The BFSG and the WCAG: Mandatory accessible website 2025
Effective June 28, 2025, the Barrierefreiheitsstärkungsgesetz (BFSG) will require certain companies to make their online offerings accessible. Germany is thereby legally enforcing the EU directive of the European Accessibility Act (EAA). These regulations are based on the Web Content Accessibility Guidelines (WCAG).
This means that what already applies to public institutions will also become mandatory for some private companies as a consequence of the BFSG: Digital obstacles must be removed to enable people with disabilities, impairments and older people to fully engage with life. Companies affected by the new regulations must therefore adapt their websites accordingly before the deadline.
As an Agency for accessible websites we will provide you in this article with an overview of the BFSG, of which products and companies are affected by it, of exemptions, of the penalties for non-compliance and of the minimum requirements for an accessible website – the WCAG.
Barrierefreiheitsstärkungsgesetz (BFSG)
Since mid-2019, the European Accessibility Act (EAA) has also stipulated a minimum level of accessibility for companies. This required the European member states to pass legislation to enforce the minimum requirements. In Germany, this is precisely what is happening with the enactment of the BFSG.
The BFSG has already been adopted in 2019. However, the law will not come into force until June 28, 2025, once the transition period has ended. The rules for implementation are based on the EN 301 549 standard, which in turn is based on the recommendations of the World Wide Web Consortium (W3C): the WCAG 2.1.
Not to be confused: This is actually not the first time that the EN 301 549 standard and the WCAG have been used as a guideline for internet accessibility legislation. They were also used for regulating the BITV 2.0.
The BFSG vs. the BITV – What’s new?
If you deal with the matter of “accessible websites,” sooner or later you will come across the Barrierefreien-Informationstechnik-Verordnung (BITV) 2.0 and, more recently, the Barrierefreiheitsstärkungsgesetz (BFSG). But what exactly is the difference here and what applies to companies?
Websites of the federal authorities have been required since May 2019 to be accessible, as stipulated by BITV 2.0 and the Behindertengleichstellungsgesetz (BGG). The BFSG also require some private sector companies to make their websites accessible.
Using tools such as the Lighthouse Accessibility Check you can test the accessibility of your website quickly and free of charge.
The BITV and the BFSG are essentially identical. However, there are some differences with regard to minimum requirements: The BITV 2.0 contains 38 additional criteria not present in the BFSG. In summary, the requirements for companies are not quite as high as those for federal institutions.
Who is subject to the BFSG?
According to the BFSG, the accessibility requirements apply to B2C products and services that will be available on the market after June 28, 2025.
Some examples of products that must be accessible starting with June 2025:
- Computers
- Tablets
- Cell phones
- Internet-enabled TVs
- E-book readers and vending machines (e.g. ATMs and ticket machines)
The following service providers are required to make their content accessible:
- Banking services for consumers
- Phone and messenger services
- Passenger transportation
- Mobile apps for interregional transportation
- E-books
- Electronic business transactions
The item “electronic business transaction” is likely to be particularly relevant here. In addition to online stores, this also includes all business transactions, such as booking appointments or contacting a company.
Specific examples of the conditions under which companies are required to implement the BFSG on their website can be found in the Guidelines for the implementation of Barrierefreiheitsstärkungsgesetzes.
Are there exceptions to the implementation of the BFSG?
Although the BFSG stipulates the requirement for accessibility, there are specific exceptions for micro-enterprises and those that would incur an economic risk through its implementation. In addition, extended transition periods apply to certain products and services.
In summary, the following exceptions are included in the Barrierefreiheitsstärkungsgesetz:
- Microenterprises: Companies with fewer than 10 employees and an annual turnover or a balance sheet total of no more than 2 million euros are exempt from the BFSG.
- Impact on performance: In the event that the performance of the product or service is affected by compliance with the BFSG to such an extent that the actual purpose can no longer be fulfilled.
- Economic risk: Companies can be exempted from the requirements if implementing accessibility jeopardizes their financial stability.
