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, but 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. I have already provided a brief overview of the EAA at itmedialaw.com/what-is-the-european-accessibility-act/. In this blog post, we will now take a detailed look at who the new requirements apply to and from when, which services are specifically affected and what companies need to do to make their website, online store or SaaS software accessible. We also 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 (Sections 5, 5a UWG). We conclude with practical recommendations and opportunities – because accessibility is not only 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 that 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 which date affected products and services must meet the accessibility requirements. There is no general longer implementation deadline – companies should therefore have implemented all requirements by June 2025.

However, the BFSG provides for transitional regulations for certain cases:

• Ongoing services: Contracts with consumers that were concluded before June 28, 2025 may continue until June 27, 2030 at the latest, even if the websites/apps used are not yet accessible . However, new contracts from June 28, 2025 onwards must include accessible services from the outset – the date on which the contract is concluded is therefore decisive. Companies should therefore plan early to renew existing offers by 2030 or to make their new offers accessible from mid-2025.
• Self-service terminals: There is a longer transition period for certain stationary devices such as ATMs, ticket machines and check-in machines. A deadline of 15 years applies here – such terminals that are in use before 2025 do not have to be replaced or retrofitted without barriers until 2040 This long deadline takes into account the high investment costs and lifespan of such devices.
• Existing media: Exceptions also apply to previously published recorded time-based media (e.g. videos without subtitles) that went online before the deadline of 28.06.2025. Such content does not have to be made accessible retroactively. However, new media content from 2025 onwards must meet the requirements, e.g. be provided with subtitles or audio description, where applicable.

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

Who is affected? Websites, online stores, SaaS & more

The new accessibility obligations are essentially aimed at all providers who offer certain products or services to consumers. Important: The BFSG is aimed at the private sector, as 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 / e-commerce: Electronic commerce is expressly covered as a service. This includes any online sale of products or services – regardless of what is being sold. In short: every online store that sells to consumers must be accessible from 2025. Even small online stores for niche products will be covered, as long as they do not fall under the micro-entrepreneur exemption (see below). Online marketplaces or booking platforms for services (e.g. travel portals) are also included.
• Normal websites with digital services: If a website offers functions for consumers – e.g. online appointment scheduling, customer portals, forums or other interactive services – it is also to be regarded as a service within the meaning of the BFSG. The decisive factor is that it is an offer that is generally provided for a fee (Section 2 (3) BFSG). Many company websites are likely to fall into this category, for example if they have order functions, login areas or similar interactive elements for customers. The accessibility of a website with such functions is therefore mandatory. (Pure company websites without such features, i.e. for information purposes only, could fall outside the scope of application as they do not provide a service. Nevertheless, accessibility is also recommended there for image reasons).
• SaaS software and apps: Software as a service offerings (cloud software, web apps) are often aimed at online users and, depending on their design, fall within the scope of application either as a product or as a service. For example, if you offer a SaaS platform for end users (such as an online tool for image editing, personal finance apps, etc.), this must be accessible from 2025. Mobile apps are explicitly included – this includes, for example, banking apps, shopping apps, mobility apps, etc. (Note: Purely B2B SaaS for commercial users is not covered by the wording of the law. The BFSG refers to services for consumers – pure B2B offerings therefore do not have to be legally accessible. However, it can also make sense for B2B providers to voluntarily implement accessibility, as employees of business customers can also benefit from accessibility and major customers are increasingly placing value on inclusive software).
• Software developers with standard software: Manufacturers of software products (which are not only developed individually for a client, but are generally offered on the market) are also affected if their product is aimed at consumers. The EAA/BFSG lists “hardware for universal computers” and “operating systems” as products that must be accessible. This includes, for example, PC systems, smartphones, tablets and their software (operating systems, application software installed as standard, if applicable). E-book readers and e-books themselves are also mentioned. Although not every application software is explicitly mentioned, the following generally applies: A software product that is launched on the market after June 28, 2025 and is intended for consumers must meet the legal accessibility criteria. This should also apply, for example, to games consoles and their user interfaces or common end-user software (such as office software, if sold to consumers).

