In short
This BFSG checklist summarises what applies to offerings after 28 June 2025: online shops and other websites and apps through which consumers conclude contracts must be accessible (Sec. 1 (3) no. 5 BFSG, the German Accessibility Strengthening Act, Barrierefreiheitsstärkungsgesetz). The specific requirements are set out in the ordinance on the BFSG (BFSGV); in practice, the technical yardstick is the standard EN 301 549 with the WCAG criteria at level AA. Micro-enterprises that provide services are exempt: fewer than ten employees and an annual turnover or annual balance sheet total of no more than €2 million (Sec. 3 (3), Sec. 2 no. 17 BFSG).
Key points
- The BFSG applies to products placed on the market after 28 June 2025 and to services provided to consumers after that date (Sec. 1 (2) and (3) BFSG).
- It mainly affects online shops and booking processes for consumers. Purely B2B offerings are not covered.
- Micro-enterprises are only exempt for services. Anyone who sells products such as computers, smartphones or e-book readers has retailer obligations regardless of size.
- Besides the technology, one obligation is easy to overlook: you must state in your terms and conditions or in another clearly perceptible place how your offering meets the requirements (Sec. 14 (1) no. 2 BFSG with Annex 3).
- Breaches are monitored by the market surveillance authority. The fine is up to €100,000 if you offer a service that is not accessible (Sec. 37 (1) no. 8, (2) BFSG).
Contents
- Am I affected by the BFSG? The 2-minute check
- The BFSG checklist: 30 points to tick off {#checkliste}
- Priorities: what you should tackle first
- Accessibility statement: what belongs in the mandatory information
- Testing an accessible website: tools at a glance
- Overlay widgets: why a plugin alone is not enough
- BFSG penalties: what you risk for breaches
- Timetable and transitional periods
- FAQ
Am I affected by the BFSG? The 2-minute check
First clarify whether the act applies to you. Four questions are enough for an initial assessment.
Who is affected by the BFSG
For website and shop operators, one category is decisive: services in electronic commerce (Sec. 1 (3) no. 5 BFSG). These are digital services offered via websites or apps and provided at the individual request of a consumer with a view to concluding a consumer contract (Sec. 2 no. 26 BFSG).
Typical examples are online shops for private customers, booking portals, subscriptions concluded via the website, and apps through which consumers place orders. The act also names, for example, telecommunications, banking services, e-books and passenger transport (Sec. 1 (3) no. 1 to 4 BFSG).
Pure company website without a shop: According to the wording, a website that only provides information and through which no contract is concluded with consumers is not a service in electronic commerce. With a booking or ordering tool, the assessment changes.
Exemptions from the BFSG
| Exemption | What it means | Reference |
|---|---|---|
| Micro-enterprises providing services | fewer than ten employees and annual turnover or annual balance sheet total of no more than €2 million; applies only to services, not to products | Sec. 3 (3), Sec. 2 no. 17 BFSG |
| Offerings only for businesses | the act covers services for consumers | Sec. 1 (3), Sec. 2 no. 4 BFSG |
| Older media and documents | pre-recorded video and audio as well as office application files (such as PDFs) published before 28 June 2025 | Sec. 1 (4) no. 1 and 2 BFSG |
| Archives | content that is neither updated nor revised after 28 June 2025 | Sec. 1 (4) no. 5 BFSG |
| Third-party content | content that you neither fund nor develop nor control | Sec. 1 (4) no. 4 BFSG |
| Online maps | if essential information for navigation maps is provided in an accessible way | Sec. 1 (4) no. 3 BFSG |
| Fundamental alteration | accessibility would change the basic nature of the offering; document the assessment, keep it for five years, inform the authority | Sec. 16 BFSG |
| Disproportionate burden | assessment according to the criteria of Annex 4, document it, repeat it at least every five years, inform the authority | Sec. 17 BFSG |
Important: for micro-enterprises, both conditions must be met, fewer than ten employees and in addition a turnover or balance sheet total of up to €2 million. And the exemption only applies to services. The act does not expressly regulate how part-time staff count towards the ten employees.
You cannot rely on Sec. 16 and 17 across the board; you need a documented assessment (under Sec. 17 without the duty for micro-enterprises to inform the authority, Sec. 17 (5) sentence 2 BFSG).
