European Accessibility Act: Mandatory 2025 | IT-Medienrecht

Learn how the European Accessibility Act (EAA) & BFSG make accessibility mandatory for websites, online stores, & software from 2025. Protect your…

European Accessibility Act and BFSG: Accessibility will be mandatory for Websites, Online Stores & Software from 2025

Accessibility in the digital world is no longer just a voluntary option; it is becoming a legal obligation. The European Accessibility Act (EAA) at EU level and its German implementation, the Barrierefreiheitsstärkungsgesetz (BFSG), will impose extensive requirements on companies from 2025. We have already provided a brief overview of the EAA at itmedialaw.com/what-is-the-european-accessibility-act/.

In this blog post, we will take a detailed look at who the new requirements apply to and from when. We will also examine which services are specifically affected and what companies need to do to make their website, online store, or SaaS software accessible. Additionally, we clarify the legal consequences of a lack of accessibility (keyword: material defect according to Section 434 BGB) and whether you can advertise accessibility without falling into the trap of misleading advertising (Sections 5, 5a UWG). We conclude with practical recommendations and opportunities, because accessibility is not only about compliance, but can also improve image and conversion rates.

Validity and Transitional Periods: When Do the EAA and BFSG Apply?

The European Accessibility Act is an EU directive (EU 2019/882) from 2019. It defines uniform accessibility requirements for certain products and services throughout Europe. Germany has implemented this directive with the Barrierefreiheitsstärkungsgesetz (BFSG).

The new regulations come into force on June 28, 2025. From this date, affected products and services must meet the accessibility requirements. There is no general longer implementation deadline, so companies should have implemented all requirements by June 2025.

However, the BFSG provides transitional regulations for certain cases:

Conclusion on the Deadlines: The grace period for most digital products and services ends on June 28, 2025. By this time, companies should prepare their offerings to avoid warnings, fines, and sales bans. If you do not react until after this date, things could get serious.

Who is Affected by Accessibility Requirements? Websites, Online Stores, SaaS & More

The new accessibility obligations are essentially aimed at all providers who offer certain products or services to consumers. It is important to note that the BFSG is aimed at the private sector. Accessibility was previously primarily prescribed for public bodies (via the BGG and the BITV). Now, economic players in the B2C sector must also remove barriers. The following companies and services are particularly in focus:

Online Stores and E-commerce Platforms

Websites Offering Digital Services

SaaS Software and Mobile Apps

Software Developers with Standard Software

Exceptions to the BFSG Obligations

To summarize: All private-sector providers that offer digital products or services in the consumer sector are affected, from e-commerce websites and banking apps to software manufacturers. Those who only operate in pure B2B business or are truly very small are not subject to the legal obligation but should still consider accessibility as a quality feature. Start-ups should particularly consider avoiding common legal mistakes by integrating accessibility early.

Need to Adapt Existing Offerings? Risks of Inaccessibility and Material Defects

Many start-ups and IT companies are asking themselves: Do we have to adapt our existing software or website retrospectively, or does the law only apply to new developments? The answer is clear: As soon as you want to continue to make an existing digital offering available to consumers or offer a new one after June 28, 2025, it must be accessible.

It is therefore not enough to only set up new projects in an accessible manner from 2025; existing products and services must also be revised by this deadline at the latest (unless one of the transition periods applies). For example, a SaaS service that you have been operating since 2023 may no longer be offered to new customers without accessibility from July 2025. Only existing contracts could continue to run until 2030, but new customers would be entitled to an accessible service from 2025.

Violations of the accessibility requirements can have a variety of legal consequences:

To summarize: A lack of accessibility can be expensive from 2025, whether through official penalties, warnings, or warranty claims. Existing software and websites should therefore be proactively improved by the deadline to avoid being seen as "defective" or unfair. For start-ups, this means that it is best to plan for accessibility right from the start (keyword: accessibility by design) in order to avoid subsequent retrofits and legal disputes.

