Since 28 June 2025, the obligations under the Accessibility Act (“BaFG”), which transposes the European Accessibility Act (Directive 2019/882), have been in force. Businesses must make certain consumer products and services more easily accessible to people with disabilities. These obligations apply to various stakeholders along the supply chain, including manufacturers, service providers, importers and retailers. E-commerce providers, manufacturers of consumer devices, banking service providers, audiovisual media service providers and e-book providers are among those covered. In theory, however, the scope of application may extend further. Over the past few months, discussions have therefore centred on the scope of the BaFG, its transitional provisions, and the general obligations to take action and register with the Ministry of Social Affairs Service, the competent market surveillance authority. Below, DORDA’s experts outline the main conclusions from these discussions and share their practical experience of implementation:
Who is affected by the BaFG?
The BaFG applies both to manufacturers of regulated products, their distributors and importers, and to service providers. Its scope is broad: rather than targeting only large corporations or platforms, it covers numerous companies across a range of industries.
Exceptions apply to
- Micro-enterprises with fewer than ten employees and an annual sales turnover or balance sheet total not exceeding EUR 2 million;
- economic operators for whom compliance with the requirements would result in a fundamental change to their product or service; and
- companies for which such a change would result in a disproportionate burden.
Which services must be accessible?
The BaFG applies only to B2B products and services, but not to transactions between businesses. Furthermore, only certain categories are covered:
| Hardware systems for general-purpose computers, including operating systems, such as computers | Electronic communications services, such as internet services |
| Payment terminals | Services that provide access to audiovisual media services, such as apps and websites |
| Self-service terminals for cash machines, ticket machines, check-in machines and interactive information terminals | Certain aspects of passenger transport services |
| Consumer devices with interactive functionality that can also be used for electronic communications services, such as smartphones | Banking services |
| Consumer devices with interactive features that can also be used to access audiovisual media services, such as smart TVs and toys | E-Book-Software |
| E-book readers, such as the Kindle | E-commerce services provided under a consumer contract |
A focus on websites, apps and digital content
In practice, “e-commerce services” play a key role. These include, for example, apps, websites, marketplaces and online shops. Contrary to a widespread myth, however, not every website is required to be accessible: the BaFG does not apply to websites that merely provide information without the option to book an appointment or conclude a contract. Even a simple contact form is generally not sufficient. If, on the other hand, a contract is concluded or prepared via a website, it falls within the scope of the BaFG.
Furthermore, questions often arise as to whether a website constitutes a service providing access to audiovisual media services. The mere use of graphics is not sufficient in this regard. The provision of videos, on the other hand, may bring the website within the scope of the legislation. However, there is an exception for recorded time-based media published before 28 June 2025. Similarly, not all PDF or Word documents are required to be accessible. For example, “file formats from office applications” are exempt if they were published on the website before 28 June 2025.
Regardless of this, voluntarily implementing an accessible website may make sense for strategic reasons (e.g. enhancing the company’s image, authentically reflecting the company’s values, SEO optimisation, etc.).
What accessibility requirements apply?
The statutory requirements differ depending on whether the relevant offering is a regulated product or a service. The key obligations, using e-commerce services (e.g. webshops) as an example, are as follows:
1. Information on how the service, help desks, call centres and the products function
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| At least two sensory channels, such as visual and auditory channels | Perceivable and understandable | Text formats suitable for use with alternative assistive formats | Appropriate font type/style and spacing |
2. Implementation of technical measures to facilitate access to the service
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| Perceivable online application, including images, graphics, buttons, text, subtitled videos and transcripts, contrast, etc. | Operable interface (including without a mouse or touchscreen) | Understandable content, such as logical and consistent navigation and clear descriptions of input fields | Robust application and usability on different devices and with different assistive technologies |
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| Accessible access to and design of identification, security and payment functions | Usability for users with no or limited vision | Modes of operation that do not require colour differentiation | Minimisation of the risk of triggering photosensitive seizures |
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| Simple operation of the webshop | Protection of personal data |
3. Accessibility statement
Relevant Transitional Periods
The BaFG provides for transitional periods in certain cases. Services may continue to be offered unchanged until 27 June 2030, provided they were already being lawfully offered before 28 June 2025. However, changes to or extensions of existing services may trigger a reassessment and, consequently, an immediate obligation to ensure accessibility. In addition, transitional periods also apply to self-service terminals that have already been placed on the market.
Market Surveillance Authority and Sanctions
The Ministry of Social Affairs Service is the competent market surveillance authority. It monitors compliance with accessibility requirements and may take action where necessary or on its own initiative. If an economic operator fails to comply, the authority may issue a formal notice requiring corrective measures, the cessation of certain services or the publication of information about the non-compliance. It may also impose fines of up to EUR 80,000 for each administrative offence involving a breach of the new requirements. For micro-enterprises and small and medium-sized enterprises, lower penalty thresholds of EUR 10,000 or EUR 25,000 may apply, depending on the nature of the breach. If several administrative offences occur simultaneously, penalties are imposed cumulatively. The amounts collected are allocated to the support fund for people with disabilities to finance inclusion projects. This could provide an incentive for strict market surveillance.
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Our DORDA experts – Axel Anderl, Alexandra Ciarnau and Philipp Nöhrer-Resch – are happy to assist you, drawing on their practical experience.