Accessible websites – What will apply from June 2025?

In the coming year, 2025, many companies will have to take a close look at their accessible websites and apps. The Accessibility Strengthening Act (BFSG), which was enacted on July 16, 2021, will come into force on June 28, 2025. This law is based on the EU Accessibility Directive (European Accessibility Act). Public institutions were already largely required to make their websites accessible. In this blog post, we provide a clear overview of what will change for companies in this regard and what this new law entails.

The new law – BFSG – The Accessibility Strengthening Act


The Accessibility Strengthening Act (BFSG) addresses the obligation of private companies to offer certain products and services in an accessible manner. This primarily concerns digital accessibility. Specific details can be found in the legal ordinance and guidelines for the BFSG.

The purpose of the BFSG is to ensure the accessibility of specific products and services in the interest of consumers and users (see Section 1 Paragraph 1 Sentence 1 BFSG).

Accessible websites should ensure that all people, including those with disabilities, have equal access to digital content and services. Accessibility is primarily about taking the goal of ensuring that everyone in Germany and Europe can lead self-determined lives in as many areas as possible. The BFSG is also intended to contribute to achieving this goal. It is intended to ensure that people with disabilities and limitations can participate equally in various products and services. Because the BFSG implements the EU Accessibility Directive into German law, the same technical requirements and information obligations apply across Europe. The purpose of creating uniform requirements is to harmonize the previously partially contradictory accessibility requirements. The uniform regulations are intended to strengthen the internal market and enable more cost-effective accessible products and services within the EU.

The Accessibility Strengthening Act (BFSG) regulates, for example, the following services and products that are provided to consumers or placed on the market after 28 June 2025:

Services:

  • Telephone services
  • eBook software
  • Messenger services
  • Services offered on mobile devices in supra-regional passenger transport
  • banking services
  • Electronic commerce
  • Passenger transport services

Products:

  • Computer
  • Notebooks
  • Tablets
  • Smartphones
  • Self-service machines such as ATMs
  • E-book readers


A more precise definition of the affected products can be found in Section 1(2) of the BFSG, and the affected consumer services are defined in Section 1(3) of the BFSG.
There is generally no longer any transitional period, meaning that from June 28, 2025, the affected products and services must be made accessible when placed on the market.
Any possible exceptions are set out in Section 38 of the BFSG.


What will apply from 2025? What does “accessible websites” mean?

Specifically, the affected products placed on the market or affected services offered from June 28, 2025, must meet the accessibility standards prescribed in the Federal Accessibility Act (BFSG). Products and services are considered accessible if they can be found, accessed, and used by people with disabilities in the usual way, without particular difficulty, and generally without outside assistance (Section 3 (1) Sentence 2 BFSG). The specific requirements that must be met to comply with this new standard are to be specified by legal regulation (Section 3 (1) Sentence 3, Paragraph 2 BFSG).
The products must then undergo a corresponding conformity assessment procedure.

The manufacturer must also have issued an EU declaration of conformity (Section 6 (1) No. 3, Section 18 BFSG) and affixed a CE marking (Section 6 (1) No. 4, Section 19 BFSG).

BFSG – Who is affected?

The BFSG is aimed at all manufacturers, retailers, and importers of the products listed in Section 1, Paragraph 2 of the BFSG, as well as at providers of the services listed in Section 1, Paragraph 3 of the BFSG. However, special rules apply to so-called “micro-enterprises”: Micro-enterprises, i.e., companies with fewer than ten employees and an annual turnover or annual balance sheet total of no more than €2 million (cf. Section 2, No. 17 of the BFSG), are generally not subject to the provisions of the BFSG if they offer or provide services (Section 3, Paragraph 3, Sentence 1 of the BFSG). However, the situation is different for micro-enterprises that market the products listed in Section 1, Paragraph 2 of the BFSG: For these companies, the new regulations apply without restriction and must be observed and implemented accordingly.

BFSG in the B2B sector

A further differentiation takes place between companies that offer their services to consumers (B2C) and companies that offer their services exclusively to other companies (B2B).

The BFSG applies exclusively to the B2C sector and regulates the accessibility of products and services specifically intended for consumers. Services offered exclusively for the B2B sector, however, are not subject to the BFSG’s regulations. This only applies, however, if the services offered are not only aimed exclusively at businesses, but also, contrary to this objective, consumers cannot use them under any circumstances.

However, if a service is designed so that it can also be used by consumers, it constitutes a service provided to consumers in electronic commerce, and the Federal Electronic Commerce Act (BFSG) still applies in this case. Companies wishing to avoid this should explicitly and unambiguously clarify that their contracts are concluded exclusively with commercial customers. In addition, it is recommended to take appropriate measures to ensure that orders from private customers are excluded.

