BFSG Through the Lens of a Web Accessibility Auditor

I spent the last five days consuming everything that my brain could handle about the BFSG – sifting through numerous articles, published by everyone who has a stake in this field. While these are well-written, well-thought-out articles that provided valuable information, somehow, I still felt unsure of what exactly is required. My natural inclination was to consult the law itself, and… well, this is where all hell broke loose. I now see why the articles I’ve read are often written as general summaries where requirements are often implied rather than explicitly stated. The law is just inherently complex with many vague points.

I found it excruciating to write about, but I want to share how I navigated my way in the BFSG, focusing on the aspects most relevant to the online space and my role as a web accessibility auditor. I am not a legal expert, but I hope to equip you with high-level, useful information, so you can ask the right questions to engage your legal team effectively.

The Alphabet Soup Of German Accessibility Laws

One of the many things that often puzzled me was the many German accessibility laws and how it impacts my work. There’s power in understanding what’s it about at a high-level, so let’s get it out of the way.

BGG (Behindertengleichstellungsgesetz)
  • What: This is the German Accessibility Act, the law that protects the rights of people with disabilities. It is the German counterpart of the United States’ ADA (Americans with Disabilities Act).
  • Who: For public sector, and businesses that deals with the public sector
BITV 2.0 (Barrierefreie-Informationstechnik-Verordnung 2.0)
  • What: This is the ordinance rooted from the BGG, specifically for all IT solutions. It is the German counterpart of the Section 508 in the US
  • Who: For public sectors, and vendors and contractors doing business with the public sector
EAA (European Accessibility Act)
  • What: Also known as EU Directive 2019/882, it is the accessibility directive that sets minimum accessibility requirements for a wide range of products and services, for the whole EU member states to implement into their own national laws.
  • Who: For the EU member states, both public and private sectors, special emphasis on private sector

enter, BFSG (Barrierefreiheit-Stärkungsgesetz)

The BFSG, also known as “Accessibility Strengthening Act”, is the German national law that implements the EAA. It ensures the accessibility of essential, consumer-facing products & services so that we can all better participate in the society and economy regardless of our physical or cognitive abilities. The contents of the BFSG is essentially what’s in the EAA. There may be nuances between the two, but that is for your legal team to think about.

If you are in Germany running a business, or operating in the German market, this is the law that you should pay attention to.

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Businesses Affected by the BFSG

The main focus of the BFSG are businesses in the private sectors such as manufacturers, importers, retailers and service providers. Micro-enterprises that provides services are exempted, but micro-enterprises that place products in the market are NOT. Let’s explore what micro-enterprise means.

A business is considered a micro-enterprise if it employs fewer than 10 employees OR has an annual turnover of no more than €2 million in a year. Special emphasis on the operator OR. So if a company has 5 employees, but has a turnover of €2.1 million a year, then you are no longer considered a micro-enterprise.

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Products & Services Covered by the BFSG

Expand to view list of products & services covered by the BFSG
ProductsServices
Computers & operating systemsElectronic communications services
Payment terminals & certain self-service terminals such as ATMs, ticketing and check-in machines, interactive self-service information terminalsServices to access audiovisual media services
Smartphones & other equipment for accessing telecommunication servicesCertain elements of air, bus, rail and water transport services such as websites, mobile services, electronic tickets, information
TV equipment involving digital television servicesConsumer banking
e-book readerse-books
e-commerce
Answer to emergency calls to the single European number ‘112’.

It is essentially the products and services you offer, and the size of your business that determines whether you must comply with the accessibility requirements outlined by the BFSG. It is also worth noting that it only covers consumer-facing products & services, in other words, B2C.

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Deadlines

  • All products and services launched after June 28, 2025 should comply with the BFSG
  • Existing services may have 5 years grace period to comply, until 27 June 2030
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Accessibility Requirements

In essence, products and services can only be placed on the market if they are barrier-free, and if it meets the accessibility requirements. The term “Accessibility requirements” has been mentioned many times in the law, but it wasn’t very clear how to meet this.

EN 301-549

While the law did not explicitly state which accessibility standards to use, the safest route to compliance is following the EN 301-549, the harmonized European standard for accessibility requirements in ICT products and services. This comprehensive set of guidelines also includes WCAG 2.x. By complying with EN 301-549, you also meet the WCAG standards.

It’s also important to note that there are additional requirements for specific products and services, which I recommend exploring further.

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Documentation Requirement

Focusing only on service providers, since this is the most relevant in the online space.

Service providers are required to provide accessibility information, detailing how the service meets the legal accessibility requirements, how the service works, and the name of the market surveillance authority responsible for overseeing compliance. It goes without saying, this document must also be accessible. The type or format of this document has not been specified.

Accessibility Statement

While there was no mention of specific format or type of documentation to declare the accessibility information to this date, the most common practice is providing an Accessibility Statement.

You can combine elements from both template to create a more comprehensive accessibility statement that ticks all the boxes. I would recommend adhering first to the mandatory sections of the EU model statement, then integrate the relevant sections from the W3C template.

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Further Compliance Details

The business is expected to have a process in place to ensure the continued compliance of its product & services as the accessibility standards and regulations evolve.

  • In the event of non-compliance, the business must have a plan in place to bring the product or service to compliance. This must also be reported to the proper market surveillance authority.

It is not clear how a service provider can voluntarily report the non-compliance, or if there’s an existing mechanism to handle this. It isn’t also clear who the market surveillance authority. Further research is needed to clarify these points.

Conclusion

In conclusion, the BFSG presents a comprehensive framework for ensuring accessibility across various products and services. Given the complexity of the law, it’s essential to recognize that specific requirements vary by product and service, which encourages us to further read, research and investigate. Engaging your legal team, if you have one, can make things faster to clarify any uncertainties you may encounter.

Ok, now I’ll go and have a beer. Cheers!