The consequences of the Barrierefreiheitsstärkungsgesetz (BFSG) for online services such as online stores, booking systems and websites

The Barrierefreiheitsstärkungsgesetz (BFSG)

On July 16, 2021, the Bundestag passed the Barrierefreiheitsstärkungsgesetz (BFSG). This requires private companies to make their products and services accessible from June 28, 2025. This means that they should be able to be found, accessed and used by people with physical and cognitive disabilities in the usual way, without any particular difficulty and, in principle, without outside help. 

Am I affected by the BFSG? 

Previously, only public institutions were obliged by the Behindertengleichstellungsgesetz (BGG) to make their websites accessible - for example, the website of the city of Kiel. With the new law, private companies whose products and services fall under the categories mentioned therein are now also called upon to do so. The term online services refers in particular to services in electronic business transactions with consumers. This includes all e-commerce, i.e. all types of business transactions and business processes that are carried out electronically and in which the parties involved communicate with each other electronically. So if you operate an online store or a booking system for appointments or tickets on your website, for example, you should ensure that it is accessible by June 28, 2025. 

Are there any exceptions? 

There is an exception for micro-enterprises that provide services. Companies that employ fewer than 10 people and either have an annual turnover of no more than 2 million euros or a balance sheet total of no more than 2 million euros are not affected by the BFSG. The law makes an exception in two other cases. On the one hand, if compliance would lead to a fundamental change in the product or service so that it can no longer fulfill its intended purpose. On the other hand, if compliance demonstrably represents an additional excessive organizational or financial burden for the economic operator and it is therefore not possible to implement the requirements. In both cases, evidence must be provided to the competent state authority for market surveillance in order to apply for the exemption. 

Which guidelines must be followed? 

Anyone who finds out about the requirements of the BFSG will be confronted with various guidelines: the Barrierefreie-Informationstechnik-Verordnung (BITV 2.0), the Web Content Accessibility Guidelines (WCAG) 2.1 and the DIN EN 301 549 standard. 

The BITV 2.0 was published as part of the Behindertengleichstellungsgesetz and defines the guidelines for accessibility in public websites of the federal government. 

WCAG 2.1 is the international standard for accessibility developed by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C). WCAG 2.1 is divided into three conformance levels: A, AA and AAA. These levels indicate the extent to which the guidelines have been implemented and how accessible a website is. 

The DIN EN 301 549 standard is an EU guideline for web accessibility, which stipulates the fulfillment of the WCAG 2.1 success criteria for conformance levels A and AA. The success criteria of conformance level AAA are listed as extended criteria that are not relevant for all content and only need to be fulfilled if required. The resulting requirements are cited in the Barrierefreiheitsstärkungsgesetz (BFSG). The WCAG 2.1 are therefore to be understood as guidelines for companies affected by this law. 

What accessibility requirements must be met? 

WCAG 2.1 is based on four principles: Web content must be perceivable, operable, understandable and robust. These principles are used to define guidelines, which in turn are concretized in success criteria. 

The WCAG requirements must be implemented at both design and programmatic level. For optimal perceptibility, it is specified to offer text alternatives for images and audio. In addition, the content should be customizable, for example by zooming, and distinguishable from one another through sufficient contrast. This should enable perception with and without assistive technology. Operability should be ensured by making all functionalities accessible with different input devices, e.g. with the keyboard alone or with the mouse alone. In addition, fast animations and flickering content must be avoided to prevent seizures. To ensure comprehensibility, content must be readable and understandable, for example by providing a second version of the online service in simple language. The execution of functions and redirection to other pages or content should be predictable and the occurrence of errors should be avoided as far as possible. This is only a rough summary of the WCAG guidelines. 

In addition to complying with these guidelines, the economic operators concerned are obliged to document the accessibility status of their own website. For this purpose, a subpage is usually linked in the footer, which contains the results of a review and lists any deficiencies. 

Why is the accessibility of my website important? 

People with physical or cognitive disabilities in particular like to use the internet to make purchases, as they are sometimes confronted with major obstacles in the physical world. Various tools help them to navigate the web and make use of services. However, for these to work, websites must be designed and programmed accordingly. The BFSG now makes this mandatory for electronic service providers. However, accessibility is not only useful for people with disabilities - non-technical users and older people also benefit from simplified usability. What's more, anyone can be affected due to increasing age or temporary restrictions such as injuries. 

How do I find out whether my website is accessible? 

There are various tools that can be used to quickly check the accessibility of a website or app. These include the "Lighthouse" test, which can be started via the developer tools in the Chrome browser. Among other things, Lighthouse offers a superficial, general accessibility check and provides a quick overview of potential problems. Another tool is "Wave" (https://wave.webaim.org), which examines websites in much greater detail and specifically checks conformity according to WCAG at the various conformity levels. Once the checks have been carried out, potential errors in the code that need to be rectified are listed. However, these tools cannot make any statements about the actual user experience and usability by people with disabilities. For this purpose, it is advisable to test websites with the assistive technologies used or, in the best case, to have them tested by affected persons. To ensure that all BFSH requirements are met, it is advisable to have a detailed audit carried out in which all WCAG success criteria are checked using advanced tools and a manual review. 

What happens if I don't make my website accessible? 

From 28.06.2025, affected websites will be randomly checked for accessibility. If the requirements of the BFSG are not met, the website will first be required to be rectified or removed from the market. If this is disregarded, a fine of between €10,000 and €100,000 can be imposed. In the case of a random check, the probability of being checked yourself does not appear to be too high. However, you should not rely on this - because everyone has the opportunity to report violations to the responsible state authority. 

Conclusion 

If accessibility has not yet been implemented, this should be tackled as soon as possible. Testing and implementing an accessible design and code can take a long time, depending on the current status. Companies should take the law seriously and not risk any fines. They also contribute to the digital participation of people with physical and cognitive disabilities, as these people in particular benefit from e-commerce and can become valuable customers if they have a positive user experience on your website.