BFSG Compliance Check: Does Germany's Accessibility Law Apply to My Website?

Since 28 June 2025, the Barrierefreiheitsstärkungsgesetz (BFSG), Germany's digital accessibility law, has been in force. Many business owners are now asking: Am I affected? Does my website need to be accessible right now? The answer is not a straightforward yes or no. It depends on what your website does, how large your company is, and whether you offer products or services.

The question sounds simple. In practice, it gives many managing directors headaches. The law has several exceptions, the terms "product" and "service" are defined more narrowly than in everyday usage, and many companies wrongly assume they are automatically exempt as B2B providers.

This quick-check helps you answer the question in a few minutes. You'll find the complete guide to accessible websites in the pillar article for this category.

What Does the BFSG Actually Regulate?

The Barrierefreiheitsstärkungsgesetz (BFSG) transposes EU Directive 2019/882 into German law. According to the Federal Centre for Accessibility (Bundesfachstelle Barrierefreiheit), the law applies from 28 June 2025 onward, covering products placed on the market from that date and services provided from that date. The goal is straightforward: people with disabilities should be able to use digital offerings on equal terms.

What surprises many people is this: the law does not only apply to public bodies such as authorities and universities. Those have been subject to BITV 2.0 for years. The BFSG is the new law for the private sector. It targets companies that are active in the market.

BFSG vs. BITV vs. WCAG: What Is What?

Three acronyms come up again and again on this topic.

WCAG (Web Content Accessibility Guidelines) is the international technical standard published by the W3C (World Wide Web Consortium). It defines specific success criteria at three levels: A, AA, and AAA. Level AA is the legal minimum standard for private companies.

BITV 2.0 (Barrierefreie Informationstechnik-Verordnung, Germany's Accessible Information Technology Ordinance) applies exclusively to public bodies: government agencies, universities, and state institutions. It's not new, and it does not directly affect most private-sector companies.

The BFSG is the new obligation for businesses. It builds technically on WCAG 2.1 AA criteria, but also adds organisational requirements, such as conformity statements and accessibility declarations on your website. Meeting the BFSG means you also meet the WCAG requirements technically. The reverse is not automatically true: WCAG conformance alone is not enough if the organisational BFSG obligations are missing.

Who Does the BFSG Apply To: Affected Parties and Exceptions?

The law applies to all companies that offer products or services involving consumers in Germany. "Involving consumers" means there must be a connection to end customers (private individuals), not just to other businesses. Companies operating exclusively B2B generally fall outside the law. The question is not always straightforward to answer, which is why an individual review makes sense.

The Micro-Enterprise Exemption

An important exception applies to very small businesses. Companies with fewer than 10 employees and annual revenue of at most €2 million qualify as micro-enterprises. These businesses are exempt from the BFSG for services.

One important caveat: the exemption applies only to services. A micro-enterprise that sells physical or digital products, such as software, hardware, or digital content, is still subject to the obligation. This includes small online shops.

Why Many Mid-Sized B2B Companies Are Affected Anyway

A common misconception trips people up here. "We're B2B, so this doesn't apply to us." That's only partially true.

First: many B2B companies also serve private customers at the same time, for example through a publicly accessible online shop or a booking portal. As soon as consumers can use your website, you fall within the scope of the BFSG.

Second: websites offering services in hospitality, passenger transport, or tourism also fall explicitly under the law. A hotel or tour operator that books only corporate travellers is in a legal grey zone the moment its booking platform is publicly accessible.

Third: even if you're certain today that you operate purely B2B, a review is worthwhile. The legal boundaries are not always clear-cut.

Quick decision tree:

• Do you have 10 or more employees, or annual revenue above €2 million?
  • If yes: you are not a micro-enterprise. Go to step 2.
  • If no: you may be exempt as a micro-enterprise, but only if you provide services exclusively. The exemption does not apply to products.
• Do you offer products or services to consumers (not just to other businesses)?
  • If yes: the BFSG applies to you. Go to step 3.
  • If no: you are probably not affected. We still recommend seeking legal clarification.
• Does your website include a transaction? (Purchase, booking, registration, payment?)
  • If yes: your website is directly covered by the BFSG.
  • If no: pure information websites without transactions are generally not subject to the obligation.

Which Online Offerings Are Specifically Covered by the BFSG?

The BFSG distinguishes between products and services. This distinction determines not just the obligation itself, but also transition periods and the micro-enterprise exemption. After years of working with business websites, we've found that the most common confusion arises at precisely this point.

What Is a "Service" Under the BFSG?

A service under the BFSG is an offering through which consumers access a benefit. § 2 BFSG defines the affected categories concretely:

So if your website includes a booking form, a shopping cart, a customer portal, or a payment screen, it qualifies as a service platform.

What Is a "Product" Under the BFSG?

Products in the BFSG context are physical or digital goods: hardware (such as computers, smartphones, and tablets), software applications, operating systems, ATMs, and self-service terminals. Anyone who manufactures or distributes such products is affected regardless of company size. The micro-enterprise exemption does not apply here.

What Is NOT Covered?

Pure information websites without transactions generally fall outside the BFSG. A website that contains only information about a company, its team, and its services, with no option to buy, book, or pay, is not a "service" in the legal sense.

That said, caution is warranted. The line between a pure information site and a transactional site is blurry. Once a contact form functions as a booking form, a configurator triggers an order, or a members-only area exists, that line has been crossed.

What Penalties Apply for BFSG Violations?

The law has teeth. § 37 para. 2 BFSG provides for fines of up to €100,000 for individual violations. This covers both the supply of non-conforming products and the provision of non-conforming services.

