Accessible Website under the BFSG: Obligation, Who Is Affected & Checklist 2026

The Barrierefreiheitsstärkungsgesetz (BFSG, the German Accessibility Strengthening Act) has applied since 28 June 2025 and requires many companies to make their consumer-facing websites, online shops and apps accessible. It transposes EU Directive 2019/882 (the European Accessibility Act) into German law. The benchmarks are the EN 301 549 standard and WCAG 2.1 Level AA.

By Alexander Weipprecht, provimedia GmbH · As of: June 2026

What is the BFSG, and since when has the obligation to have an accessible website applied?

The Accessibility Strengthening Act has been applicable since 28 June 2025 (BMAS, the German Federal Ministry of Labour and Social Affairs). It is the German implementing law for Directive (EU) 2019/882, the so-called European Accessibility Act (EAA), on the accessibility requirements for products and services.

Unlike the BITV, which obliges only public bodies, the BFSG is aimed at private economic operators. The official full text of the law is available from the Federal Office of Justice at gesetze-im-internet.de. The goal is for people with disabilities to be able to use digital products and services on an equal footing.

Since then, professional accessible implementation has been part of the standard for any modern web design for consumer-oriented offerings.

Who is affected by the BFSG, and who is not?

The BFSG affects companies that place certain products on the market or provide services to consumers. According to the Bundesfachstelle Barrierefreiheit (the German federal accessibility agency), the services covered include e-commerce services (online shops), consumer banking services, e-books, telecommunications services and passenger transport services.

Covered products include computers, smartphones, self-service terminals, e-book readers and routers. For websites, e-commerce is the decisive area: a company that sells goods or services to consumers online generally falls under the BFSG.

The main exemption is the micro-enterprise rule in Section 3 (3) BFSG (§ 3 Absatz 3 BFSG) – but it applies only to services and only under narrow conditions.

Does the micro-enterprise exemption also apply to my online shop?

According to § 3 Absatz 3 BFSG, the micro-enterprise exemption applies only if a company has fewer than ten employees and reaches no more than EUR 2 million in annual turnover or annual balance sheet total. Both conditions must be met at the same time.

Important: this exemption applies only to services. Micro-enterprises that place products within the meaning of § 1 Absatz 2 BFSG on the market must make them accessible – the exemption does not apply here (Bundesfachstelle Barrierefreiheit, as of 2025).

A purely B2B online shop that targets business customers exclusively is generally not covered, because the BFSG targets services for consumers. The boundary is tricky in individual cases, however: as soon as private individuals can also order, the obligation may apply.

Which technical requirements must an accessible website meet?

The specific technical requirements are set out in the ordinance to the BFSG (BFSGV). For websites and apps, implementation relies, according to the Bundesfachstelle Barrierefreiheit, on the harmonised European standard EN 301 549, which in turn maps the success criteria of WCAG 2.1 at conformance level AA.

For web content, EN 301 549 requires at least WCAG conformance level AA; the relevant requirements for websites are in clause 9 (Web) of the standard (ETSI EN 301 549, 2021 version). Accessible digital content must also comply with the four basic principles of WCAG 2.1 (W3C):

• Perceivable – content must be accessible to all senses, for example through alt text for images and sufficient colour contrast.
• Operable – the website must be fully usable with a keyboard and with assistive technologies.
• Understandable – text and operation must be clear and predictable.
• Robust – the code must be compatible with screen readers and future technologies.

Note: the currently applicable version refers to WCAG 2.1 Level AA. According to the Bundesfachstelle Barrierefreiheit, a future, updated version of EN 301 549 is expected to refer to WCAG 2.2. If you implement WCAG 2.1 AA properly today, you are well prepared, but you should keep an eye on how the standard evolves.

Do I need an accessibility statement on my website?

Yes. For accessible services such as websites and apps, mandatory information must be provided in an accessibility statement. The content is governed by Annex 3 to §§ 14, 28 BFSG.

The statement describes how the service meets the accessibility requirements. Like the legal notice and the privacy policy, it is a fixed, easy-to-find part of the website and one of the items that market surveillance authorities check first.

Which fines are possible for violations of the BFSG?