Exceptions: Not all companies are covered. Micro-enterprises are exempt from the BFSG obligations for services. By definition (Section 2 No. 17 BFSG), a microenterprise is a company with fewer than 10 employees and an annual turnover or annual balance sheet total of no more than € 2 million.) Such an online store operator therefore does not necessarily have to implement the BFSG requirements. Please note: This exception only applies to service providers, not to manufacturers of products! A start-up that launches a new hardware device or software as a product, for example, cannot invoke the employee/turnover exception – the law applies here regardless of the size of the company). In addition, there is of course no harm in micro-enterprises voluntarily making their services accessible – they are expressly free to do so and can even gain competitive advantages (see “Opportunities” below).

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 really very small are not subject to the legal obligation, but should still consider accessibility as a quality feature.

Need to adapt existing offerings – is there a risk of a “lack” of inaccessibility?

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: 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). 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:

• Official sanctions: The BFSG provides for a market surveillance procedure. Competent authorities (bodies yet to be determined, presumably depending on the area, e.g. Federal Network Agency, state authorities, etc.) can randomly check from 28.06.2025 whether offers are barrier-free. If a violation is found, the provider will first receive a request to make improvements within a certain period of time. If they fail to do so, they could face fines of up to €100,000 per violation. In extreme cases, authorities could even prohibit sales until accessibility is achieved. These risks make it clear that non-accessible offers could have tangible financial and operational consequences from 2025.
• Warnings under the UWG: Since the BFSG aims to ensure fair competition through uniform rules, there is much to suggest that it is a market conduct rule within the meaning of Section 3a UWG. Competitors could therefore issue warnings to competitors who violate the barrier obligations due to unfair competition. This can trigger claims for injunctive relief and removal. In practical terms, this means that an online store that still has serious barriers as of July 2025 could be warned by a competitor store – similar to violations of imprint obligations or data protection. The warning costs and any contractual penalties would then be added to the already existing retrofitting costs. Companies should take this scenario seriously, because from 2025 inclusion in e-commerce will be mandatory and no longer a voluntary nice-to-have.
• Warranty and material defects (§ 434 BGB): An often overlooked but very explosive consequence of a lack of accessibility concerns warranty law in sales and contract law. Since the 2022 reform, Section 434 of the German Civil Code (BGB) has recognized the objective concept of material defects: A product is defective if it does not have the properties that are customary for items of the same type and that the buyer may expect (Section 434 (3) BGB). The legal requirements of the BFSG shape precisely this expectation of the consumer. Specifically: from 2025, consumers can expect a tech product or app offered after this date to be barrier-free – because it is required by law. If the product does not meet this requirement, it is considered a material defect under sales law. The buyer (consumer) could then assert warranty rights, e.g. demand supplementary performance (rectification of the software in the direction of accessibility) or, in the event of failure, reduce the purchase price or withdraw from the contract. This aspect is particularly relevant for software and device manufacturers: If you sell e-book reader software after June 2025, for example, that does not offer the prescribed accessibility functions (e.g. text-to-speech), the customer can complain about this as a defect. Similarly, a streaming service that lacks subtitles for deaf people could be considered objectively defective because subtitles are to be classified as an expectable quality. Companies should therefore understand accessibility not only as a public law obligation, but also as a contractual and liability issue. Incidentally, a clause in the contract that seeks to waive accessibility would probably be ineffective against consumers – Section 476 (1) BGB requires that any deviation from the objective requirements is expressly and separately agreed and that the consumer is informed of this before the contract is concluded. A blanket exclusion of warranty therefore does not apply here.