Fines and Cease-and-Desist Letters

The size of the fine depends on the severity of the violation, the size of the company, and the economic advantage the company gained through non-compliance. Beyond government sanctions, cease-and-desist actions by associations are also possible: recognised disability associations and consumer protection organisations can file injunctions against companies that disregard the BFSG.

Germany has a long history of warning waves following new legal requirements. It's reasonable to expect the same with the BFSG, once market surveillance becomes active.

Who Monitors Compliance?

Enforcement falls to the market surveillance authorities of the individual German states (Länder). According to the Federal Ministry of Labour and Social Affairs (BMAS), the Federal Institute for Occupational Safety and Health (BAuA) coordinates market surveillance at the federal level. In addition, the Federal Government Commissioner for the Interests of Persons with Disabilities operates a conciliation body where affected consumers can lodge complaints.

How active enforcement will be in practice will become clear over the coming years. Experience from other EU countries suggests enforcement starts reactively, responding to complaints and reports from consumer associations. Companies that visibly document their compliance are in a significantly stronger position in such proceedings than those that have ignored the issue entirely.

The Transition Period Until 2030: Conditions and Pitfalls

§ 38 BFSG provides a transition period for existing service contracts: until 28 June 2030, ongoing contractual relationships do not yet need to be fully adapted. This applies only if earlier adaptation would represent a disproportionate economic burden.

This deadline is not a free pass. First, it covers only existing services, not new ones. Anyone launching a new website or offering a new service today must comply immediately. Second, companies must actively be able to demonstrate the disproportionality. Those who cannot are obliged to act now.

Does the BFSG Also Apply to Mobile Apps?

Yes. Mobile applications that give consumers access to a service fall under the BFSG just like websites. An online shop that offers both a web version and an app must make both channels accessible. The same technical standards apply to native apps as to web applications: WCAG 2.1 AA as the minimum requirement.

This is particularly relevant for companies in retail, tourism, and financial services that rely heavily on app interactions. A accessible website without an accessible app does not protect against fines if the app channel contains transactional functions.

The Practical BFSG Quick-Check for Your Website

Answer these six questions honestly. You don't need technical knowledge to do this. According to a report by Aktion Mensch, Google, and the Stiftung Pfennigparade, four out of five German online shops failed basic accessibility tests. The Bitkom practical guide to BFSG implementation shows that most companies underestimate how many of their digital offerings fall under the law.

1. Do you have 10 or more employees, or annual revenue above €2 million? If yes: the micro-enterprise exemption does not apply to you.

2. Can visitors buy, book, pay, or register on your website? If yes: your website is a "service" under the BFSG and is directly affected.

3. Do you manufacture or distribute digital or physical products? If yes: you are affected regardless of company size.

4. Is your website accessible to private individuals? If yes: the consumer connection exists, even if your core business is B2B.

5. When was your current website last substantially redesigned? If before 2020 or earlier: the likelihood of technical accessibility issues is very high.

6. Do you already have an accessibility statement on your website? If no: you are not yet meeting one of the formal BFSG requirements.

Anyone who answers three or more of these questions with "yes" should take action. Anyone who answers all six with "yes" has a concrete need to act now, not in 2030.

What Are the Concrete Next Steps?

If the quick-check confirms the BFSG applies to you, there are four sensible steps to take.

Step 1: Baseline audit. Have your current website checked for WCAG 2.1 AA conformance. Automated tools such as Lighthouse or axe capture roughly 30 to 57 % of all issues. A complete assessment also requires manual testing with real keyboard navigation and screen reader software.

Step 2: Clarify your legal classification. Does your offering count as a "product" or a "service"? Does the transition period apply to you? These questions are not always easy to answer on your own. A brief conversation with a lawyer specialising in IT law, or with a specialist body, provides clarity.

Step 3: Prioritise and implement. Not all barriers carry the same weight. Critical issues, such as missing form labels or areas completely inaccessible by keyboard, take priority. Colour contrast, alt texts, and structure come next. A clear action plan with a timeline gives you confidence.

Step 4: Publish an accessibility statement. The BFSG requires an accessible statement on your website documenting which standards you meet, which known exceptions exist, and how users can report accessibility problems. This statement makes sense even if you're not yet fully compliant. It shows you're taking the issue seriously.

Companies that work through these four steps systematically are in a noticeably stronger position than their competitors. Most mid-sized websites in Germany today do not fully meet any of the four steps. That's a problem for those affected, but it's an opportunity for any company that acts now. Accessibility is not a project you complete once and then forget. It's a quality requirement that belongs permanently in the development and maintenance process.

Related Evelan Articles

• Accessible Website: The Complete Guide for Businesses
• CMS Content Strategy: An Overview of All Channels
• Why a Business Website Is Indispensable

Sources

• gesetze-im-internet.de: Barrierefreiheitsstärkungsgesetz (BFSG) — Full Text (2025)
• gesetze-im-internet.de: BFSG § 2 — Definitions and Covered Service Categories (2025)
• gesetze-im-internet.de: BFSG § 37 — Penalty Provisions (2025)
• gesetze-im-internet.de: BFSG § 38 — Transitional Provisions (2025)
• Federal Centre for Accessibility (Bundesfachstelle Barrierefreiheit): The BFSG — Overview and Entry into Force (2025)
• Federal Centre for Accessibility (Bundesfachstelle Barrierefreiheit): FAQ on the BFSG (2025)
• BMAS (Federal Ministry of Labour and Social Affairs): BFSG — Purpose and Market Surveillance (2025)
• Bitkom: Implementing the Barrierefreiheitsstärkungsgesetz — Practical Guide (2025)
• Federal Centre for Accessibility / Aktion Mensch: Accessibility Test Report for Online Shops — Four in Five Fail (2024)
• European Parliament and Council: Directive (EU) 2019/882 — European Accessibility Act (2019)