Digital accessibility: What companies have to consider since June 28, 2025

Since June 28, 2025, new mandatory accessibility requirements for certain products and services have been in force in Germany. The legal basis is the Accessibility Reinforcement Act (BFSG), which was passed in 2021 to implement EU Directive 2019/882 and is flanked by the Ordinance on the Implementation of the BFSG (BFSGV) (we reported). Now that the transitional period has expired, compliance with the obligations set out therein is mandatory.

The law particularly affects digital offerings such as websites, mobile applications and self-service terminals, but also certain physical products that are newly placed on the market. Companies must now check whether their products or services, and in particular their websites, fall under the scope of the law.

The following article provides an overview of the legal regulations, their scope of application and shows what steps companies should take now to comply with the requirements.

I. Scope of application

The BFSG applies to certain products and services if they are made available or provided on the market for the first time on or after June 28, 2025. The affected product and service categories are listed exhaustively in Section 1 (2) and (3) BFSG. Companies whose offers do not fall under this list are exempt from the legal requirements. However, voluntary barrier-free design remains possible.

The products covered include telecommunications terminals, e-book readers, bank terminals and self-service systems. In terms of services, digital offerings are particularly affected, such as telecommunications and banking services, electronic ticket bookings, e-commerce and certain transport services.

The law is particularly relevant for companies that offer e-commerce services. This refers to digital services that are provided via websites or mobile applications at the individual request of a consumer, such as ordering, booking or payment functions. Even simple elements such as an online appointment scheduling system can result in a company falling under the requirements of the BFSG and having to implement them on its website or app.

For micro-enterprises that employ fewer than 10 people and whose annual turnover or balance sheet total does not exceed EUR 2 million, an exception only applies in the area of services. Micro-enterprises that manufacture or distribute the products concerned must, however, meet the requirements regardless of their size.

The guidelines published by the Federal Ministry of Labor and Social Affairs provide assistance in checking whether an offer falls under the law. These explain the categories concerned on the basis of specific case studies and provide practical advice on how to differentiate between them.

II. Requirements for products and services

The requirements arising from the BFSG and the associated ordinance are aimed at companies that manufacture or sell certain products or provide corresponding services. The aim is to ensure that people with disabilities can access and use these products and services in the same way as other consumers.

1. Requirements for products

Products that fall under the BFSG and are placed on the market after June 28, 2025 must be designed in such a way that they are accessible and usable for people with disabilities.

The requirements concern, among other things, the way in which information about the product is presented (§ 4 BFSGV). Information such as operating instructions, safety instructions or labeling must not only be formulated in an understandable way, but must also be able to be perceived via several sensory channels. This means, for example, that a purely visual display must be supplemented by additional auditory or tactile elements. In addition, content must be individually adaptable as far as technically feasible, for example in terms of font size, contrast or layout structure.

Packaging and other product components are also subject to certain design requirements (Section 5 BFSGV) if they contain information that is necessary for use. If such information cannot be placed directly on the product or packaging for reasons of space or material, it must be made available in an accessible form by alternative means, such as online.

Another key element is the design of user interfaces (Section 6 BFSGV). These must be designed in such a way that they can be operated regardless of visual, auditory or motor impairments. The legislator explicitly mentions requirements for contrast, brightness settings, ease of use without effort and compatibility with aids such as screen readers or Braille displays.

Manufacturers are primarily responsible for implementation. They must ensure that all legal requirements are met, that the technical documentation in accordance with Annex 2 to the BFSG is available, that an EU declaration of conformity is drawn up and that the CE marking is affixed. However, the obligation to check that all necessary documents are available also applies to importers and distributors.

2. Requirements for services

In addition to products, the law affects a range of services, particularly those that are provided digitally. These include telecommunications and banking services, electronic ticket booking systems, access to e-commerce platforms and online stores as well as digital public transport services.

The central obligation here is to offer the entire service in a way that is equally accessible and usable for people with different disabilities. This applies in particular to websites and mobile applications that enable direct interaction with the consumer, for example via booking functions, ordering processes or digital customer accounts; some argue that even the provision of contact forms can fall within the scope of the law.