To summarize: A lack of accessibility can be expensive from 2025 – be it 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 obligations: What do websites, stores and software have to 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: Websites (including their mobile versions and apps) and software interfaces must be designed in such a way that all user groups can use them. Elements must be controllable by keyboard (not just by mouse or touch), content must be clearly structured and presented in an understandable way (clear menus, simple language, clear instructions), and sufficient contrast and scalable font sizes must ensure that even the visually impaired can read everything. Visual content should be accompanied by alternative text so that screen readers can read it aloud (. Multimedia (videos/audio) needs subtitles or transcripts for the hearing impaired and ideally audio descriptions for the visually impaired. Forms should have comprehensible labels and error messages. CAPTCHAs and authentication procedures must also be offered in an accessible alternative form if the standard method (e.g. visual image recognition) is not usable for some users.
• Technical interoperability: Digital products must ensure that they work with assistive technologies. This means that a website or software should be compatible with screen reader software, Braille displays, voice control, magnification tools, etc. This includes a clean implementation of HTML (including correct use of headings, lists, ARIA attributes, etc.) so that assistive technologies can recognize the structure. Software interfaces should provide more than one sensory channel (e.g. convey information not only via color, but also textually). Interfaces (APIs) should enable access for assistive technologies where relevant.
• Accessibility functions and documentation: Providers must inform users about existing accessibility functions. Instructions for use, help texts and support information must also be made accessible. If a product has special settings for accessibility (such as zoom mode, high contrast, etc.), it must be explained how to activate them. For websites and apps, an accessibility statement that discloses the level of accessibility and offers contact options for feedback should be useful, similar to the public sector. According to Annex 3, the BFSG requires certain information to be provided; failure to do so constitutes formal non-compliance, which can also be penalized. Manufacturers of products must also carry out an internal conformity assessment and draw up an EU declaration of conformity, similar to CE markings (even if there is no CE mark in this sense). They are obliged to draw up and keep available technical documentation to meet the requirements (§§ 6-9 BFSG).
• Standards and norms: While the law and the ordinance do not specify any rigid technical details (“open to technology”), certain standards are used as a guideline. In the EU, the EN 301 549 standard (EU standard for digital accessibility) is expected to serve as a harmonized standard – this is largely based on the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG 2.1 AA is therefore a good benchmark: Anyone who meets these criteria should essentially fulfill the BFSG requirements in the web sector. BITV 2.0, which also covers WCAG 2.1 AA, already applies to German public websites; best implementation practices can be derived from this. DIN standards can also be used, such as DIN EN standards for the accessibility of products (e.g. for hardware operation). Although such standards are not themselves law, courts and authorities often use them to assess whether “due diligence” has been observed.) In short, companies should follow established accessibility standards to be on the safe side.

As you can see, the obligations are extensive, but at the 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

The clock is ticking until June 2025, and 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 up 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 in ensuring that 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 – e.g. the BITV test for websites or automated tools such as WAVE, Axe, Lighthouse etc. 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 that 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 e.g. 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. 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 in which you state 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 in order 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 that your services remain permanently accessible and that new barriers do not arise over time.

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; there are now many agencies and consultants who specialize in accessibility, as well as the Federal Accessibility Agency, which will be advising 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: Around 10% of the population are people with disabilities – a considerable customer potential. Added to this is an ageing society: more and more people have visual or hearing impairments or motor impairments as they get older. Accessible online stores and apps can reach these customer groups, while inaccessible offers exclude them Those who remove barriers expand their user base and can generate more sales. Friends and families of those affected also often prefer providers that are inclusive. It is therefore also commercially worthwhile not to exclude anyone.
• Better user experience for everyone: Accessibility measures often improve general usability. Clear texts, clear page structures, good contrasts and well thought-out navigation concepts benefit all users – not just people with disabilities. Many of the “accessibility” principles are simply good UX practices. An accessible website usually also performs better and is easier to use on mobile devices, which in turn reduces bounce rates and can increase the conversion rate. Keyword Responsive Design: Accessible sites are often responsive and optimized for different devices – which in turn appeals to every user.
• Positive brand perception and image: A company that is demonstrably committed to inclusion earns sympathy points. Accessibility can be part of the corporate social responsibility (CSR) strategy. This shows that all customers are important to you, which creates trust. Appearing in public with a BITV certificate or a “Meets the requirements of the European Accessibility Act” can significantly improve your image. In times when consumers pay attention to diversity and inclusion, this is a real plus point.
• Innovation boost: Dealing with accessible design often promotes innovation. Many technologies developed for accessibility later benefit a wider audience (speech recognition, automatic subtitles, etc.). By adopting accessibility as a quality feature, you keep pace with technical developments and demonstrate your digital innovative strength. It can also have a motivating effect internally: Your team sees the added social value of their own work, which increases employee satisfaction.
• SEO benefits: Accessible websites are often also more search engine friendly. Semantically correct HTML, alt texts for images and clean structures help Google & Co. to index the content better. For example, descriptive captions and video transcripts not only improve accessibility, but also provide SEO-relevant text content. Although “accessibility” is not a direct ranking criterion, the indirect effects (better structure, faster loading times, more satisfied users = longer dwell time) have a positive effect on the search engine rating.

