The single market and accessibility: the new German Accessibility Strengthening Act (BFSG) places greater obligations on manufacturers and retailers

The new German Accessibility Strengthening Act (BFSG) enters into force in Germany on 28 June 2025. The national legislator is thereby transposing Directive (EU) 2019/882 into national law. The directive aims to establish uniform accessibility standards for services and products in the B2C sector. Companies offering consumer products and services in the IT and telecommunications sectors should therefore use the remaining time to check that their offering complies.

Who does the BFSG apply to?

The act applies to manufacturers, retailers and importers of information technology and telecommunications products and services that are placed on the market or provided after 28 May 2024.

Specifically, it covers products (section 1(2) BFSG) such as

Consumer general-purpose computer hardware systems, including the operating system

Self-service terminals such as payment terminals, cash machines, ticketing machines, check-in machines and self-service terminals

Smartphones and similar devices

E-book readers

and the following services (section 1(3) BFSG):

Telecommunications services, except machine-to-machine communication

Services relating to passenger transport (websites, apps, electronic tickets or other management of travel information)

Banking services

Provision of e-books

E-commerce services

Under section 3(3) BFSG, special guidelines drawn up by the Federal Ministry of Labour and Social Affairs (BMAS) apply to micro-enterprises (section 2, no. 17: fewer than 10 employees and annual revenue of no more than EUR 2 million) that provide services (!).

What accessibility requirements apply?

Products and services are accessible if people with disabilities can find, access and use them in the customary manner, without particular difficulty and, in principle, without assistance (section 3(1), sentence 2 BFSG). What this means in detail is set out in particular in the Ordinance to the Accessibility Strengthening Act (BFSGV), which was adopted at the same time. Section 4 BFSG also refers to “harmonised standards”. The “Accessibility requirements for ICT products and services” (EN 301 549) are likely to be particularly relevant here. For websites, EN 301 549 in turn refers to the “Web Content Accessibility Guidelines” (WCAG) issued by the W3C standards organisation.

Both the output and input of digital services or products must serve as many different sensory channels as possible, be adaptable to them and be accessible overall to the broadest possible group of users.

The requirements for products (sections 4 and 6 BFSGV) relate to the information provided about the product as well as its operation, packaging and instructions.

Examples include:

Information about the product must be provided through more than one sensory channel (e.g. text-to-speech)

be presented in an intelligible manner

use an appropriately large font

include a description of the product’s user interfaces, such as handling, control and feedback, input and output

operation must also provide alternatives to voice input, for example

where audio or visual elements are used, it must be possible to adjust their volume, size or display colour

section 5 BFSGV also sets out further requirements for product packaging or instructions

Sections 13 et seq. BFSGV also govern the accessibility requirements for services provided to consumers. Specific provisions apply to telecommunications services (section 14), passenger transport services (section 15), banking services (section 16), services relating to e-books (section 18) and e-commerce services (section 19).

These rules are comparable to the product requirements illustrated above. Here too, consideration must be given to sensory abilities as well as, for example, particular ease of use, such as for older people or people with cognitive impairments.

What is required for the EU declaration of conformity and CE marking?

As part of the conformity assessment procedure under section 18 in conjunction with Annex 2 BFSG, the manufacturer must maintain technical documentation demonstrating compliance with requirements such as those of the BFSGV set out above. In addition to a general description of the product, this documentation must list the harmonised standards and technical specifications, their references in the Official Journal of the European Union, and the respective solutions used to comply with the BFSGV.

Under section 19 in conjunction with Annex 2 BFSG, the manufacturer affixes a CE marking to confirm conformity.

How is the BFSG monitored/enforced?

At federal state level, market surveillance authorities are to act as monitoring and reporting bodies (sections 20 et seq. BFSG). Infringements may result in fines or, for example, an order to withdraw or recall a product. Failure to comply is also likely to give rise to competition law claims by competitors and associations.

Conclusion: companies need to act now

In principle, the European legislator has achieved its aim here of creating legal certainty by harmonising product accessibility requirements. This does not mean, however, that the extensive requirements spread across a wide range of legal sources are easy for companies to understand and implement.

Clarius has many years of experience in compliance and product safety. We will be glad to support you in adapting your products and services to all requirements by 28 June 2025.

Enquire now