Since 28 June 2025, Germany's Barrierefreiheitsstärkungsgesetz (BFSG) has applied to private businesses for the first time. The law implements EU Directive 2019/882 and requires digital products and services to be accessible for people with disabilities — particularly those relying on assistive technologies such as screen readers.
Who is affected?
All businesses offering digital services to consumers (B2C) are covered: websites, online shops, apps and booking portals. Pure B2B offerings — platforms directed exclusively at business customers — are excluded, provided the distinction is clearly maintained.
Who is exempt?
The law provides an exception for micro-enterprises (§ 3 Abs. 3 BFSG i. V. m. § 2 Nr. 17 BFSG): fewer than 10 employees and annual turnover or balance-sheet total of no more than €2 million (either threshold suffices; the headcount limit must always be met). Two caveats apply. First, the exemption covers service providers only — businesses that manufacture or place products on the market cannot automatically rely on it. Second, the thresholds must be met every year.
What must be accessible?
There is no general grandfathering for existing websites. A website that continues to be offered to consumers after 28 June 2025 must be accessible from that date, regardless of when it was created. The transitional periods under § 38 BFSG until 2030 apply to certain products (e.g. self-service terminals) and service contracts concluded before the deadline — not to websites in ongoing use. Alongside technical compliance, § 14 BFSG and Annex 3 require businesses to publish accessibility information on the website, describing how requirements are met, acknowledging remaining gaps and naming the responsible supervisory authority. An honest statement that acknowledges gaps and names a timeline is considerably better than none at all.
The technical standard: WCAG 2.1 Level AA
The required benchmark is WCAG 2.1 Level AA. Perceivable: text alternatives for images, captions for video, minimum contrast ratio of 4.5:1 for normal text. Operable: full keyboard navigation, visible focus indicators. Understandable: clear language, consistent navigation, helpful error messages. Robust: valid HTML compatible with screen readers. Public bodies in Germany have been subject to this standard since 2020; for many commercial websites, the gap is likely larger than expected.
Risks: how real is the threat?
The supervisory authority (MLBF AöR) can impose fines up to €10,000 for information and cooperation failures and up to €100,000 for non-accessible services. Whether a wave of cease-and-desist letters materialises is an open question. It is legally disputed whether BFSG provisions constitute market conduct rules under § 3a UWG at all. The GDPR experience is instructive: the anticipated enforcement storm turned out considerably smaller than feared. The practical conclusion: obvious non-compliance is an unnecessary liability. Closing the largest gaps and publishing accessibility information significantly reduces exposure without requiring perfection.
What to do now
- Check whether the micro-enterprise exemption applies to your specific situation, including whether you place BFSG-covered products on the market.
- Run a quick audit using free tools such as WAVE or the axe browser extension — missing alt texts, contrast failures and unlabelled form fields surface within minutes.
- Publish accessibility information (§ 14 BFSG, Annex 3). Free templates are available from the Bundesfachstelle für Barrierefreiheit. An incomplete but honest statement is considerably better than none.
- Consider a feedback channel — not formally required under BFSG for private services, but advisable.
- Commission a professional audit for complex websites or online shops before any enforcement notice arrives.
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