Violations of the BFSG can be punished as administrative offences with fines. Under § 37 BFSG, administrative offences in the cases of paragraph 1 numbers 1, 7, 8, 9 and 10 can be punished with a fine of up to one hundred thousand euros and in all other cases with a fine of up to ten thousand euros.

These amounts are statutory maximums, not flat standard penalties – the actual amount depends on the individual case. In addition to the fine, there is in practice a risk of cease-and-desist letters (Abmahnung, a pre-litigation warning common in Germany), and the market surveillance authority can prohibit the provision of a non-compliant service. There are no statutory fine amounts beyond these; differing figures from agency blogs are not reliable.

Who monitors compliance with the BFSG?

Market surveillance is the responsibility of the Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen (MLBF), the German states' market surveillance authority for the accessibility of products and services, based in Magdeburg. According to the Bundesfachstelle Barrierefreiheit, it began operations on 26 September 2025.

The MLBF checks on a sample basis and in response to complaints whether products and services meet the requirements. Consumers and associations can report deficiencies, which in practice makes enforcement considerably stricter.

Checklist 2026: How do I make my website BFSG-compliant?

A BFSG-compliant website is usually the result of an audit against WCAG 2.1 Level AA and targeted technical improvements. The following checklist summarises the most important points to check (benchmark: EN 301 549 / WCAG 2.1 AA):

1. Carry out an accessibility audit of the entire website against the WCAG 2.1 AA success criteria.
2. Check colour contrast – text must stand out sufficiently from the background.
3. Ensure keyboard operability – every function can be reached without a mouse and the focus is visible.
4. Add alt text to all informative images and mark decorative images correctly.
5. Provide forms with clear labels, error messages and help text.
6. Implement a clean semantic structure (heading hierarchy, landmarks, ARIA roles).
7. Carry out a screen reader test with assistive technology.
8. Create and link an accessibility statement in line with Annex 3 to §§ 14, 28 BFSG.
9. Plan regular re-tests after every major update.

Because accessibility is not a one-off project but a permanent quality standard, it pays to anchor it firmly in web design and maintenance rather than bolting it on afterwards.

Frequently asked questions about the BFSG and the accessible website

Does the BFSG also apply to existing websites?

Yes. The BFSG has been applicable since 28 June 2025 (BMAS) and does not distinguish between new and existing websites. B2C offerings that are already live must also meet the requirements, provided they fall under the law.

Since when has the obligation to have an accessible website applied?

The obligation has applied since 28 June 2025. From that date, the Accessibility Strengthening Act has been applicable according to the BMAS.

Is my purely B2B shop affected by the BFSG?

Generally not. The BFSG targets services for consumers. If an offering is aimed exclusively at business customers, it is in principle not subject to the obligation. However, as soon as private individuals can also buy, the obligation may apply – the boundary should be assessed legally in each individual case.

Which standard is decisive for the technical implementation?

The decisive standard is the harmonised European standard EN 301 549, which requires at least WCAG 2.1 conformance level AA for web content (ETSI, 2021 version). A future version of the standard is expected to refer to WCAG 2.2. The specific requirements follow from the BFSGV in conjunction with this standard.

Which fines are realistic?

In § 37 BFSG, the law sets maximums of up to EUR 100,000 for serious violations and up to EUR 10,000 in all other cases. The actual amount depends on the individual case. Specific fine amounts beyond what the law provides cannot be predicted reliably.

Are there transitional periods for accessibility?

The BFSG contains transitional provisions for certain situations, for example for service providers and for existing self-service terminals. Whether and which deadline applies in a specific case should be clarified using the text of the law at gesetze-im-internet.de and, where appropriate, with legal advice.

Sources

• BMAS – Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz) (applicable since 28.06.2025)
• EUR-Lex – Directive (EU) 2019/882 (European Accessibility Act)
• gesetze-im-internet.de – BFSG (full text)
• gesetze-im-internet.de – § 37 BFSG (administrative offences/fines)
• gesetze-im-internet.de – § 14 BFSG (accessibility statement)
• Bundesfachstelle Barrierefreiheit – FAQ on the BFSG
• W3C – Web Content Accessibility Guidelines (WCAG) 2.1
• ETSI EN 301 549 (harmonised standard)

Note: This article provides general information about the German Accessibility Strengthening Act and does not constitute legal advice. For a binding assessment of your specific case, please consult a lawyer. As of: June 2026.