Many web and app offerings must therefore now be designed in such a way that they are perceptible, operable, understandable and robust for all users. Implementation of the internationally recognized Web Content Accessibility Guidelines (WCAG 2.1) at conformance level AA is recommended here, as FSIA conformity is assumed in this case. The WCAG concern not only layout, color scheme and typeface, but also the structuring of content, the ability to use a keyboard or voice recognition and the presentation of forms and interactive content.

In addition, the law obliges companies that provide such services to make information about the accessibility of their offerings publicly available. This information must itself be designed to be accessible and, in particular, explain how the requirements have been implemented. The information must be updated on an ongoing basis, particularly in the event of technical changes or the introduction of new functionalities.

In addition to the actual digital offering, accompanying services such as customer service, support hotlines or complaints procedures must also be accessible. This can be achieved through text-based contact options, accessible online forms or the provision of alternative communication channels such as sign language videos.

3. Orientation towards the state of the art and BMAS guidelines

The requirements for both products and services are based on the respective state of the art. This is not conclusively defined in the law, but is subject to ongoing further development. The Federal Agency for Accessibility will provide publications on technical standards, implementation recommendations and conformity criteria at regular intervals. These are intended to serve as practical guidance for companies.

In addition, the guidelines already published by the BMAS contain practical information on the interpretation and application of the legal provisions, for example on the product groups concerned, the delimitation of relevant services or the question of which minimum standards are deemed to be met by websites. In case of doubt, however, it is advisable to refer to WCAG 2.1, as described above.

III. Recommendations for companies

Companies whose products or services fall within the scope of the BFSG are now obliged to design their processes and offerings in a legally compliant manner. In view of the large number of technical, design and organizational requirements, it is advisable to take a systematic approach. The starting point should be a precise inventory. The first step is to clarify whether the products manufactured or distributed by the company, or the services offered, actually fall under the categories exhaustively listed in Section 1 BFSG. It should be noted that existing websites or applications that are revised or expanded may also subsequently fall within the scope of the Act. In these cases, it must be clarified whether the planned changes are to be considered a "significant revision" within the meaning of the Act. If this is the case, existing content must also be adapted to the requirements of the BFSG.

If this analysis shows that one or more offers are subject to the Act, conceptual planning of the necessary adjustments is required. For this purpose, it is advisable to define technical and organizational measures and to orientate the practical implementation of the requirements on existing standards such as accessible web design in accordance with WCAG 2.1.

Service providers should also note that there are certain information obligations. These obligations should also be integrated into the company's internal processes at an early stage, for example when maintaining general terms and conditions, documentation on websites or in customer contact.

Last but not least, accessibility should also be integrated into ongoing operational processes. This includes the training of employees who are regularly entrusted with product design, the maintenance of digital content or customer contact. Contracts with external service providers, for example in software development or design, should also be reviewed and, if necessary, supplemented with contractual accessibility standards. This can ensure that compliance with legal requirements is not just a one-off, but is permanently anchored in the company's day-to-day operations.

From a strategic point of view, it can be worthwhile for many companies to go beyond the minimum legal requirements. Accessibility is not only a legal obligation, but increasingly also a competitive factor. For more and more users, an accessible website or user-friendly product design is a sign of quality and professionalism. This applies not only to people with disabilities, but also in the context of demographic change and rising digital expectations across society.

IV. Conclusion

Now that the transition period has expired, the Accessibility Reinforcement Act is binding in business practice. Companies that fall under the scope of the Act should familiarize themselves with the specific requirements and check whether there is a need for adaptation - especially with regard to digital offerings and product design.

Implementation should be planned and include technical and organizational measures. It makes sense to continuously monitor the publications of the Federal Accessibility Agency in order to take into account the current state of the art.

Violations of the legal requirements can be punished as administrative offenses with fines. Depending on the severity of the violation, Section 37 BFSG provides for fines of up to 10,000 or 100,000 euros. Companies are therefore well advised to systematically integrate the requirements into their processes. In addition, warnings from competitors or consumer associations can be expected in the event of violations, as the majority of legal literature assumes that the provisions of the BFSG are market conduct rules in accordance with Section 3a UWG. If, as a result of such a warning, a cease-and-desist obligation with penalty clause is signed, there is a risk of considerable payment obligations in the event of continued infringements.

To support you, our law firm, together with SHAPE DACH GmbH, offers a BFSG Quick Check, with which companies can have their compliance checked in a simple, structured and legally compliant manner.

This article was created in collaboration with our student employee Emily Bernklau.