A comprehensive guide to Germany's Accessibility Strengthening Act - the national law implementing the European Accessibility Act and establishing mandatory accessibility requirements for products and services in Germany
The Barrierefreiheitsstärkungsgesetz (BFSG), or Accessibility Strengthening Act, is Germany's implementation of the European Accessibility Act (EAA). Adopted on July 16, 2021, and entering into force on July 20, 2021, the BFSG transposes Directive (EU) 2019/882 into German national law, establishing comprehensive accessibility requirements for products and services offered to consumers in Germany.
The BFSG goes beyond mere transposition of EU requirements—it reflects Germany's long-standing commitment to accessibility and disability rights. Germany has been a pioneer in accessibility legislation, with roots stretching back to the Behindertengleichstellungsgesetz (BGG) of 2002 and the Barrierefreie-Informationstechnik-Verordnung (BITV) of 2002. The BFSG builds on this foundation while harmonizing Germany's accessibility framework with broader European requirements.
The law affects approximately 10.4 million people with disabilities in Germany—about 13% of the population—plus millions more who benefit from accessible design, including older adults, people with temporary impairments, and anyone using technology in challenging conditions. The BFSG ensures that the German market leads in accessibility standards rather than merely following minimum EU requirements.
The BFSG exists within a comprehensive German accessibility legal framework:
This multi-layered framework means that in Germany, accessibility is not merely a regulatory compliance issue but a deeply embedded legal principle backed by constitutional protections, international treaty obligations, and comprehensive implementing legislation at both federal and state levels.
The BFSG applies to a wide range of products and services, from consumer electronics and self-service terminals to e-commerce, banking, transport services, and telecommunications. It covers manufacturers, importers, distributors, and service providers operating in the German market, regardless of where they are established.
Unlike some EU member states where enforcement authority is fragmented, Germany established the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA)—the Federal Institute for Occupational Safety and Health—as the central market surveillance authority for products. For services, the federal states (Länder) are responsible for enforcement through their respective authorities.
The BFSG specifies fines ranging from €10,000 to €100,000 for violations. This clarity contrasts with some member states where penalty amounts are less defined. The German approach emphasizes deterrence while maintaining proportionality based on the severity of the violation, the size of the business, and whether violations are repeated or intentional.
The BFSG provides clear transition periods: June 28, 2025, for new products and services, and June 28, 2030, for existing products and services. This structured approach gives businesses time to adapt while ensuring steady progress toward full accessibility compliance.
The BFSG applies to all economic operators placing products on the German market or providing services to consumers in Germany. This includes:
Any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under their name or trademark. For imported products without an EU-established manufacturer, the importer is considered the manufacturer under the BFSG. Manufacturers bear primary responsibility for ensuring products meet accessibility requirements before placing them on the market.
Natural or legal persons established in Germany or elsewhere in the EU who place products from third countries (non-EU) onto the German or EU market. Importers must verify that manufacturers have conducted required conformity assessments and that products bear the required CE marking and documentation. If a manufacturer is not established in the EU, the importer assumes many of the manufacturer's obligations.
Any natural or legal person in the supply chain who makes a product available on the German market. Distributors must act with due care, ensuring that products bear the required CE marking, are accompanied by required documentation, and meet BFSG requirements. If a distributor places a product on the market under their own name or trademark, they assume manufacturer obligations.
All natural and legal persons providing services covered by the BFSG to consumers in Germany. This includes:
Manufacturers established outside the EU may designate an authorized representative in Germany or elsewhere in the EU to handle certain obligations under the BFSG, including maintaining technical documentation and cooperating with market surveillance authorities.
The BFSG applies to specific product categories outlined in Annex I of the European Accessibility Act. In German law, these are detailed in § 1 and § 2 BFSG:
General-purpose computer systems, including desktop computers, laptop computers, tablets, and their operating systems. These products must include accessibility features that enable use by persons with disabilities, including compatibility with assistive technologies such as screen readers, screen magnification software, and alternative input devices.
Accessibility requirements include keyboard-only operation, adjustable display settings, compatibility with hearing aids, and support for text-to-speech and speech-to-text functionality.
The BFSG specifically addresses self-service terminals, which include:
Terminal equipment with interactive computing capability used for accessing electronic communications services or audiovisual media services. This primarily includes smartphones, but also encompasses smart TVs, streaming devices, and similar consumer electronics.
These devices must support platform accessibility features, work with assistive technologies like screen readers (VoiceOver on iOS, TalkBack on Android), provide customizable display and audio settings, and include features like magnification gestures and voice control.
Dedicated e-reader devices (such as Kindle, Tolino, etc.) and software applications for reading electronic books must be accessible. Requirements include text-to-speech functionality, adjustable font sizes and spacing, color customization, navigation aids, and compatibility with screen readers.
The BFSG applies to specific services as outlined in § 3 BFSG:
All e-commerce services—websites and mobile applications used for online trading of goods or services—must be accessible according to EN 301 549 (which incorporates WCAG 2.1 Level AA). This includes not just large online retailers but any business selling products or services online to German consumers, including:
All banks and financial institutions offering services to consumers must ensure accessibility of their digital channels. This is particularly critical in Germany, where online banking adoption is high and physical branches are increasingly scarce. Covered services include:
Particular attention must be paid to accessible authentication, as many banks use multi-factor authentication that may create barriers for persons with disabilities.
