFSG. Also, the BFSF does not apply in the B2B business field.

The scope of application is broad and the exceptions small

Not only products that enable access to the Internet – including their operating systems – and thus have a digital connection, but also websites and apps offering goods and services must meet the accessibility requirements by 28 June 2025. However, the BFSG does not apply to the service or product itself.

Accessibility must be guaranteed from the “shopping cart option” to the completion of the check-out (including the payment process). Wherever the customer is a consumer, the BFSG applies, regardless of the goods or services offered. The associated sign-up pages, support pages, terms and conditions, imprints, legal notices and privacy policies are covered as well.

While there are still a lot of questions on the scope of application unanswered, especially in cases of payment with personal data, it is to be assumed that all types of payments are covered. However, there is an exception for advertisements without purchase options and blogs, basically everything that does not directly lead to a consumer contract conclusion.

Accessibility obligations

If a company is subject to the BFSG, their websites and mobile applications must be designed so that people with disabilities can find, access and use them without assistance. In general, there should be at least two modes of operation for two of the three senses (sight, hearing, touch).

Furthermore, the Company is obliged to prepare and document information on how the accessibility requirements are met and make this information available to the public – barrier-free of course. Whether and to what extent the product or service offered is covered by the BFSG and which website/application is to be made accessible will be clarified on a case-by-case basis in court actions. Therefore, the better safe than sorry principle applies, as courts are usually more consumer friendly.

Warning letters and sanctions

In the event of a violation of the BFSG requirements, a company can expect measures to be taken against it by several sides.

Sanctions can be imposed by the “Market Surveillance of the Federal States for the Accessibility of Products and Services” (MLBPD) as the competent market surveillance authority, the MLBPD checks the accessibility of the products and services covered by the BFSG on a random basis and based on complaints.

In the event that a violation is identified, the company is initially requested to comply with the requirements of the BFSG. Failure to comply with this directive can result in penalties amounting to a maximum of €100,000. The provision of the product or service in question may be prohibited as a result of failure of cooperation with the authority.

Moreover, consumer and competition associations are empowered to initiate legal action in instances of infringement, including the issuance of warning letters.

The BFSG offers both the opportunity for companies to enhance their customer base, but also provides many challenges, in particular, how the digital space should be designed in the future so that people with disabilities can participate in an equal way. Now is the time for companies to assess whether the BFSG applies to their services and carry out implementation measures as required as swiftly as possible.