Germany: Ready for the EAA? European Accessibility Act implementation entering into force on 28 June 2025

The German Accessibility Strengthening Act (“Barrierefreiheitsstärkungsgesetz”, or “BFSG”) will take effect on 28 June 2025. It implements the accessibility requirements of Directive (EU) 2019/882 (“European Accessibility Act”, or “EAA”).

The BFSG is complemented by the Ordinance on the Accessibility Strengthening Act (“Verordnung zum Barrieferefreiheitsstärkungsgesetz”, “BFSGV”) of 22 June 2022, which defines specific accessibility requirements for the products and services covered by the BFSG. 

These new laws apply to economic operators offering or participating in the provision of certain goods and services to consumers in Germany. Affected companies must ensure that their products and services can be used by individuals with visual, auditory, motor or cognitive impairments without particular difficulty, and without the need for third-party assistance, in principle. In the public sector, pre-existing German accessibility laws continue in force and effect (BGG/BITV 2.0).

This article provides practical guidance on the scope of the German EAA implementation law, key compliance obligations and technical standards that companies should adhere to in order to avoid legal risks. For an overview of the broader European context, please refer to Bird & Bird’s previous article here: European Accessibility Act: is it time to update your websites, products & services to meet Europe’s accessibility requirements?

Scope of the BFSG

Which products are affected by the BFSG?

The products covered under the BFSG are listed exhaustively in Section 1 (2) BFSG:

1. hardware systems for general-purpose computers for consumers, including operating systems intended for these hardware systems
2. the following self-service terminals
   1. payment terminals and their hard- and software 
   2. automated teller machines (ATMs)
   3. ticketing machines
   4. check-in machines
   5. interactive self-service terminals providing information, excluding terminals installed as integrated parts of vehicles, aircrafts, ships or rolling stock
3. consumer terminal equipment with interactive capability, used for telecommunications services
4. consumer equipment with interactive computing capability, used for accessing audiovisual media services; and
5. e-book-readers

Which services are affected by the BFSG?

The services covered under the BFSG are listed exhaustively in Section 1 (3) BFSG:

1. telecommunications services with the exception of transmission services used for the provision of machine-to-machine services
2. the following elements of air, bus, rail and waterborne passenger transport services, except for urban, suburban and regional transport for which only the elements under point e. apply
   1. websites
   2. mobile device-based services including mobile applications
   3. electronic tickets and electronic ticketing services
   4. delivery of transport service information, including real-time travel information; this shall, with regard to information screens, be limited to interactive screens located within the territory of the Union and
   5. interactive self-service terminals located within the territory of the Union, except those installed as integrated parts of vehicles, aircrafts, ships and rolling stock used in the provision of any part of such passenger transport services
3. consumer banking services
4. e-books and dedicated software and
5. e-commerce services.

Which exemptions apply? 

Section 1 (4) BFSG exempts the following content of websites and mobile applications from the scope of the new law:

1. pre-recorded time-based media published before 28 June 2025;
2. office file formats published before 28 June 2025;
3. online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use;
4. third-party content that is neither funded, developed by, or under the control of, the economic operator concerned;
5. content of websites and mobile applications qualifying as archives, meaning that they only contain content that is not updated or edited after 28 June 2025.

Are there further exemptions?

In addition, the BFSG provides two exemptions to compliance with the accessibility obligations. An economic operator may be exempt if:

1. meeting the requirements would result in a fundamental change to the relevant product or service’s essential characteristics, or 
2. compliance places a disproportionate burden on the economic operator.

A 'fundamental change' may mean that meeting accessibility criteria would significantly alter the product or service, preventing it from serving its original purpose.

Whether a requirement imposes a disproportionate burden necessitates a thorough, documented, individual evaluation considering the criteria listed in Annex 4 of the BFSG. Essentially, this involves carefully weighing up the interests involved, taking into account, inter alia, the economic operator’s compliance costs, as well as the total costs (operating and investment expenditure) of manufacturing, distributing or importing the product or providing the service, and the benefits for people with disabilities.

Because detailed guidance is currently unavailable, the requirements and thresholds for applying these exceptions remain uncertain. However, businesses should expect courts and public bodies to interpret these exemptions rather conservatively.

Which businesses are affected by the BFSG?

The BFSG establishes obligations for all economic operators whose services or products fall within the scope of the BFSG. Section 2 no. 15 BFSG defines economic operators as manufacturers and their authorised representatives, importers, distributors, as well as service providers. 

The BFSG does not apply to small-sized enterprises, meaning enterprises which employ fewer than 10 persons, and which have an annual turnover not exceeding EUR 2 million, or an annual balance sheet total not exceeding EUR 2 million (Section 3 (3) BFSG). 

When does the BFSG apply? 

The BFSG will come into effect on 28 June 2025. It will apply to relevant products placed on the Union market for the first time after this date, i.e. from 29 June 2025 onwards, and to relevant services provided to consumers after this date. 

Section 38 of the BFSG provides for a transitional period in the following cases:

• Service providers may continue to provide their services until 27 June 2030 using products that they have already lawfully used before 28 June 2025 to provide those or similar services. This may include older e-book-readers, smartphones or tablets.  
   
