BFSG - Accessibility Reinforcement Act

What are the objectives of the BFSG?

The FSIA aims to facilitate access to products and services for people with various disabilities and to remove barriers:

• Improving the accessibility of products and services
  The FSIA aims to ensure that certain products (such as computer hardware, ATMs, payment terminals) and services (such as e-commerce, banking services, public transportation) are more accessible for everyone, especially for people with disabilities.
• Promote equal opportunities
  The FSIA should give affected persons better access to technologies and services, which will improve their participation in social and economic life.
• Strengthen inclusion
  The FSIA supports the implementation of the UN Convention on the Rights of Persons with Disabilities and contributes to a more inclusive society in which all people are integrated on an equal footing.
• Creating a uniform framework in the EU
  Uniform requirements and standards are to be defined in the EU in order to reduce barriers in the internal market and ensure that accessible products and services can be offered across borders.
• Facilitating participation in social life Accessible products and services should enable those affected to participate more in social, cultural and economic life.
• Preventing discrimination
  A key objective is to combat discrimination by giving everyone equal access to essential services and products.

These goals promote both equal opportunities and a more inclusive society by specifically improving the accessibility and participation of affected groups of people.

Which companies are affected by the BFSG?

The BFSG primarily affects companies that offer products and services to consumers that are publicly accessible. This includes in particular

1. Manufacturers of products

   • E-commerce websites: Online stores and platforms on which goods and services are sold must be barrier-free from 2025. This includes, for example, websites for the sale of products or booking portals for travel, events, etc.
   • Financial services: Websites of banks and financial institutions that offer online banking, lending or other digital financial transactions.
   • Transport service providers: Websites of public and private transport providers that offer passenger information, bookings or ticket purchases.
   • Communication services: Providers of email services, telephony or other communication services.

1. Service providers

   Companies that offer services to the public, in particular

   • Telecommunication services (e.g. telephone and internet services)
   • Passenger transportation services (e.g. air, bus, coach and boat transport)
   • Companies that provide public websites or mobile apps
     If companies offer digital services (e.g. e-commerce, banking apps), these must also comply with accessibility requirements.
   • Companies that provide self-service terminals
     This includes, for example, operators of vending or information machines that are accessible to the public.

The BFSG applies to companies in various sectors, provided their products and services fall within the scope of the law. In some cases, smaller companies are exempt from certain requirements if these would represent a disproportionate burden. The aim is to ensure access to products and services for all people, including people with disabilities.

Which companies are exempt from the BFSG?

Certain companies are exempt from the BFSG. Specifically, this applies to the following companies or products:

• Micro-enterprises
  Micro-enterprises (with fewer than 10 employees and an annual turnover or annual balance sheet total of less than EUR 2 million) are exempt from the requirements of the BFSG.
• Companies without a consumer focus
  Companies that only offer B2B services that are not intended for end consumers are generally not subject to the BFSG. The law aims to improve accessibility for consumers and therefore primarily affects companies that provide products and services to end users.
• Products or services that do not fall under the scope of the BFSG
  Products or services that are not explicitly listed in the law, such as specialized industrial devices that are not intended for the general public, are also not affected.
• Companies with a disproportionate burden under the Act
  A disproportionate burden may exist if compliance with the accessibility requirements imposes an additional excessive organizational or financial burden on the economic operator and it is not reasonably possible for the economic operator to apply one or more of the accessibility requirements of this Act in full.

These exemptions are intended to ensure that companies are not unduly burdened and that the requirements of the law can be implemented proportionately, especially when it comes to smaller or very specialized companies.

Under what circumstances are micro-enterprises covered by the BFSG?

Micro-enterprises are not generally exempt from the accessibility obligation if they offer products or services that are publicly accessible and fall within the scope of the BFSG.

This means that even micro-enterprises that offer products such as self-service terminals, consumer terminals or services such as telecommunications services are obliged to meet the relevant accessibility requirements.

BFSG advisory service for micro-enterprises

The Federal Specialist Agency for Accessibility offers micro-enterprises support in implementing the Accessibility Reinforcement Act. Companies that are not covered by the Act can also take advantage of advice if they wish to offer accessible services. Further information can be found on the website of the Federal Agency for Accessibility.

Which products and services are affected by the BFSG?

The BFSG applies to products and services that are intended to ensure widespread use by people with disabilities. Specifically, the following products and services are affected:

1. Products

   • Consumer devices with an interactive range of services, e.g. for the provision of
   • Telecommunications or audiovisual media services
   • Self-service terminals, such as ATMs or ticket machines
   • E-book readers

1. Services

   • Telecommunications services
   • Passenger transportation services
   • Banking services for consumers
   • E-commerce services
   • Support services, e.g. help desk or call center

The law covers both physical products and digital services that are offered to the public, such as e-commerce websites or mobile banking apps.

What are the benefits of the BFSG for companies?

