The Accessibility Improvement Act (“BFSG”) will apply in Germany from June 2025. Here you can find out who it applies to and what measures need to be taken now.
What is the BFSG?
The BFSG is a so-called national transposition law of an European directive. In mid-2019, the EU adopted the Directive EU 2019/882 to ensure the accessibility of certain products and services for all EU member states for persons with disabilities. To ensure that these regulations also apply directly in Germany, the BFSG will enter into force on June 28, 2025 (“Effective Date”) along with an executive order (“BFSGV“). The BFSGV will specify the BFSG by certain accessibility requirements, also coming into force on the effective date. In addition, the international “Web Content Accessibility Guidelines 2.1 (WCAG 2.2)” and the harmonized technical standard “EN 301 549 V3.2.1” will apply for specification on the BFSG’s technical measures for implementing accessibility.
What are the aims of the BFSG?
The BFSG primarily intends to strengthen the right of persons with disabilities to participate in everyday digital life. The BFSG is thus intended to lead to a full-over inclusion in the digital sphere. On a large scale, however, this is a special form of consumer protection – for certain consumer groups. We therefore can expect that the protection that the BFSG is aiming for will in fact also extend to all consumers who will benefit from a more user-friendly usability of products and interaction with services.
Who is the addressee of the BFSG requirements?
The legislator has extensively defined the responsible addressees of the BFSG. This includes so-called manufacturers, authorized representatives, importers, distributors and service providers who are obliged to provide or offer their products or services without barriers.
“Products” within the meaning of the BFSG refers to all products with digital elements, for example notebooks, smartphones, e-book readers, games consoles, but also self-service terminals such as ticket machines or ATMs. According to the BFSG, “services” should not only include those in the financial, telecommunications or passenger transportation sectors. All electronic B2C business transactions are also considered services under the BFSG.
Please note website providers: A service is therefore generally also the provision of online stores or similar websites or platforms and/or associated mobile applications (apps) for the online sale/booking of services. This means that, in principle, any commercial website that provides the conclusion of a consumer contract against payment falls within the scope of the BFSG. Excluded from the scope of application are only websites that lead to free services, so-called pure “presence websites” as a kind of “business card” of a company, or obvious B2B platforms.
What are the key obligations of the BFSG?
Each addressee has different obligations under the BFSG. In general terms, the obligations can be summarized to the provision of products or services on the market as barrier-free as possible. “Accessible” means products or services that can be found, perceived, accessed and used by people with disabilities in the usual way, without any particular difficulty and, in principle, without assistance. The specific requirements for the products and services are set out in the BFSGV. In addition to the accessibility obligation, companies must amend their general terms of use, make available a so-called “accessibility statement” and provide their staff with appropriate, ongoing BFSG training.
In principle, the obligations arising from the BFSG must be implemented from the effective date. Under certain exceptions, a transitional period applies until June 27, 2030 to comply with the obligations.
Are there exceptions under the BFSG according to which the obligations do not have to be implemented?
Yes, the BFSG provides certain exceptions from the accessibility implementation obligations. The most important are: (i) for so-called micro-enterprises (companies that employ fewer than ten persons and have an annual turnover or annual balance sheet total of no more than EUR 2 million); (ii) in the event of disproportionate burdens due to the mandatory accessibility implementation or (iii) in the event of significant changes to the products or services offered due to the accessibility implementation. In addition, the (iv) exceptions in Section 1 (4) BFSG apply.
What sanctions does the BFSG state?
According to the BFSG, fines of up to EUR 100,000 can be imposed on companies in breach of the BFSG. In addition, companies may be facing warnings and legal actions. It is also possible that a website could be shut down. However, website providers can hope that the competent authority/ies will seek a mutual solution with the resp. company. It is, however, not clear which authority/ies in Germany will be responsible for monitoring the requirements of the BFSG yet.
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