Accessible website – obligations of online retailers


Particular attention must be paid to the services affected in electronic commerce. According to the legal definition in Section 2 No. 26 of the Federal Consumer Protection Act (BFSG), these are telemedia services offered via websites and applications on mobile devices, and provided electronically and at the individual request of a consumer with a view to concluding a consumer contract. Both the provision of information aimed at concluding contracts and the process up to the payment transaction must be designed to be barrier-free.

It is important to emphasize again that these are websites explicitly aimed at consumers (B2C) and therefore aimed at concluding consumer contracts (cf. Section 310 of the German Civil Code). The B2B sector is also explicitly excluded here. There is no further restriction on specific services or products offered on the website, so a large number of companies are likely to be affected.


If websites allow the conclusion of consumer contracts and thus must ensure an accessible ordering process, accessibility requirements do not apply to all subpages of a website. Ultimately, only those parts of a website that facilitate the conclusion of a consumer contract must be accessible. However, this does not apply to specific areas of a website that are aimed at existing contract customers or that merely serve to provide information without aiming at the conclusion of consumer contracts.

The accessibility requirement may also apply to emails if they aim at the conclusion of a consumer contract or a change to the contract (e.g. new terms and conditions).

Accessibility on corporate websites

Depending on the content and objectives of a company’s website, different accessibility requirements may apply under the BFSG.


Online shops and accessibility

The BFSG only applies to websites that offer the possibility of concluding contracts online. This particularly applies to online shops and platforms such as online marketplaces, which are classified as electronic commerce services. If the website has mixed content – ​​that is, a combination of information offerings and functions for contract processing – only those areas directly related to the conclusion of a contract with consumers are subject to the BFSG. In this case, the regulation covers all elements of the website that support the sales process. It is therefore possible that certain sections of a web page on the same website may fall under the requirements of the BFSG, while others are exempt.

Online marketplaces and accessibility

The BFSG also applies to online marketplaces such as eBay or Amazon. The operator of the online marketplace is obligated to comply with the BFSG’s requirements for electronic commerce services. However, if the operator fails to fulfill their obligations to make the online marketplace accessible, the retailer who offers their products on the online marketplace may also be held liable. This applies in particular if the retailer had positive knowledge of the breach (Section 11 (2) Sentence 2 BFSG).

Internet forums and accessibility

Many websites offer the opportunity for users to exchange ideas in a forum. If this is the primary purpose of such a forum, accessibility under the Federal Consumer Protection Act (BFSG) is not required on this website. If a website with a forum is primarily intended to promote the conclusion of contracts with consumers, accessibility under the BFSG with regard to services in electronic commerce would also have to be considered.

Third-party tools and accessibility

When integrating various tools on their website to achieve desired functions, companies and self-employed individuals should consider that these tools must not restrict accessibility, provided the website falls under the Federal Federal Act on Accessibility (BFSG). Here, too, the website’s content is the responsibility of the operator, even if the integrated tools originate from third-party providers. Whether or not such tools are integrated is solely the responsibility of the website operator.

Enforcement of accessibility, fines and warnings

Compliance with the newly established standards will be monitored randomly by the federal states themselves as part of market surveillance, with the Federal Institute for Occupational Safety and Health (BAuA) providing support in this regard. Economic operators are obliged to provide information to the market surveillance authority (see Section 35 BFSG). Consumers who believe that the new standards have not been correctly implemented and their rights have been violated can seek assistance in asserting their rights. In this case, they can contact the state authority responsible for market surveillance in the respective federal state and request that the authority intervene (see Section 32 (1) Sentence 1 of the BFSG). If the relevant state authority does not comply with this request, consumers are free to take legal action through the administrative courts. It is also conceivable for consumers to be represented by an association.

However, associations should also be granted their own right to bring collective action. The same applies to other qualified entities. If the market surveillance authority determines non-compliance with the requirements of the BFSG, it will first request the relevant economic operator to remedy this non-compliance (see Sections 23 (1) Sentence 1 and 30 (1) Sentence 1 BFSG).

In addition, administrative offenses can be punished with fines of up to 100,000 euros (Section 37 BFSG).

In individual cases, the complete prohibition of the provision of any products and services is also conceivable.

It is expected that the new standards of the BFSG will be regarded as a market conduct rule, so that violations of the BFSG can simultaneously be warned as violations of the UWG.


Conclusion on the new accessibility according to the BFSG

With the entry into force of the BFSG, many companies are subject to various obligations related to ensuring accessibility, which they must consider and implement to avoid time-consuming and costly proceedings and fines. The likelihood of another wave of warnings under competition law is also high. Due to the complex and differentiated regulations of the new standards in the BFSG, every company is advised to seek advice from a trusted lawyer at an early stage to clarify which obligations apply to the company and how these obligations are to be correctly implemented. Due to its high relevance, case law interpreting the BFSG and clarifying any ambiguities can be expected soon after the BFSG comes into force.

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