BFSG: deadlines, inspections and fines

Since when has the BFSG applied?

The BFSG came into force on 28 June 2025. It applies to services provided to consumers after that date, including e-commerce services such as online shops and booking flows. Micro-enterprises that provide services are exempt under § 3(3) BFSG.

Whether your offer is covered is explained in the article “BFSG: Which websites are affected?”. This article explains what happens if a covered offer does not meet the requirements.

Are there transition periods until 2030?

§ 38 BFSG contains two transitional rules. Service providers may keep providing their services until 27 June 2030 with products they already lawfully used for this before 28 June 2025. Service contracts concluded before 28 June 2025 may continue unchanged until they expire, but no longer than 27 June 2030. Self-service terminals have their own limit of no more than fifteen years after they were put into use.

The law provides no general grace period for websites or online shops offered to consumers after 28 June 2025. If you are unsure how the transitional rules affect your offer, have it checked by an expert.

Who checks the accessibility of services?

The market surveillance authorities of the German federal states are responsible. Under § 28 BFSG, they check a service if there are indications that it does not meet the requirements. They also check without a specific reason, using appropriate random samples.

Under § 32 BFSG, consumers can request that the authority open proceedings. They can appoint a recognised association to do so. Under certain conditions, recognised associations can also request proceedings themselves. The authority decides on a request by formal notice.

What happens if an offer does not meet the requirements?

• Request with a deadline: the authority asks the provider to take suitable measures within a reasonable deadline (§ 29(1) BFSG).
• Warning: if the shortcomings are not fixed, it can warn that the offer will be prohibited (§ 29(2) BFSG).
• Order: as a last step, it can order the provider to stop offering or providing the service (§ 29(3) BFSG).
• Missing mandatory information: if the information under Annex 3 is missing or incomplete, this is a formal non-conformity. Here too, the authority first asks for a correction within a deadline (§ 30 BFSG).

How high are the fines under the BFSG?

§ 37 BFSG sets two maximum amounts. A fine of up to €100,000 is possible, among other things, if someone offers or provides a service that does not meet the accessibility requirements in breach of § 14(1) BFSG. For the other breaches listed there, mainly missing information, documents or records, the maximum is €10,000.

The amounts are upper limits, not fixed rates. The competent authority decides on a fine case by case. Whether competition-law claims may also arise is not governed by the BFSG itself; that is a question for legal advice.

How to prepare in practice

1. 1Check whether your offer falls under the BFSG and record your assessment in writing.
2. 2Check the most important pages of your purchase journey automatically: home page, product page, forms and checkout.
3. 3Test the same journeys with a keyboard and assistive technologies, and fix barriers that prevent an order or a contact request.
4. 4Provide the information under Annex 3 for your offer and keep it up to date.
5. 5Document tests, known barriers and planned measures, so you can respond quickly to a request from the authority.

What a website check can do here

An automated check quickly shows some of the barriers and helps you prioritise. It replaces neither manual testing nor a legal assessment, and a good result is not proof of BFSG conformance. This article offers initial guidance and is not legal advice.