BFSG 2025: Key Facts for Companies

The Accessibility Strengthening Act (BFSG) transposes the European Accessibility Act (EAA) into German law. The EAA was adopted at EU level in 2019 and requires all member states to establish uniform accessibility requirements for certain products and services. Germany enacted the BFSG in July 2021 and granted companies a four-year transition period.

The central idea of the law: people with disabilities should be able to participate equally in digital life. This affects not only the approximately 7.9 million severely disabled people in Germany (Federal Statistical Office, 2024), but also older people with age-related limitations, people with temporary impairments and situational restrictions.

In practice, the European standard EN 301 549 is the technical reference point for implementing the BFSG. Its version V3.2.1 is based on the Web Content Accessibility Guidelines (WCAG) 2.1, while version V4.1.1, published in 2026, is aligned with WCAG 2.2. For accessibility audits, WCAG 2.2 AA is therefore a sensible benchmark: it builds on WCAG 2.1 AA and adds new success criteria.

The BFSG does not define its own technical standards. Products and services that conform to harmonized standards published in the Official Journal of the EU are presumed to meet the requirements (Section 4 BFSG). For websites and web applications, EN 301 549 is the relevant reference standard; it adopts conformance level AA of WCAG, based on WCAG 2.1 in version V3.2.1 and on WCAG 2.2 in version V4.1.1. In practice, this means compliance with four central principles: perceivability, operability, understandability and robustness. Each of these principles encompasses specific success criteria that are systematically tested during a WCAG audit.

Perceivability requires that all information and user interface components are presented in ways that can be perceived by all users. This includes text alternatives for images, captions for videos, sufficient color contrasts with a ratio of at least 4.5:1 for normal text, and the ability to enlarge content without losing information. Operability requires that all functions are reachable via keyboard, sufficient time is given for interactions, and no content can trigger seizures.

Understandability means that texts must be readable and predictable. Forms need clear labels and error messages. Navigation must be consistent. Robustness requires that content can be reliably interpreted by various user agents, including assistive technologies such as screen readers. This requires semantically correct HTML, valid ARIA markup and compliance with the specifications of the technologies used.

The BFSG provides for severe sanctions in case of violations. Fines can reach up to 100,000 euros. The responsible market surveillance authorities of the federal states can additionally impose sales bans, meaning they can prohibit the sale of non-compliant products or the provision of non-compliant services. In particularly severe cases, recalls can be ordered.

Beyond regulatory enforcement, there is considerable civil law risk. Associations representing the interests of people with disabilities can file injunction claims. Competitors can issue cease-and-desist letters for BFSG violations as unfair competition under the UWG. This cease-and-desist possibility makes the BFSG a particularly sharp instrument: even a missing accessibility statement can justify a cease-and-desist letter.

Market surveillance is conducted by the respective state authorities. They randomly test and respond to complaints about whether digital products and services meet accessibility requirements. Companies are obligated to demonstrate compliance with the requirements upon request from authorities. A professional accessibility statement and documentation is therefore not only legally required but also serves as evidence during inspections.

Every service provider subject to the BFSG must publish information on the accessibility of its service, in its general terms and conditions or in another clearly perceptible way (Section 14(1) and Annex 3 BFSG), on websites for example as an accessibility statement. This information is not an optional addition but a legal obligation. It describes the service, explains how it meets the accessibility requirements and names the competent market surveillance authority. Annex 3 does not explicitly require naming known limitations or offering a feedback mechanism, but both are advisable.

The statement should be created based on a current WCAG audit. It describes which areas of the website are already accessible, where limitations still exist and what measures are planned. A feedback mechanism enables users to report barriers. If the service does not meet the requirements, the company must take corrective action (Section 14(4) BFSG).

In practice, we recommend linking the accessibility statement as a standalone page in the website footer, updating it at least annually and writing it in a clearly understandable format that is itself accessible. During an inspection, the market surveillance authority can request all information needed to demonstrate conformity (Section 14(5) BFSG).

BFSG compliance is not only a legal obligation but offers tangible business advantages. Accessible websites reach a larger audience: an estimated 16% of the world's population experiences a significant disability (WHO, 2023). In an aging society, this target group is continuously growing. Companies that make their digital offerings accessible tap into additional customer segments.

Accessibility also improves the overall user experience. Clear structures, understandable texts, good contrasts and consistent navigation benefit all users, not just people with disabilities. Furthermore, semantically correct HTML has a positive effect on search engine optimization.

Not least, accessibility strengthens brand perception. Companies that act inclusively are perceived as modern, responsible and customer-oriented. In a market environment where consumers increasingly value social responsibility, accessibility can be a genuine differentiator. The return on investment of professional accessible web development can lie in both risk avoidance and additional revenue.