What is it all about?
The Accessibility Reinforcement Act (BFSG) was passed by the German legislator in July 2020. The law is based on EU Directive (EU) 2019/882 on accessibility requirements, which will be implemented at national level from June 2025 in order to promote the inclusion of people with disabilities and remove barriers.
What is the aim of the Accessibility Improvement Act?
The aim of the EU directive (European Accessibility Act) is to offer people with disabilities as end consumers a wider range of accessible products and services. This EU directive therefore requires private and commercial companies to make their online presence as well as their products and services accessible from June 28, 2025.
In practice, this means, for example, that information about products and services must be accessible via at least two senses. In the digital sector, alternative forms of presentation or simplified operation combined with technology such as a read-aloud function, dynamic adaptation of typography or contrasts or voice control can be used to increase user-friendliness for people with disabilities.
What action do companies need to take?
The requirements for companies are to be assessed differently depending on the sector and type of offer. The regulation (BFSGV) and the guidelines to the BFSG form the basis for the categorization and derivation of the new requirements.
Micro-enterprises with fewer than ten employees and an annual turnover of less than two million euros are exempt from the EU regulation. However, this exemption does not apply if digital services are offered and sold.
In addition to the obligation to make the information on online presences accessible, a rough distinction can be made between the requirements for tangible products and services:
- Manufacturers of tangible products
Manufacturers must undergo a conformity assessment procedure that includes technical documentation or provide a declaration of conformity and are subject to new CE marking obligations.
- Dealers
Dealers must ensure that they only sell CE-marked products for end customers that meet the requirements of the BFSG.
- Service providers
Service providers are obliged to inform their customers about the accessibility of their services and how they work in their terms and conditions
What are the consequences of non-compliance?
According to the BFSG, so-called market surveillance authorities are responsible for compliance with and monitoring of the BFSGV regulation. These authorities fall under the jurisdiction of the federal states and are authorized to inspect, warn and sanction companies in the event of violations.
The law provides for severe fines of up to 100,000 euros for non-compliance.
The market surveillance authorities are also the first point of contact for consumers and competition law issues.
In Hesse, the State Competence Center for Accessible IT (LBIT) and the Enforcement and Monitoring Office are the Hessian authorities for the expansion and monitoring of accessibility in the digital space.
