BFSG obligations: Which websites are affected?

What does the BFSG require of websites?

The Barrierefreiheitsstärkungsgesetz (BFSG, the German Accessibility Strengthening Act) transposes the European Accessibility Act into German law. It is not tied to ‘the website’ as such, but to certain products and services for consumers. The website or app is often the channel through which such a service is offered.

Under § 1(3) BFSG, five groups of services are covered: telecommunications services, certain elements of passenger transport, banking services for consumers, e-books and the software intended for them, and services in electronic commerce. In § 12, the accompanying regulation (BFSGV) requires the websites and mobile apps of such services to be perceivable, operable, understandable and robust.

Which websites fall under the BFSG?

For most small businesses, electronic commerce is the decisive point. § 2 No. 26 BFSG uses this term for services that are offered via websites or apps and provided electronically at the individual request of a consumer with a view to concluding a consumer contract.

Typical examples are an online shop, a booking process for courses or tickets that is completed online, or a subscription that consumers take out directly on the website. Check the entire path to concluding the contract, including search, registration, identification and payment.

Is a plain company website affected?

A website that only provides information about your business, your services and your contact details is not covered simply because it belongs to a business. Without a contract being concluded via the website, there is usually no electronic commerce within the meaning of the law.

Hybrid cases are harder: online appointment booking, a configurator with an order function or an enquiry form that leads directly to a contract. The closer a process comes to concluding a contract with consumers, the more carefully you should check it. Regardless of the law, your visitors benefit from an accessible website.

Think ahead, too: if you extend an information site with a shop or an online booking that concludes a contract, the classification changes. Building in accessibility from the start is usually easier than rebuilding shortly before launch.

Does the BFSG also apply to B2B shops?

The BFSG requires a link to consumers. Under § 2 No. 16 BFSG, a consumer is a natural person who uses a service predominantly for purposes outside their trade or self-employed professional activity. An offer that is genuinely aimed only at businesses must therefore be assessed differently from a shop open to everyone.

What counts is the actual process. If private individuals can order without any hurdle, a ‘business customers only’ note in the footer is hardly enough for a reliable classification. Record how you restrict your customer base and have borderline cases reviewed by an expert.

What exemption applies to micro-enterprises?

Micro-enterprises that offer or provide services are exempt under § 3(3) BFSG. § 2 No. 17 defines them as businesses with fewer than ten employees and an annual turnover or annual balance sheet total of no more than two million euros. Both conditions must be met together.

On this basis, a shop with eight employees and an annual turnover of 1.5 million euros falls under the exemption. A shop with twelve employees does not, even if its turnover is low. This exemption for services does not apply across the board to products. With affiliated businesses or a growing workforce, it is worth checking regularly.

Which content does the BFSG expressly exclude?

1. 1Pre-recorded time-based media, such as videos, published before 28 June 2025.
2. 2Office file formats published before 28 June 2025.
3. 3Online maps and mapping services, provided that, for maps intended for navigation, essential information is available in an accessible digital form.
4. 4Third-party content that you neither fund nor develop nor control.
5. 5Archived content that is neither updated nor revised after 28 June 2025.

What do you need to do if your offer is affected?

§ 14 BFSG requires two things: the service must meet the requirements of the BFSGV, and you must prepare the information set out in Annex 3 and make it accessible. This includes a general description of the service, explanations of how it is carried out, a description of how it meets the requirements, and the competent market surveillance authority.

The information belongs in your terms and conditions or in another clearly perceivable place. The Bundesfachstelle Barrierefreiheit (Federal Accessibility Centre) recommends, for example, a link labelled ‘Accessibility’ in the header or footer. If the service meets harmonised standards published in the Official Journal of the EU, § 4 BFSG presumes that it meets the requirements those standards cover. If you identify a non-conformity, § 14(4) BFSG requires you to take corrective action and inform the market surveillance authority without delay. For breaches of § 14(1), § 37 BFSG sets fines of up to 100,000 euros.

How do you check your website against the requirements?

An Accessonaut scan reveals problems that can be detected automatically and helps you prioritise them. A high scan score is not proof of BFSG conformance. A widget does not replace fixing the source code or testing complete user journeys either.

This guide offers initial orientation and is not legal advice. If questions remain, have the legal classification of your specific offer reviewed by an expert.

1. 1Write down your offer, its target group and every step from entry to completion.
2. 2Scan the most important pages automatically: home page, product page, form and checkout.
3. 3Then test the same journeys with the keyboard and with assistive technologies.
4. 4Fix the barriers that prevent an order, a sign-up or getting in touch first.
5. 5Document the scope of testing, known barriers, measures taken and a contact people can reach.