Concrete Accessibility Obligations: What Websites, Stores, and Software Must Offer

What does "barrier-free" actually mean in technical terms? The legal requirements are described quite abstractly in the BFSG and a corresponding ordinance (BFSGV). In principle, the following applies: products and services must be designed in such a way that people with disabilities can find, access, and use them in the usual way, without particular difficulty and, as a rule, without outside help. For websites and apps, this has been concretized with the four well-known principles: perceptible, operable, understandable, and robust (analogous to the WCAG cornerstones Perceivable, Operable, Understandable, Robust). In detail, this results in the following obligations, among others:

Accessible User Interface Design

Technical Interoperability

Accessibility Functions and Documentation

Standards and Norms for Digital Accessibility

As you can see, the obligations are extensive. At its core, it is always about removing barriers that could exclude certain user groups. From the code level (clean HTML for screen readers) to design (contrast, font, layout) to content (understandable language, alternative texts) and customer service (accessible documentation), accessibility runs through all areas of digital product design.

Tip: As the legal requirements remain somewhat abstract, checklists can help. Use the WCAG or the BITV test checklist as a guide, for example. This will give you clear checkpoints (Is everything accessible via keyboard? Do images have alt texts? etc.) and you can make systematic improvements.

What Should Companies Do Now? Practical Recommendations for Implementing Accessibility

The clock is ticking until June 2025. Companies—whether large online retailers or small software start-ups—should take early action to ensure they are legally compliant and fit for the future. Here are some steps and best practices for implementing accessibility:

  1. Create Awareness and Build Know-How: Make accessibility an internal topic. Sensitize your team to the importance of inclusive design, for example, through workshops or training on WCAG & Co. Make accessibility an integral part of your development and design processes (accessibility by design). This change in mindset is the first step to ensuring all other measures take effect.
  2. Inventory (Accessibility Audit): Analyze your existing websites, apps, and software for barriers. This can be done by internal tests or external experts. Use recognized test procedures, such as the BITV test for websites or automated tools like WAVE, Axe, Lighthouse, to detect typical problems. Remember to test a wide variety of scenarios: operation with keyboard only, use with screen reader (e.g., NVDA, JAWS), high zoom level, color vision restrictions, etc. Document the defects found.
  3. Action Plan and Priorities: Create a catalog of measures based on the audit. Which barriers have the highest priority (e.g., basic functions that cannot be operated without a mouse or missing alt texts on important images)? What can be fixed with little effort (low-hanging fruit such as color adjustments in CSS)? Define responsibilities and a schedule to ensure all critical points have been dealt with by Q2 2025 at the latest.
  4. Implementation in Development and Design: Start now with the gradual improvement of your digital offerings. Involve developers, UX/UI designers, and content managers. Perhaps take the opportunity for a relaunch or an update that integrates accessibility. Pay attention to the content and technical aspects from the previous section: structure the code properly, add missing alternative texts, improve the navigation logic, implement subtitles/transcripts for videos, etc. Test iteratively again and again with the help of, for example, screen readers or the keyboard to see whether the changes work.
  5. External Testing and Feedback: If necessary, consult external specialists or test users with disabilities to verify the effectiveness of your measures. An independent BITV test can ultimately provide you with a seal of approval or at least a report on where there may still be room for improvement. Also, use customer feedback: Provide a way (e.g., a contact form in the accessibility statement) for users to report accessibility problems.
  6. Documentation and Declaration of Conformity: Record which standards you have applied (e.g., "Our website complies with WCAG 2.1 AA"). Create a short declaration of accessibility on your website/app, stating the status of compliance with the requirements (if necessary, also honestly state any remaining exceptions) and provide a contact point for feedback. For software/products: Ensure that all manuals, help texts, etc., are accessible (e.g., as HTML or accessible PDF). Manufacturers should also have the internal technical documentation available to be able to prove compliance with the requirements in the event of an official inspection.
  7. Ongoing Maintenance: Accessibility is not a one-off project but an ongoing process. Schedule regular re-tests, especially after major updates or relaunches. Train new employees on this topic. Keep an eye on developments in standards (WCAG 2.2 or 3.0 in the future). This is the only way to ensure your services remain permanently accessible and that new barriers do not arise over time. Companies should also keep an eye on cybersecurity tightening in 2025, as these often go hand-in-hand with technical standards.

