Manufacturers, retailers and importers of products as well as providers of services are obliged by the Barrier-Free Strengthening Act (BFSG) to make their products and services accessible by June 28, 2025. This means that, among other things, products and digital content must be accessible in such a way that they can be used by people with disabilities without any particular difficulty.
What is the aim of the BFSG?
The Barrier-Free Strengthening Act (BFSG) aims to strengthen the participation of people with disabilities in society. The BFSG also includes people with intellectual disabilities. It regulates the accessibility of products and services, particularly in the digital sector.
Who is affected by the BFSG?
The law applies to manufacturers, distributors and importers of a variety of products (§ 1 II BFSG) and to providers of services (§ 1 III BFSG), including:
- Online stores: Operators must ensure that their websites are accessible.
- Electronic devices: computers, routers, notebooks, tablets, e-book readers and certain self-service terminals.
- Digital services: Messenger and telephone services, banking services, apps in interregional passenger transportation.
When is a website or online store considered accessible?
According to Section 3 (1) sentence 2 BFSG, digital offerings are accessible if they:
- can be found, accessed and used,
- without particular difficulty,
- can be used without outside help.
- Implementation for example through: Screen readers, sufficient color contrasts, simple navigation and alternative text descriptions for images
- Accessibility also refers to mental disabilities, which means that texts should be written in simple language and technical terms and Anglicisms should be paraphrased in simple language.
What are the requirements for online stores?
Online retailers must:
- Indicate compliance with accessibility requirements in their General Terms and Conditions (GTC) or in another clearly visible place on their website.
- Only offer products that fall under the BFSG with CE marking, German-language instructions for use and safety information.
Are there exceptions to the BFSG?
Yes, micro-enterprises (less than 10 employees, annual turnover or balance sheet total of less than EUR 2 million) are exempt from the obligation. In addition, the BFSG only applies to the B2C sector. The BFSG is therefore not applicable to pure B2B stores.
What are the consequences of non-compliance?
- Fines of up to 100,000 euros
- Prohibition of the offer or service
- Warnings from competitors due to infringement of competition law
Are there transitional periods?
- Yes, Section 38 BFSG regulates a transitional period until 27.06.2030 for services using products that were already legally used to provide these or similar services before 28.06.2025
- Contracts for services concluded before 28.06.2025 may continue until 27.06.2030
- Transitional period for self-service terminals up to 15 years after commissioning
Need for action for companies
To avoid warnings and fines, companies should act now:
- Checking the website for accessibility
- Adaptation of the GTC and mandatory information
- Creation of a declaration on accessibility
- Ensuring CE marking and legally required product information
Do you have questions about implementation or need legal support? Please feel free to contact us!
Further information: Detailed guidelines on the BFSG can be found here: Bundesfachstelle Barrierefreiheit.