- Business-to-Business: In the B2B context, companies are also not affected by the BFSG, as the law applies primarily to the B2C sector (business-to-consumer).
- Transition periods: There are extended deadlines, e.g., until 2040 for self-service terminals.
What penalties/sanctions can be expected in the event of non-compliance with the BFSG as of 2025?
The relevant market surveillance authorities of the federal states are responsible for checking whether companies subject to the requirements adhere to the criteria for an accessible website. In the State of Hesse, for example, the Stabsstelle Landeskompetenzzentrum für barrierefreie Informationstechnik und Durchsetzungs- und Überwachungsstelle (LBIT) is responsible for the implementation of accessibility on the websites and apps of the local authorities. In addition to spot checks carried out by the monitoring authorities, private individuals also have the opportunity to report any online obstacles to the authorities.
For example, if a market surveillance authority determines that your online presence lacks accessibility, you will be asked to make the necessary changes. If you ignore these requests several times, the authority can shut down your online operation and impose severe fines of up to 100,000 EUR.
Minimum requirements for an accessible website: the WCAG
The BFSG requires relevant companies to comply with conformance level AA of the WCAG 2.1. This means that the criteria of WCAG levels A and AA must be met in order to comply with the legal requirements.
Our expertise is reflected in the successful implementation of our customers’ projects. Whether it’s comes to easy read or to accessible navigation, a current example is the integration of accessible elements on the klimaschutz-frankfurt.de website.
WCAG stands for “Web Content Accessibility Guidelines.” These guidelines provide an international standard for the accessibility of web content and define how websites must be designed to ensure that they are as accessible as possible for people with disabilities.
The requirements of WCAG 2.1 are based on four fundamental principles:
- Perceivable: Content must be designed in such a way that all users can perceive it, regardless of whether they have visual, auditory or other limitations. This includes, for example, alternative texts for images and the availability of subtitles for videos.
- Operable: The website must be operable by all users, regardless of their abilities. This means that all functions, including navigation, must be controllable using the keyboard and sufficient time must be provided for interaction.
- Understandable: The information and user interfaces must be understandable. This includes using clear and simple language, consistent navigation and avoiding unexpected context changes.
- Robust: Content must be robust enough to be compatible with a variety of user agents, including assistive technologies such as screen readers, and be displayed correctly.
A detailed breakdown of the requirements entailed by the four principles can be found here:
Conclusion and critique
Let’s summarize everything again: The BITV 2.0 already requires federal websites to be accessible. For certain private-sector companies, the requirement will apply when the BFSG comes into force on June 28, 2025.
The BFSG only hints at which companies are required to have an accessible website. Although it does contain a list of industries, this leaves plenty of room for interpretation. Important criteria are often only included in the small print.
For example, the term “electronic business transaction” is very broad and seems almost arbitrary. Why is that? Here is an example: A hairdressing salon is not actually subject to the BFSG. However, if it offers an online appointment service on its website, this is deemed to be an electronic business transaction. As such, the salon is required to make the entire website accessible. Unless, that is, if it no longer offers the service after June 28, 2025. That would be frustrating for both the hairdresser and the customers. However, the hairdresser would also save several thousand euros on the cost of implementing a completely accessible website. Narrowing the range of contact options creates more obstacles. Instead of dismantling them.
Does that seem to be over the top? We didn’t come up with this scenario. This practical example is taken directly from the guidelines for implementing the BFSG of the Federal Office for Accessibility (Bundesfachstelle Barrierefreiheit).
In addition to vague formulations, there is also the fact that many companies feel they are being held at gunpoint by messages such as the threat of fines of up to 100,000 euro. This is likely to further unsettle many private sector actors.
WCAG 2.1 defines the minimum requirements for accessible websites as per the BFSG. The criteria of conformance level AA (including A) apply. However, the BFSG fails to clearly demarcate itself from the BITV and to clearly state the differences.
Leaving aside the legal aspects, investing in accessible web content is an investment in the future. Because an accessible website also offers many advantages.