The BFSG checklist: 30 points to tick off {#checkliste}
The points follow the four principles of the BFSGV: perceivable, operable, understandable and robust (Sec. 12 no. 3 BFSGV), supplemented by shop points and legal obligations. The numbers in brackets refer to the WCAG success criteria.
Perceivable
- 1. Do all informative images have alternative text? Screen readers read out the alt text; decorative images get an empty alt attribute (1.1.1). Test: WAVE or axe.
- 2. Do videos have subtitles and audio files a transcript? Applies to content published from 28 June 2025 (1.2.1, 1.2.2).
- 3. Are headings, lists and tables marked up technically? A line in bold is not a heading for a screen reader (1.3.1). Test: outline view in WAVE.
- 4. Does text have enough contrast? At least 4.5:1, 3:1 for large text (1.4.3). Test: contrast checker.
- 5. Do controls and graphics have enough contrast? Borders of input fields, icons and focus outlines at least 3:1 (1.4.11).
- 6. Is information conveyed by more than colour alone? Marking mandatory fields only in red is not enough; add text or a symbol (1.4.1).
- 7. Does the page work at 200% zoom and on narrow screens? Nothing is cut off, no horizontal scrolling at a width of 320 pixels (1.4.4, 1.4.10).
Operable
- 8. Can everything be operated by keyboard? Menu, filters, shopping basket, checkout (2.1.1). Test: put the mouse aside and shop using only Tab, Enter and the space bar.
- 9. Are there no keyboard traps? You can get out of every element by keyboard, including pop-ups (2.1.2).
- 10. Is the focus always visible? A clear outline shows where you are (2.4.7). Common mistake: "outline: none" in the CSS.
- 11. Is the tab order logical? It follows the reading order (2.4.3).
- 12. Is there a "Skip to content" link? That way, nobody has to go through the whole menu on every page (2.4.1).
- 13. Are page titles and link texts meaningful? "Click here" says nothing out of context (2.4.2, 2.4.4).
- 14. Can time limits be extended and moving content paused? For example sliders, a countdown in the checkout, automatic logout (2.2.1, 2.2.2).
Understandable
- 15. Is the language of the page set? lang="de" in the HTML so that the screen reader pronounces things correctly (3.1.1).
- 16. Do all form fields have visible labels? Placeholder text in the field does not replace a label (3.3.2).
- 17. Are error messages clear and helpful? They name the field and say how to get it right (3.3.1, 3.3.3).
- 18. Does the page behave predictably? Navigation in the same place, no change of page just by selecting an option in a field (3.2.2, 3.2.3).
Robust
- 19. Do custom controls have a name, role and state? A button is technically a button, and an expandable element announces "expanded" or "collapsed" (4.1.2).
- 20. Are status messages announced? For example "Item added to basket" or "3 results found" (4.1.3).
- 21. Does the page work with a screen reader? Test: go once from the home page to the order with NVDA or VoiceOver.
Specific to online shops
- 22. Do product images describe the product? Alt text with the type of product and essential features such as colour; image gallery and zoom operable by keyboard.
- 23. Can filters, sorting and variants be operated? Size and colour selectable by keyboard, selection is announced.
- 24. Is the shopping basket understandable? Quantity fields labelled, "Remove" clearly named, totals as text.
- 25. Is the checkout accessible? Fields with input purpose for autofill (1.3.5), order summary can be checked before submitting (3.3.4). Identification, security and payment functions must be perceivable, operable, understandable and robust (Sec. 19 no. 2 and 3 BFSGV).
- 26. Are the cookie banner, chat widget and captcha accessible? Banner reachable and operable by keyboard, captcha with an alternative. Whatever you embed and control yourself is usually not third-party content within the meaning of Sec. 1 (4) no. 4 BFSG.
- 27. Do you pass on accessibility information about the products? Insofar as the manufacturer provides it, it must be available in the shop (Sec. 19 no. 1 BFSGV).
Legal obligations
- 28. Have you prepared and published the accessibility information? In the terms and conditions or in another clearly perceptible place, itself accessible (Sec. 14 (1) no. 2 BFSG, Annex 3). Details in the section below.
- 29. Can your customer service be reached in an accessible way? If you offer a hotline, chat or help, they must provide information on accessibility via accessible means of communication (Sec. 12 no. 4 BFSGV).
