The German Barrier-Free Accessibility Act (BFSG) was enacted on July 16, 2021, and will come into force in Germany on June 28, 2025. It implements the requirements of the European Accessibility Act (EAA) and stipulates that numerous products and services must be accessible by June 28, 2025, at the latest.
Each country in the European Union can enact its own legislation with specific features, such as France with the RGAA or the Netherlands with the Web Guidelines. In general, the basic principles of the WCAG are adopted.
In the United States, the equivalent legislation is the Americans with Disabilities Act (ADA); in Canada, it’s the Accessible Canada Act (ACA); and in the United Kingdom, the counterpart is the Equality Act of 2010.
In this article, we provide a comprehensive overview of the German Barrier-Free Accessibility Act, including who it affects and what companies can do to meet the requirements in a timely manner.
What Is the BFSG (German Barrier-Free Accessibility Act)?
The Accessibility Enhancement Act (BFSG) is the national implementation of the European Accessibility Act (EAA) on digital accessibility in Germany. The BFSG enables people with disabilities, limitations, or older people to participate equally in digital products and services.
The aim is to make accessibility a binding requirement in large parts of the private sector, thereby making everyday life easier for people with disabilities.
Based on uniform EU requirements, the Accessibility Act will also help small and medium-sized enterprises to take full advantage of the opportunities offered by the European single market.
Implementation of the EU Directive: The BFSG Act is the national implementation of EU Directive 2019/882 (EAA).
Effective date: The deadline is June 28, 2025 – by then, affected companies must offer their products and services in an accessible format.
Transition phase: There will be a transition phase from June 2025 to June 27, 2030. Products that were on the market before 2025 can still be used or sold for the most part. After 2028, companies must make their services accessible.
Implementation regulation: Specific provisions are being further elaborated in some cases, for example through technical standards such as EN 301 549.
Who is Affected by the BFSG?
The Accessibility Enhancement Act affects manufacturers, distributors, and importers of certain products and service providers for consumers.
Service providers that employ fewer than ten people and either have an annual turnover of no more than 2 million euros or whose annual balance sheet total does not exceed 2 million euros are exempt from the BFSG. However, small businesses that place products on the market are not exempt from the Accessibility Act.
Is Your Product Affected by the BFSG? Here’s What’s Covered
Hardware, including operating systems (computers, tablets, laptops)
Self-service terminals for services covered by the Directive (payment terminals, ATMs, ticket machines, interactive terminals for providing information, check-in machines)
Consumer devices with interactive functionality for telecommunications services or for access to audiovisual media services (smartphones, tablets, smart TVs)
E-book readers
What Types of Services Fall Under the BFSG?
E-commerce services, i.e., websites, online shops, and apps through which companies sell their products and services (e-commerce sector, online marketplaces, online shops)
Telecommunications services
Access to audiovisual media services (websites and apps of television broadcasters or video-on-demand platforms)
Websites, apps, electronic ticket services, provision of traffic information, self-service terminals in passenger transport
Banking services (online banking, contracts, consulting)
E-book software services
Accessibility Requirements According to the BFSG
According to the Accessibility Enhancement Act, products and services are considered accessible if they are accessible and usable by people with disabilities in the usual manner. Accessibility must be possible without significant difficulty and without external assistance.
The resulting requirements are regulated in the Accessibility Ordinance.
It contains general specifications on packaging, instructions, interfaces, and the functionality of products.
Perception must always be possible via at least two senses, such as reading written information aloud.
The accessibility requirements under the BFSG are particularly important for interactive interfaces on websites or in e-commerce shops, such as logins, registrations, forms, or checkouts. These interfaces protect many website operators from automated bot attacks with CAPTCHAs (Completely Automated Public Turing tests to tell Computers and Humans Apart). They must be designed to be accessible so that they are visually and technically accessible. The best-known service, Friendly Captcha, offers a fully accessible CAPTCHA that does not require any manual interaction on the part of the user.
To achieve digital accessibility, the European standard EN 301 549 and the Web Content Accessibility Guidelines (WCAG 2.1) provide important reference points for the requirements.
What Does the BFSG Require from Companies
Depending on the role of the company or economic operator, there are different obligations under the Accessibility Enhancement Act:
Manufacturers: Manufacturers may only place accessible products on the market. For example, they must demonstrate accessibility in a conformity assessment procedure. Technical documentation with a detailed description and a list of the harmonized standards and technical specifications applied is also required. If a product does not meet the accessibility requirements, the manufacturer must take appropriate measures to recall or withdraw the product.
Importers: Importers must guarantee and verify that only products that comply with the accessibility requirements of the BFSG are placed on the market. This also applies to products manufactured in third countries. If an imported product does not comply with the BFSG and is not accessible, the product may have to be recalled.
