What penalties apply for BFSG violations?
In short and in plain language
The authorities can impose fines. But they usually ask you first to fix the problems. If a firm does not react, in serious cases its offer can be banned.
Customers and groups can also ask for a case to be opened. Warning letters and harm to your name are possible too.
Good protection is clear proof. This means an audit of your site and an honest accessibility statement.
The competent market surveillance authorities can impose fines of up to 100,000 euros (BFSG, Section 37). Before it comes to that, however, authorities usually first request that defects be remedied within a deadline. If a company fails to respond, distribution of the non-conformant service or product can in severe cases be prohibited altogether.
At least as relevant is pressure from outside: consumers as well as recognized disability and consumer associations can ask the market surveillance authority to open proceedings and can take legal action against its decision (Sections 32 and 33 BFSG). Warning letters under competition law cannot be ruled out either. On top of that comes reputational damage when an online offering is publicly criticized as inaccessible.
A documented accessibility status helps. With a structured WCAG audit and a sound accessibility statement, you demonstrate that you are taking your obligations seriously, which authorities can take into account in their assessment.