Accessibility in Contracts: Acceptance and Defect Claims
Without an agreed quality, a barrier is not a defect. What belongs in the contract on acceptance, remediation and limitation, with sample clause wording.
Beyond the German Accessibility Strengthening Act, further rules apply to digital services: the accessibility regulation for public bodies, state equality legislation, the General Equal Treatment Act and contractual requirements in tenders and framework agreements. This category sets out which rules apply to whom, how requirements can be formulated clearly and verifiably and what matters for acceptance and evidence. We cover complaint and enforcement routes, the possible consequences of non-compliance and the difference between technical conformance and actual usability. The articles do not replace individual legal advice — they provide the basis for precise conversations with lawyers and clients. We additionally look at which wording has proven useful in specifications so that accessibility becomes contractually verifiable rather than a declaration of intent.
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Without an agreed quality, a barrier is not a defect. What belongs in the contract on acceptance, remediation and limitation, with sample clause wording.
One directive, four transposition acts: what differs when selling into Austria, Ireland and Spain compared with the German BFSG, documented in law.
EN 301 549 is the central EU standard for digital accessibility under the BFSG. How the EAA, the standard and WCAG 2.2 connect and what version 4.1.1 brings.
Many businesses assume that as a micro-enterprise they are BFSG-exempt. When the exemption applies, why it covers services only and what Section 17 demands.
Accessibility as a mandatory criterion in IT tenders: BITV 2.0, EN 301 549, required evidence such as a conformance report and VPAT, and the exclusion risk.