E-books and the services used to provide them must be accessible. Germany implements the Marrakesh Treaty and works in conjunction with EU Directive 2017/1564 on accessible format copies for persons with print disabilities. E-books must include features such as reflowable text, logical reading order, navigation by headings and page numbers, alternative text for images, and compatibility with assistive technologies.
Air, rail, bus, and waterborne passenger transport services must provide accessible digital information and booking services. Germany's extensive public transport network (Deutsche Bahn, regional railways, city transport) makes this particularly important. Covered aspects include:
Telecommunications services, including voice telephony, must be accessible. This includes traditional and IP-based telephone services, access to emergency services (emergency number 112), and related functionalities. Requirements include support for text relay services, total conversation (which combines voice, text, and video), and compatibility with hearing aids and cochlear implants.
Under § 13 BFSG, microenterprises providing services may be exempt from accessibility requirements. A microenterprise is defined as an enterprise that:
However, this exemption is not automatic. Microenterprises can only claim the exemption if compliance would impose a disproportionate burden. They must document this assessment and may be required to justify it to authorities. The exemption applies only to service providers, not manufacturers or importers of products.
Under § 14 BFSG, economic operators may claim that compliance with specific requirements would impose a disproportionate burden. This assessment must consider:
Even when claiming disproportionate burden, operators must make products or services as accessible as possible without imposing a disproportionate burden, and must provide information to consumers about the accessibility limitations and any available alternatives.
Accessibility requirements do not apply if they would require a fundamental alteration of a product or service that changes its basic nature. This is a very high threshold and rarely applies. It might apply, for example, to a specialized scientific instrument designed for a specific sensory modality that would become a completely different product if made accessible for all users.
The BFSG references European harmonized standards, particularly EN 301 549, as the primary technical specification for compliance. In German law, § 4 BFSG establishes that products and services meeting the requirements of Annex I (for products) and Annex II (for services) are presumed to comply with BFSG accessibility obligations.
For digital content (websites, mobile applications, software), this effectively means compliance with WCAG 2.1 Level AA, which is incorporated into EN 301 549. German authorities and courts recognize WCAG 2.1 Level AA as the benchmark for digital accessibility.
Hardware products must meet functional performance criteria outlined in Annex I, Section I of the BFSG, which include:
Self-service terminals are subject to particularly detailed requirements under Annex I, Section II of the BFSG:
Digital services must comply with the requirements in Annex II of the BFSG. For websites and mobile applications, this means implementing WCAG 2.1 Level AA through EN 301 549. German implementation emphasizes:
Mobile applications must follow platform-specific accessibility guidelines while meeting WCAG 2.1 Level AA functional requirements:
Documents provided as part of services (contracts, statements, invoices, etc.) must be accessible:
Understanding the BFSG timeline is essential for compliance:
Under § 5 BFSG, manufacturers must conduct a conformity assessment before placing products on the market. This process includes:
For most products, manufacturers can use Module A (internal production control) under EU Decision 768/2008/EC. This involves:
Technical documentation must include:
Documentation must be maintained for 10 years after the product is placed on the market and must be made available to market surveillance authorities upon request.
Products meeting BFSG requirements must bear CE marking in accordance with § 7 BFSG. The CE marking:
Unlike product manufacturers who follow formal conformity assessment procedures, service providers under § 3 BFSG must:
Begin with a comprehensive assessment of your current products and services. Use automated tools for initial screening, but also conduct manual testing with assistive technologies and, ideally, user testing with persons with disabilities. Document all findings systematically.
Compare your current state against BFSG requirements. Identify which products or services fall under the law, what accessibility features are already present, and what gaps exist. Prioritize issues based on severity and impact on users.
Create a detailed plan for achieving compliance, including timelines, resource allocation, and assigned responsibilities. Address critical barriers first—those that completely prevent access for certain user groups.
Systematically address identified issues. For digital services, this means fixing code, redesigning interfaces, and adding accessibility features. For products, it may involve redesigning hardware components, updating firmware, or improving documentation.
After implementing changes, thoroughly test to ensure they work as intended and haven't introduced new barriers. Test with multiple assistive technologies and browsers. Consider engaging external accessibility auditors for independent verification.
Prepare all required documentation: technical documentation for products, accessibility statements for services, conformity declarations, test reports, and user guides in accessible formats.
Ensure everyone involved in product development, service delivery, procurement, and customer service understands accessibility requirements and knows how to maintain compliance.
Accessibility is not a one-time achievement. Implement processes to monitor ongoing compliance, address user feedback, update products and services as standards evolve, and prevent accessibility regressions.
For products, the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA) serves as the central market surveillance authority under § 18 BFSG. BAuA is responsible for:
Contact: Bundesanstalt für Arbeitsschutz und Arbeitsmedizin, Friedrich-Henkel-Weg 1-25, 44149 Dortmund, Germany
For services, enforcement is carried out by the federal states (Bundesländer) through their respective authorities as designated under § 19 BFSG. Different states have assigned this responsibility to different authorities—often consumer protection agencies, market surveillance authorities, or specialized accessibility oversight bodies.