- 30. Do you document exemptions and corrections? Keep assessments under Sec. 16, 17 BFSG for five years (Sec. 16 (2), Sec. 17 (2) BFSG); in the event of shortcomings, correct them and inform the authority without delay (Sec. 14 (4) BFSG).
Priorities: what you should tackle first
First comes everything that prevents people from buying.
| Check point | Why first | Effort | Priority |
|---|---|---|---|
| Checkout and payment by keyboard and screen reader (8, 21, 25) | without a working checkout, no contract is concluded | medium to high | 1 |
| Forms with labels and error messages (16, 17) | affects registration, ordering and contact | low to medium | 1 |
| Visible focus, no keyboard traps (9, 10) | otherwise the page cannot be operated without a mouse | low | 1 |
| Cookie banner (26) | the first element every visitor has to operate | low to medium | 1 |
| Accessibility information (28) | legal obligation, done quickly | low | 1 |
| Contrasts (4, 5) | affects all pages | low to medium | 2 |
| Alt texts for product images (1, 22) | many pages, but easy to plan | medium | 2 |
| Zoom and mobile display (7) | often a question of the theme | medium | 2 |
| Videos with subtitles (2) | only new content from 28 June 2025 | depending on volume | 3 |
Accessibility statement: what belongs in the mandatory information
The BFSG does not speak of an "accessibility statement" (Barrierefreiheitserklärung) but of information on accessibility. You state in your terms and conditions or in another clearly perceptible way how your service meets the requirements (Annex 3 no. 1 BFSG). Where applicable, the information must contain at least:
- a general description of the service in an accessible format
- descriptions and explanations necessary to understand how the service is provided
- a description of how the service meets the relevant accessibility requirements of the BFSGV
- the name of the competent market surveillance authority
In addition, there is the consumer information under Art. 246 EGBGB. The information must itself be accessible (Sec. 14 (1) no. 2 BFSG), and you keep it for as long as you offer the service (Sec. 14 (2) BFSG).
Where to put it? A separate "Accessibility" page has proved its worth, linked in the footer next to the legal notice and privacy policy, with a reference to it in the terms and conditions. As the competent authority, shops usually name the federal states' market surveillance body for the accessibility of products and services (Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen, MLBF) in Magdeburg.
If you need terms and conditions into which you can build this information, you can have terms and conditions drafted at a fixed price. Which other texts a shop needs is shown in our guide Which legal texts does an online shop need?.
Testing an accessible website: tools at a glance
Automatic tests only find some of the errors. Only a manual test shows whether an alt text makes sense or whether the checkout can be understood with a screen reader.
| Tool | Type | Free | What for |
|---|---|---|---|
| WAVE | browser extension | yes | missing alt texts, contrasts, heading structure |
| Lighthouse | built into Chrome | yes | quick overview with a score |
| axe DevTools | browser extension | basic version yes | detailed list of errors according to WCAG |
| Colour Contrast Analyser | program | yes | measuring the contrast of individual colours |
| NVDA | screen reader for Windows | yes | testing the checkout with speech output |
| VoiceOver | built into macOS and iOS | yes | testing on Mac and iPhone |
| Keyboard | no software | yes | operability, focus, keyboard traps |
The Federal Accessibility Agency (Bundesfachstelle für Barrierefreiheit) publishes the most important standards and conformity tables (Sec. 3 (2) BFSGV) and advises micro-enterprises (Sec. 15 BFSG).
Overlay widgets: why a plugin alone is not enough
Widgets that are supposed to "make a website accessible" by script can make individual settings easier, such as larger text. They do not change the structure of your page: missing labels or a checkout that does not work without a mouse remain. The BFSG requires the service itself to meet the requirements (Sec. 3 (1), Sec. 14 (1) no. 1 BFSG). A widget can therefore be a supplement, but it does not replace a check against this checklist.
BFSG penalties: what you risk for breaches
Market surveillance: The authority also checks services without a specific reason, on the basis of random samples (Sec. 28 (2) BFSG). If it finds shortcomings, it sets a deadline for remedying them. If the provider does not remedy them, it can, after setting a further deadline, order the offering to be discontinued (Sec. 29 BFSG).