Even if your company is not legally obliged to implement the BFSG, it may well be worthwhile creating accessible digital offerings.
The most important advantages are

• Extended target group and more user access
  Accessible digital offerings enable all people to visit a website without barriers and to understand the content.
• Improved user experience
  Accessible websites and applications are designed for people with disabilities, but provide a better user experience (UX) for all users. This can lead to higher customer satisfaction and loyalty.
• Better search engine rankings
  Accessible websites are often better structured and more accessible to search engines. This makes it easier for search engines to understand and index the content of the website, which can lead to higher visibility on Google and other search engines.
• Strengthening brand reputation and corporate image
  Companies that actively promote accessibility show that they take responsibility and are committed to meeting the needs of all people. This strengthens their image as a socially responsible organization and can sustainably improve customer loyalty and trust in the brand.

By using CCM19, you can be on the safe side from the outset to ensure that your cookie banner meets all the requirements that are or will be mandatory under the GDPR and the BFSG.

Relevant accessibility guidelines and standards

The Barrierefreiheitsstärkungsgesetz (BFSG) is closely linked to other important regulations and standards that promote accessibility in Germany and the EU:

• Web Content Accessibility Guidelines (WCAG)
  The WCAG form the international standard for accessibility on the web and serve as the basis for the accessible design of digital content. They help to design websites and applications in such a way that they are more accessible for all user groups.
• Barrier-free Information Technology Ordinance (BITV)
  The BITV specifies the requirements of the BGG and regulates the barrier-free design of information technology. It ensures that public bodies make their digital services accessible to people with disabilities.
• EN 301 549
  EN 301 549 is a European standard that defines technical requirements for the accessibility of ICT products and services. It serves as a basis for the design of accessible websites and applications and helps to meet the requirements of the BFSG.

What measures are required for the BFSG-compliant design of websites?

In order to implement the BFSG on a website, it must be ensured that the website is accessible to all users, including people with visual or hearing impairments, motor impairments and cognitive disabilities. Not only the design, but also the user-friendliness and the accessible provision of information are important for accessibility. The following must be taken into account during implementation:

1. Design requirements

   • Clear navigation: Websites should have a clear and intuitive structure so that users can navigate easily.
   • High color contrast: Adequate contrast between text and background ensures better visibility, especially for visually impaired people.
   • Minimize visual stimuli: The use of flashing or moving content should be avoided so as not to overwhelm people with cognitive impairments.
   • Simple language: Simple and easy-to-understand language is necessary to make content accessible to a wide audience.
2. 
   

   Accessibility statement

   According to the BFSG, an accessibility statement must be included on the website. This should explain the extent to which the website is accessible and what measures have been taken to achieve this. The statement should also contain information on how visitors can contact the website operator in the event of accessibility issues.

   • Telecommunication services (e.g. telephone and internet services)
   • Passenger transportation services (e.g. air, bus, coach and boat transport)
   • Companies that provide public websites or mobile apps
     If companies offer digital services (e.g. e-commerce, banking apps), these must also comply with accessibility requirements.
   • Companies that provide self-service terminals
     This includes, for example, operators of vending or information machines that are accessible to the public.
   
   

   Technical requirements

   • Labels and alternative texts: All multimedia content, especially images and videos, must be provided with alternative texts and subtitles.
   • Keyboard control: The entire website should be fully navigable without a mouse, using keyboard input only.
   • Accessible PDF documents: All PDF documents must be designed to be accessible and readable by screen readers.
   • Adaptation to assistive technologies:
     The website must be compatible with screen readers and other assistive technologies so that people with visual or hearing impairments can use the content.

These measures are central components of the BFSG and help to ensure web accessibility in accordance with legal requirements. For further information on the accessible design of websites and compliance with international standards, you can take a look at the Web Content Accessibility Guidelines (WCAG).

Funding programs for the BFSG

There are various funding programs and support services that help companies and public institutions to implement the Accessibility Strengthening Act (BFSG) and make their websites accessible. These programs aim to lower the financial and technical hurdles for the implementation of accessible websites. There are:

• Funding programs at federal level
  In Germany, there are various funding programs at federal level that can be used to implement digital accessibility.
• Funding from the federal states
  Many federal states offer their own programmes that promote digitization measures, which often also include accessibility.
• EU funding programs
  The European Union also offers funding opportunities that may be relevant for the implementation of accessibility.
• Funding from disability associations and foundations
  Disability associations and foundations also offer support and, in some cases, financial assistance with the implementation of accessibility.
• Support from advice centers and networks
  In addition to financial support, there are also advice centers and networks that can help with the implementation of website accessibility. These often offer free or subsidized consulting and training services.

Conclusion

The Barrierefreiheitsstärkungsgesetz (BFSG) is an important law that will stipulate digital accessibility for many websites and applications in Germany from 2025. The aim is to give people with disabilities equal access to important products and services.

Implementing the BFSG not only helps to fulfill legal obligations, but also improves user-friendliness and strengthens brand reputation.

Companies can also benefit from support programs that help them comply with the new standards. The BFSG thus promotes equal opportunities and inclusion, which brings numerous benefits for both people with disabilities and companies.