Start-ups in particular should integrate accessibility from the outset. It pays off not to have to make expensive "adjustments" later on. And for existing companies: even if 2025 still seems a long way off, the scope of adaptations can be large. Starting early creates a buffer and avoids last-minute actionism. Anyone who is unsure should seek legal and technical advice; many agencies and consultants now specialize in accessibility, as does the Federal Accessibility Agency, which will advise companies on the BFSG from 2025.

More Than Just Compliance: Business Opportunities Through Accessibility

Although accessibility is required by law, it should not be seen as a mere chore. Inclusive design offers tangible business benefits that go beyond compliance:

Larger Target Group and Market Share

Better User Experience for Everyone

Positive Brand Perception and Image

Innovation Boost

SEO Benefits of Accessible Design

The bottom line is: accessibility pays off. It opens up new customer segments, increases the satisfaction of the existing user base, and strengthens your market position. Companies can also set themselves apart from less progressive competitors. Even if the law does not (yet) force you to do so, voluntary implementation is an investment in quality and reputation. Those who act inclusively at an early stage have a head start, even internationally, as the EAA applies throughout the EU and pioneers can score points across borders.

Can You Advertise with Accessibility? Avoiding UWG Traps

Marketing with buzzwords such as "barrier-free" or "EAA-compliant" is a good way to emphasize your own advantages. But be careful: All advertising must be truthful and must not be misleading (Sections 5, 5a UWG). Accessibility is a qualitative feature that should only be advertised if it is actually fulfilled:

In short: advertising with accessibility is permitted and image-enhancing, as long as it is truthful. Avoid anything that raises false expectations among average users. If in doubt, check your statements legally, especially if you are planning large-scale campaigns. Remember that from 2025, accessibility will also be closely monitored by competitors. Anyone using unfair advertising promises will quickly become a target under competition law.

Current Case Law and Official Information on Accessibility

As the BFSG will not come into force until 2025, there is currently no case law specifically on private providers and accessibility. However, parallels can be drawn with previous practice in the public sector and abroad. In the USA, for example, there have already been numerous lawsuits against companies for non-accessible websites (based on the ADA). In Germany, it is to be expected that consumer associations and disability organizations will keep an eye on implementation and, if necessary, exert pressure by means of lawsuits (for example, analogous to the so-called class action in anti-discrimination law, although there are separate enforcement mechanisms for the BFSG).

Courts are therefore likely to deal with the interpretation of the criteria from 2025/26, in particular, what is considered sufficiently accessible in individual cases.

Official Guidance and Support

Enforcement in Practice

Promotion of Accessible Offers

Conclusion on this point: Stay up to date with the publications of the authorities (BMAS, Federal Agency) and legal blogs/news. As soon as the first cases are decided, we will see more clearly where the boundaries are drawn. For now: be careful, but don't panic either; if you adhere to standards and go through the steps recommended above, you should be well prepared for any inspections and legal issues.

Conclusion

The European Accessibility Act and the German Barrierefreiheitsstärkungsgesetz mark a milestone for digital participation. From June 2025, accessibility will become mandatory, especially for websites, online stores, apps, and software aimed at consumers. Start-ups and IT companies should see this development as an opportunity: Now is the time to make their own offerings accessible and future-proof.

Although this requires effort in terms of design, development, and content creation, it pays off in terms of legal compliance, satisfied users, and new market opportunities. Don't wait until the last minute. Inclusion by design should become the guiding principle; then everyone benefits: people with disabilities gain equal access to your services, your company avoids legal risks, and at the same time strengthens its image and customer loyalty. Accessibility is no longer a "nice-to-have" but the new normal in digital business. Companies that understand and implement this will have a clear advantage in the coming decade—legally, economically, and morally.

Your contact for questions: Do you have specific questions about the implementation of the BFSG or need legal advice on your particular case? Feel free to contact us; we will support you in setting up your company in a legally compliant and inclusive manner. We also offer expertise on topics like legal aspects of equity deals in start-ups.

Let's make IT inclusive!