Consumers and associations: Anyone who cannot use your offering, or can only use it to a limited extent, can apply to the authority for proceedings, as can recognised disability associations and qualified entities (Sec. 32 BFSG). Conciliation under the Disability Equality Act (Behindertengleichstellungsgesetz) is also possible (Sec. 34 BFSG).
Fine: Anyone who offers a service that does not meet the requirements commits an administrative offence. The fine is up to €100,000 (Sec. 37 (1) no. 8, (2) BFSG). Fines of up to €10,000 apply, for example, if you do not inform the authority of non-conformity or do not provide information (Sec. 37 (1) no. 2 and 6, (2) BFSG).
Cease-and-desist letters: In addition, competitors and associations can send cease-and-desist letters (Abmahnungen) for breaches under competition law if the BFSG obligations are classified as rules governing market conduct (Sec. 3a UWG). If you have received a cease-and-desist letter, do not sign anything hastily. Have it checked: have the cease-and-desist letter checked by a lawyer at a fixed price.
Timetable and transitional periods
| What | From when / until when | Reference |
|---|---|---|
| BFSG applies to new products and services for consumers | after 28 June 2025 | Sec. 1 (2) and (3) BFSG |
| BFSGV with the specific requirements in force | 28 June 2025 | Sec. 22 BFSGV |
| Services using products that were already lawfully in use before | until 27 June 2030 | Sec. 38 (1) sentence 1 BFSG |
| Contracts for services concluded before 28 June 2025 | until the end of the contract, at the latest until 27 June 2030 | Sec. 38 (1) sentence 2 BFSG |
| Self-service terminals in use before 28 June 2025 | until the end of their economic useful life, no more than 15 years from first use | Sec. 38 (2) BFSG |
| Video, audio and office documents published before 28 June 2025 | permanently exempt | Sec. 1 (4) no. 1 and 2 BFSG |
So there is no general grace period for an online shop: anyone who sells to consumers and is not a micro-enterprise must meet the requirements for all services they provide after 28 June 2025.
Which information the EU General Product Safety Regulation requires on product pages is explained in our article on the GPSR.
FAQ
Who does the Accessibility Strengthening Act apply to?
To manufacturers, importers and retailers of certain products such as computers, smartphones and e-book readers, and to providers of certain services for consumers. For website operators, what matters above all is online shops and booking processes (Sec. 1 BFSG).
Does the BFSG also apply to small online shops?
Not if you are a micro-enterprise: fewer than ten employees and an annual turnover or annual balance sheet total of no more than €2 million (Sec. 3 (3), Sec. 2 no. 17 BFSG). For products that are themselves covered by the BFSG, the retailer obligations still apply.
Does a pure company website without a shop have to be accessible?
According to the wording, a pure information site through which no contracts are concluded with consumers is usually not covered by the BFSG. If you enable bookings or orders, this changes. Have borderline cases checked individually.
From when does the BFSG apply?
To products placed on the market after 28 June 2025 and to services provided to consumers after 28 June 2025 (Sec. 1 (2) and (3) BFSG). For individual cases, there are transitional periods until 2030 (Sec. 38 BFSG).
Which WCAG level do I have to meet?
The BFSG and the BFSGV do not name a WCAG level. They require websites to be perceivable, operable, understandable and robust (Sec. 12 no. 3 BFSGV) and refer to the state of the art (Sec. 3 BFSGV). In practice, the standard EN 301 549 with the WCAG criteria at level AA is the yardstick.
What happens in the event of breaches of the BFSG?
The authority can demand remedial action and, as a last resort, prohibit the offering (Sec. 29 BFSG). The fine is up to €100,000 (Sec. 37 BFSG). In addition, there are proceedings at the request of consumers and associations (Sec. 32 BFSG) and possible cease-and-desist letters.
Is an accessibility plugin enough?
Usually not. An overlay widget does not change the structure of your page. The law requires the service itself to be accessible (Sec. 3 (1) BFSG).
Do I need an accessibility statement?
Yes, if you are covered by the BFSG. You must state in your terms and conditions or in another clearly perceptible place how your service meets the requirements, and name the competent market surveillance authority (Sec. 14 (1) no. 2 BFSG with Annex 3).
About the author
Dr. Georg Schröder, LL.M.
Dr. Georg Schröder is a lawyer and writes the guides of Recht 24/7. He explains legal questions so that you can follow them without legal training, and he reviews every guide before it is published.
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