Accessibility to be made a requirement for the private sector
Previously, only public sector bodies had to offer an accessible website to ensure no visitors faced any barriers. The German Accessibility Strengthening Act (BFSG) has now considerably expanded the requirements to ensure accessibility on the basis of European provisions. From 28 June 2025, companies will have to make services and products accessible to consumers on a large scale. This will affect services and products that enable digital participation in society. In future, they will be expected to also be accessible to people with cognitive or physical disabilities. The scope of the law is very broad and ranges from smartphones and notebooks to online shops.
In light of this, it is high time to take a closer look at the issue.
Accessibility throughout the EU
By adopting the German Accessibility Strengthening Act (BFSG), German law makers have transposed Directive (EU) 2019/882 on the accessibility requirements for products and services – also known as the European Accessibility Act (EAA for short) – into national law, largely without any changes. The EAA has also been transposed into national law in the other EU Member States.
You can find an overview of the most important changes on our blog in the article German Accessibility Strengthening Act: The countdown has started.
What needs to be designed to be accessible?
The requirements of the German Accessibility Strengthening Act (BFSG) primarily concern consumer products from the information and communication technology sector. For example, computers, including notebooks, tablets and smartphones, televisions with internet access, e-readers, routers, ATMs, ticket machines and check-in machines are covered.
In addition, the German Accessibility Strengthening Act sets accessibility requirements for the following (consumer) services: telephone and messaging services, banking services, e-books, services associated with interregional passenger transport (including websites, apps and electronic tickets) and e-commerce services (including online shops and online marketplaces). However, services that enable access to audiovisual media services, such as video-on-demand services, are covered in Germany by the German Interstate Media Treaty (MStV).
Implications for e-commerce
The new obligations for manufacturers, distributors, importers and service providers are extensive. Besides the new product requirements, the focus is primarily on e-commerce. This includes all services that are offered via websites or apps and are provided online at the individual request of a consumer with a view to concluding a consumer contract. This means that online shops, online marketplaces and other websites where consumers can (among other things) conclude contracts for products or services must be made accessible from 28 June 2025.
However, websites for the purpose of making significant preparations towards the conclusion of a contract, for example by allowing users to book appointments online, may also be subject to the obligations in the German Accessibility Strengthening Act depending on their exact design. The same applies to promotional websites, online catalogues and online configuration options (e.g. for vehicles).
How should the accessibility requirements be implemented?
According to the legal definition, products and services are accessible if they can be found, accessed and used by people with disabilities in the usual way, without particular difficulty and generally without outside help. The concrete terms of how the requirements are to be implemented are described in more detail in the Ordinance to the German Accessibility Strengthening Act (BFSGV).
In practice, however, (future) technical standards in particular are likely to be of great importance. The harmonised European standard (EN) 301 549, which defines accessibility requirements for information and communication technology and corresponding services, is particularly relevant. The Web Content Accessibility Guidelines (WCAG), an international standard for accessible website design, contain further technical requirements and specifications.
Sanctions and right to take legal action
It is the responsibility of the federal states' market surveillance authorities to supervise compliance with the requirements, although a centralised body at the federal level is planned. In the event of violations, the market surveillance authorities can require the economic operators to take corrective actions or restrict or prohibit the provision of the product or service altogether. One new element in the law is that consumers and qualified organisations can apply to the market surveillance authorities to initiate proceedings against an economic operator and the authorities must then decide on the matter. In addition, consumers can instruct qualified organisations to pursue violations in court on their behalf. As the obligations in the German Accessibility Strengthening Act (BFSG) probably also constitute market behaviour rules, economic operators are also faced with warnings letters under unfair competition law. Finally, violations of certain accessibility requirements constitute administrative offences that can be punished with fines of up to EUR 100,000.
For more information on the German Accessibility Strengthening Act (BFSG) or European Accessibility Act (EAA) and how it could affect your EU-based business, contact your CMS client partner or these CMS experts:
Daniel Hofmann, Franziska Wenzler, Martin Krings, Anna Carla Sommer-Weisel, Florian Dietrich