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:

• Permitted advertising: Of course you are allowed to communicate your accessibility, for example with a seal (“BITV-tested”) or a note “Our online store is designed to be accessible”. This can even be a competitive advantage, as more and more consumers are attaching importance to this. It is also permissible to explain what measures you have taken (“high-contrast display, full keyboard operability, etc.”).
• Avoid misleading information: It becomes problematic when advertising makes false or exaggerated promises. Terms such as “barrier-free” imply completeness. If your offer still has individual barriers, an absolute statement would be misleading. Example: You advertise with “100% barrier-free software”, but the PDF documentation is not accessible – a competitor or consumer association could consider this to be deception under Section 5 UWG. The consequence would be warnings and injunctive relief. The same applies if you advertise as “EAA-compliant” but objectively do not (yet) fully meet the requirements.
• Practical tip: If in doubt, be more cautious and precise in your advertising. Instead of claiming “barrier-free” across the board, you can say, for example: “We meet the requirements of BFSG/WCAG 2.1 AA as far as technically possible” or “Our store is largely barrier-free (tested according to standard XY)”. In this way, you make it clear that you are guided by objective criteria. Of course, it is ideal if you can actually present a test/certificate – then you can also communicate the result confidently (similar to how you advertise with TÜV certificates). You should refrain from emphasizing accessibility as a unique selling point that does not correspond to reality. Wordplay doesn’t help either: terms such as “barrier-free” are not protected, but could also be misunderstood. Ultimately, only honesty will protect you – greenwashing in green should be avoided just as much as “accessibility-washing”.

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

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, whereby 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: The Federal Ministry of Labor and Social Affairs (BMAS) has already published guidelines on the BFSG ), which answer practical questions for companies – e.g. whether you fall under the scope of application or what the threat is in the event of non-compliance. These guidelines (available on the website of the Federal Accessibility Agency) also provide understandable examples and emphasize the economic efficiency of accessibility. In addition, the Federal Accessibility Agency has set up an advice center that provides support and information, especially for very small companies. Companies should use such official sources of information to dispel any uncertainties.

Enforcement in practice: As mentioned above, market surveillance authorities will check compliance after 2025. It is conceivable that the initial focus will be on larger companies and heavily used services. However, smaller providers should not be lulled into a false sense of security either – a complaint from a consumer could be enough to trigger an investigation. It seems sensible that the authorities will allow a reasonable period of time for rectification if defects are found before sanctions are imposed. Nevertheless, you should not rely on this, especially as competitors’ warnings can also strike without warning.

Promotion of accessible offers: There are hardly any official statements specifically on advertising. General unfair competition law (UWG) applies here, as explained in the previous section. It can be assumed that the competition authorities, for example, will keep an eye on whether “barrier-free” claims are correct after 2025. In case of doubt, it will then be necessary to rely on expert opinions in court to determine whether an offer is really barrier-free in the sense of the standards – a rather laborious process that can be avoided through preventive honesty.

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.

Let’s make IT inclusive!