Distributors: Distributors must check their products for accessibility requirements. If the accessibility requirements are not met, the products may not be sold. As a distributor, you are not obliged to ensure conformity, but you do have information obligations.
Quasi-manufacturers: Quasi-manufacturers are distributors and importers who place products on the market under their own name or brand. The rules for manufacturers also apply to quasi-manufacturers.
Service providers: Service providers may only offer services that meet accessibility requirements and digital accessibility. In addition, service providers must make information about the service available to their customers in an accessible form. This information includes a general description, explanations to help understand the service, or details of the relevant market surveillance authority.
What Fines Are Imposed for Violations of the BFSG?
Any consumer, as well as associations and institutions, can contact the market surveillance authority in the event of violations of the Accessibility Act. This can result in product recalls or the discontinuation of services with fines of up to €100,000.
In addition to individual consumer lawsuits, the BFSG also allows for class action lawsuits. Competitors may issue warnings under competition law with claims for injunctive relief or damages.
Strengthening Accessibility in Germany: The Role of the BFSG
The Accessibility Enhancement Act specifies which products and services must be accessible by June 28, 2025. This is intended to implement the requirements of the European Accessibility Act (EAA) so that all people can use digital products and services on an equal basis.
Would you like to check how accessible your website or web application already is? The WCAG Checker from Friendly Captcha allows you to quickly and free of charge check for digital accessibility.
FAQ
The BFSG transposes Directive (EU) 2019/882 into German law. It stipulates that companies must offer their products and services in an accessible manner so that people with disabilities and older people can use them on an equal basis. This includes technical and design requirements as well as information in accessible formats.
The BFSG transposes the requirements of the European Accessibility Act (EAA) into national law. The aim is that, from June 2025, many products and services in Germany must be accessible – in particular digital offerings such as websites, online shops, apps, and self-service terminals.
Friendly Captcha is a barrier-free CAPTCHA that complies with the BFSG. It can be used for logins, shops, and web forms to protect companies from spam and bot attacks.
It primarily affects companies that offer relevant products or services, such as online retailers, banks, software providers, or manufacturers of cash machines and ticket machines. Smaller companies may also fall within the scope of the law, although certain exceptions apply to micro-enterprises.
Digital accessibility describes the experience of people in finding and using IT solutions such as software and websites, as well as their technical implementation, without barriers. This includes, for example, sufficient color contrast, the ability to use the website without a mouse, or protection against bots without manual interaction.
According to the Barrier-Free Information Technology Ordinance (BITV 2.0), an IT solution is barrier-free if it meets the requirements of EU standard EN 301 549. Barrier-free registrations, login areas, or newsletter sign-ups are protected with the barrier-free CAPTCHA from Friendly Captcha. Learn more about digital accessibility with CAPTCHA.
Failure to comply with the requirements may result in legal action, including fines and warnings from consumer protection associations or competitors. In addition, a company’s image may suffer if digital accessibility is ignored.
BFSG is the abbreviation for the Barrierefreiheitsstärkungsgesetz (Barrier-Free Accessibility Act). It is the law implementing Directive (EU) 2019/882 of the European Parliament and of the Council on the accessibility requirements for products and services and amending other laws.
Yes, Friendly Captcha is a BFSG-compliant CAPTCHA. With its invisible background challenges, the accessible Friendly Captcha requires no manual interaction from the user. Friendly Captcha is WCAG-compliant, BFSG-compliant, fully accessible, and also complies with all international data protection laws such as the GDPR and CCPA.
Micro-enterprises with fewer than ten employees and an annual turnover or annual balance sheet total of no more than €2 million may be exempted from certain obligations under certain conditions. However, they must demonstrate why implementing accessibility would be disproportionate for them. Small businesses that market products under their own name (quasi-manufacturers) may be exempt from these exceptions.
The law applies to websites and apps that relate to certain products and services, such as e-commerce, online banking, and telecommunications services. Websites must be designed in accordance with accessibility requirements so that people with disabilities can use them without assistance. Public authorities are mostly covered by the BITV, while the BFSG focuses on the private sector.
With Friendly Captcha’s BFSG-compliant CAPTCHA, web forms, registrations, and login pages can be designed to be accessible.
The deadline is June 28, 2025. From then on, new products or services that fall under the BFSG may only be placed on the market if they meet the accessibility requirements. There are transition periods and exemptions for existing products and services.
Yes. In addition to the BFSG, which applies to certain private sector companies, there are other regulations in Germany such as the BITV 2.0 for public authorities. In the EU, accessibility requirements are harmonized in particular by the European Accessibility Act (EAA). Violations can be punished with fines and warnings.
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