Service providers must determine which state authority has jurisdiction based on where they are established or where they provide services. Multi-state operations may need to coordinate with multiple authorities.
§ 24 BFSG establishes administrative fines for violations:
When determining penalty amounts, authorities consider:
Consumers who encounter accessibility barriers can:
When authorities receive complaints or identify potential violations through market surveillance:
Q: I'm a non-German company. Does the BFSG apply to me?
Yes, if you place products on the German market or provide services to consumers in Germany. The BFSG, like the EAA, has extraterritorial application. Location of your business is irrelevant—what matters is that you operate in the German market.
Q: How does the BFSG differ from the EAA?
The BFSG is Germany's national implementation of the EAA. The core accessibility requirements are the same (based on EN 301 549 and WCAG 2.1 Level AA), but the BFSG provides German-specific details on enforcement authorities, penalty amounts, procedures, and administrative requirements. If you comply with the BFSG, you generally comply with the EAA for the German market.
Q: What's the relationship between BFSG and BITV 2.0?
BFSG applies to private sector products and services. BITV 2.0 applies to federal public sector websites and apps. Both use the same technical standards (EN 301 549, WCAG 2.1 Level AA). If your business serves both private consumers and public sector clients, you can use a single accessibility strategy to comply with both laws.
Q: Does the BFSG apply to B2B transactions?
The BFSG primarily targets B2C (business-to-consumer) transactions. However, products covered by the BFSG must meet accessibility requirements regardless of who purchases them. Additionally, public sector procurement (covered by other laws) requires accessibility, and private sector procurement increasingly demands it as well.
Q: Can I claim the microenterprise exemption?
Only if you are a service provider (not a product manufacturer or importer), employ fewer than 10 persons, have annual turnover or balance sheet total not exceeding €2 million, AND can demonstrate that compliance would impose a disproportionate burden. The exemption is not automatic and must be justified.
Q: How do I demonstrate BFSG compliance?
For products: conduct conformity assessment, prepare technical documentation, issue EU declaration of conformity, affix CE marking. For services: implement accessibility features meeting EN 301 549/WCAG 2.1 Level AA, provide accessibility information to consumers, maintain documentation of testing and compliance efforts, establish feedback mechanisms.
Q: Do I need to hire external auditors?
Not necessarily. For products, you can conduct internal conformity assessment (Module A) for most product categories. For services, you can conduct internal accessibility testing. However, external auditors provide independent verification and expertise that can be valuable, especially for complex products or services.
Q: What documentation must I maintain?
Products: technical documentation showing compliance with accessibility requirements, test reports, risk assessments, user manuals in accessible formats, EU declaration of conformity. Services: accessibility testing results, user feedback records, remediation plans, accessibility statements, training documentation. Product documentation must be maintained for 10 years after the product is placed on the market.
Q: Can I use accessibility overlays to comply?
No. Accessibility overlays are JavaScript-based tools that claim to make websites accessible automatically. German authorities and disability rights organizations recognize that these tools do not provide genuine compliance with WCAG 2.1 Level AA or EN 301 549. They often create new barriers and provide false security. Proper compliance requires fixing the underlying code and design.
Q: What if I can't make everything accessible by June 28, 2025?
Products and services placed on the market before June 28, 2025, have until June 28, 2030. However, anything new after June 28, 2025, must comply immediately. We strongly recommend starting now rather than waiting. Create a prioritized plan, address critical barriers first, and document your progress. If you anticipate challenges, consider whether disproportionate burden might apply to specific features (though this is a high bar to clear).
Q: Must I support all assistive technologies?
You must implement accessibility according to standards (EN 301 549, WCAG 2.1 Level AA) that enable compatibility with widely-used assistive technologies. If you properly implement semantic HTML and ARIA, your content will work with major screen readers (JAWS, NVDA, VoiceOver, TalkBack), magnification software, voice control, and other assistive tools.
Q: Are there German-specific requirements beyond WCAG 2.1 Level AA?
The technical requirements are based on EN 301 549, which incorporates WCAG 2.1 Level AA for digital content. There are no additional German-specific technical requirements beyond this standard. However, German enforcement authorities may have specific expectations regarding documentation, accessibility statements, and response to user feedback.
Q: What about mobile apps?
Mobile apps providing covered services must meet WCAG 2.1 Level AA functional requirements adapted for mobile platforms. Follow platform-specific guidelines (iOS Accessibility Guidelines, Android Accessibility Guidelines) while ensuring WCAG conformance. This includes screen reader support, appropriate touch target sizes, support for zoom and display customization, and keyboard/switch control compatibility.
Q: How do I make PDFs accessible?
PDFs must be properly tagged with logical reading order, heading structure, alternative text for images, form field labels, and table structure. Use accessible authoring tools (Adobe Acrobat Pro, Microsoft Word with accessible templates) or professional PDF remediation services. Better yet, provide information in accessible HTML format rather than PDF whenever possible, as HTML is inherently more accessible and flexible.