• Existing service contracts that were concluded before 28 June 2025 can remain unchanged until they end, but no later than 27 June 2030. This may include subscriptions for streaming-services or other type of subscriptions. 
   
• Self-service terminals that were installed before 28 June 2025 and complied with the applicable rules at that time may continue to be used until they reach the end of their service life, but no longer than 15 years after they were put into operation.

What is the BGG and BITV 2.0?

The Barrierefreie-Informationstechnik-Verordnung (“BITV 2.0”) is part of Germany’s Disability Equality Act (the “BGG”). BGG and BITV 2.0 implement the digital accessibility directive for public bodies (Directive (EU) 2016/2102) and remain the primary legal framework applicable to federal public sector bodies. In addition, each Federal State in Germany has accessibility laws governing the public sector bodies of their respective federal state.

Accessibility requirements

What are the general accessibility requirements?

According to Section 3 (1) BFSG, relevant products and services must be made “findable, accessible and usable” for people with disabilities “in a generally usual manner, without particular difficulty and, in principle, without external help”. 

This does require, inter alia, adhering to a two-sense principle, with content presented in an understandable way and in a font of an appropriate size, in a suitable typeface and contrast, and in a way that users can perceive. For each form of presentation used (e.g. in the form of text, images, videos, audio) an alternative should be offered so that people who cannot perceive this form of presentation or can only poorly perceive this form of presentation due to a disability can also access the information.

What are the specific requirements for services?

Like the EAA, the BFSG only sets out abstract accessibility requirements. More specific implementation requirements are set out under the BFSGV; for e-commerce services (such as web shops) in Sections 3, 12, 13, 19, 20, 21 of the BFSGV. 

For instance, Section 12 BFSGV regulates that websites and services offered on mobile devices (including mobile apps) must be designed in consistency with the following principles: 

(a) Perceivability: Information and user interface components must be presented in ways users can perceive, including by deaf or blind people or people with visual impairments or colour blindness. 

(b) Usability: The user must be able to handle the components of the user interface and the navigation.

(c) Understandability: The information and the user interface must be understandable, including by way of using understandable language.

(d) Robustness: The content must be sufficiently robust to be reliably interpreted by a variety of user agents, including assistive technologies.

Generally, an alternative should be offered for each of the forms of presentation (e.g. text, images, videos or audio) on a website, so that people who are unable to perceive a form of presentation, or can only do so poorly, due to a disability, can access the information displayed (e.g. subtitles for videos or a textual description of images). 

Displaying text appropriately (by using different font size, sufficient contrast and spacing between letters, lines and paragraphs, spacing etc.) may likewise be necessary. 

Information provided in text formats must be suitable for consumers to generate alternative assistive formats that can be displayed in different ways and perceived through more than one sensory channel.

In relation to products or services with certain modes of operation (e.g. visual or voice input to navigate the user interface), Section 21 BFSGV prescribes the necessary mandatory alternative modes of operation to overcome relevant disabilities (so-called functional performance criteria).

Are there practical guides to help implement these requirements in practice?

Against the background of the complex legal framework under the BFSG and BFSGV, it is recommendable to rely on internationally recognised norms or technical specifications when implementing accessibility requirements such as the European harmonised norm EN 301 549, the latest version of European Union’s current harmonised digital accessibility standard which integrates the Web Content Accessibility Guidelines (WCAG) 2.1 in its entirety. EN 304 549 will be updated to refer to WCAG 2.2, the successor version of WCAG 2.1. 

In Germany, the Federal Agency for Accessibility is mandated to publish practical guidance on the technical implementation of the BFSG on its website (Bundesfachstelle Barrierefreiheit - Startseite). They have published Guidelines for the application of the Accessibility Act and a series of webinar guidance, available here. The German Ministry for Labor and Social Affairs also provides guidelines for the implementation of BFSG available here. 

Information obligations

Which information obligations apply?

In addition to the technical implementation requirements, the BFSG also foresees information obligations for economic operators. For instance, Section 14 BFSG in conjunction with its Appendix 3) requires service providers to provide the following information to consumers:

• a general description of the relevant service; 
• descriptions and explanations necessary for understanding how the service is provided;
• how the service fulfils the relevant accessibility requirements; as well as
• an indication of the competent market surveillance authority.

Other economic operators such as manufacturers are subject to information and labelling obligations which are set out, inter alia, in Section 7 and 10 BFSG.

What is the accessibility statement?

The information obligations can typically be fulfilled by providing a so-called accessibility statement via a hyperlink on the website footer or in relevant terms and conditions. The EU legislator published a Model Accessibility Statement which may serve as initial guidance. However, it is important to note that this is made available for public bodies which are subject to stricter and more extensive information obligations under Directive (EU) 2016/2102. 

Consequences of non-compliance

Violations of the accessibility requirements can constitute an administrative offense pursuant to Section 37 (2) BFSG and can result in administrative fines of up to EUR 100,000, in less severe cases the maximum fine is up to EUR 10,000. Additionally, cease-and-desist-actions by consumer protection associations or competitors may be possible.

In conclusion, the BFSG signals a broader shift towards digital inclusion and consumer-centric design in the German market. With the deadline approaching, businesses are well advised to review their products and services against the requirements of German accessibility laws. 

Authors: Henriette Picot, Gökhan Kosak and Viktoria Knippenberg.