Accessibility Enhancement Act from 2025: What companies need to know now

On 28 June 2025, the Accessibility Enhancement Act (BFSG) will come into force. This will make accessibility a mandatory requirement for a wide range of digital products and services, including in the private sector. The aim is to give people with disabilities equal access to digital services. This overview explains who is affected, what is required and what penalties may be imposed.

Background: Why does the BFSG exist?

The BFSG implements EU Directive 2019/882, also known as the European Accessibility Act (EAA). This directive requires member states to ensure that certain digital products and services are designed to be accessible in future. In Germany, implementation will take place via the BFSG, which was passed on 22 July 2021 and will now become legally binding on 28 June 2025.

The aim is to enable everyone to participate in society, especially people with disabilities, but also older people and people with temporary limitations (e.g. following an accident).

Who is affected?

Companies offering the following products or services:

• Websites and mobile applications (e.g. online shops, customer portals, apps)
• E-books and e-readers
• Banking services (e.g. online banking)
• telecommunications services
• Self-service terminals (e.g. ticket machines, cash machines, check-in terminals)
• Hardware such as smartphones, tablets, routers or smart TVs

The obligation to ensure accessibility applies not only to public institutions, but also to private companies, provided that they target end customers in the EU internal market.

Exceptions:

• Micro-enterprises with fewer than 10 employees and an annual turnover or annual balance sheet total of less than €2 million are exempt from the BFSG obligation (Section 2 (1) BFSG).
• Existing products may continue to be placed on the market.
• Transitional periods until 2040 apply to terminals that are already in place (e.g. cash machines).

Was bedeutet „barrierefrei“?

According to Section 3 of the BFSG, accessibility means that products and services are designed in such a way that they can be found, accessed and used by people with disabilities without assistance from others – under normal conditions.

The following are technically relevant:

• The Web Content Accessibility Guidelines (WCAG) 2.1, compliance level AA
• The European standard EN 301 549, specifically for information and communication technology

The four principles of WCAG are:

• Perceptible (e.g. alternative text for images)
• Operable (e.g. keyboard navigation)
• Comprehensible (clear language, logical structure)
• Robust (compatible with assistive technologies)

What specific requirements does the BFSG impose?

Companies must ensure that:

• digital offerings are designed to be accessible (websites, apps, e-services)
• technical documentation is prepared (conformity assessment)
• Accessibility statements are published
• rapid corrective measures can be taken in the event of a breach
• CE marking and market surveillance procedures are complied with (for products)

These requirements apply not only to IT, but also to communications, customer service and product development.

What happens in the event of violations?

Compliance with the BFSG is monitored by the market surveillance authorities of the federal states. In addition, consumers can also lodge complaints if they encounter barriers.

Violations may result in:

• Fines of up to €100,000
• Sales bans or recall measures
• Reputational damage caused by public statements and lawsuits

What should companies do now?

1. Conduct an inventory

Review your digital offerings: website, app, booking tools, forms, customer portals – where is accessibility provided, and where is it lacking?

2. Check conformity

Conduct an accessibility audit. Tools such as Axe, WAVE or Lighthouse provide initial guidance. For legal certainty, a professional assessment is recommended.

3. Start technical implementation

Adapt content to WCAG 2.1 AA, develop accessible design, incorporate keyboard navigation, structure PDFs correctly, insert video subtitles, etc.

4. Establish training courses and processes

Make accessibility a permanent feature of your content creation, design development and editing processes.

5. Prepare documentation

CE marking, accessibility statement and conformity assessment must be available by the deadline.

Sources and further reading

Svaerm – What does digital accessibility mean?

DKD: Who must be accessible?

BMAS – Information about the BFSG

W3C – Web Content Accessibility Guidelines