Market surveillance for accessibility since January 2026: companies must act now

Why didn't the authorities start checking websites in June 2025?

Although the Barrierefreiheitsstärkungsgesetz (BFSG) came into force on 28 June 2025, operational market surveillance was postponed until January 2026. This is due to the extensive preparations that authorities at federal and state level had to make. In addition to coordination between the responsible authorities, this also included internal training, the recruitment of specialist staff and the development of clear testing procedures.

The authorities attached great importance to establishing a legally compliant and uniform inspection process. The aim was to provide companies and institutions with binding guidance and to ensure that the checks are carried out transparently, comprehensibly and in accordance with the law. After these preparations were completed, active monitoring has been running since January 2026.

Legal basis: EAA, BFSG and the role of WCAG 2.2

The legal requirements for digital accessibility are based on European and national regulations. The European Accessibility Act (EAA) forms the basis for the BFSG, which regulates implementation in Germany. For companies, this means that digital products and services, including websites, online shops and mobile applications, must be designed to be accessible and reviewed regularly.

The international standard WCAG 2.2 (Web Content Accessibility Guidelines) provides the technical basis for assessing accessibility. These guidelines define measurable criteria for accessibility, for example in terms of contrast ratios, keyboard operability and content structure. Compliance with these standards is essential in order to meet legal requirements and minimize potential risks.

Risks for companies: avoiding fines and loss of reputation

With market surveillance now underway, the risk for companies of being confronted with fines from authorities or civil action from competitors and associations in the event of violations of digital accessibility requirements increases. The authorities are authorized to impose severe penalties if websites and digital services do not meet the minimum legal standards.

In addition to financial penalties, there is also the loss of reputation: negative media coverage, complaints from users and public lists of non-compliant providers can have a direct impact on trust and conversion rates. Companies are therefore well advised to introduce measures to ensure accessibility and to review them continuously.

SiteCockpit: your solution for the new control practice

The SiteCockpit platform offers companies a central, modular solution to efficiently meet the requirements of the EAA, BFSG and WCAG 2.2. With automated monitoring (easyMonitoring), the customizable accessibility widget (easyVision) and the generator for accessibility statements aligned with legal requirements (easyStatement), websites, online shops and portals can be monitored, optimized and documented independently of the system.

SiteCockpit can be integrated in just a few minutes, no relaunch is required. The central dashboard provides companies with detailed analyses, prioritized to-dos and export options for reports in order to optimally prepare for both internal audits and external controls. Thanks to continuous monitoring, barriers are identified at an early stage and can be remedied in a targeted manner before legal consequences arise.

Why you should act now

Since market surveillance began in January 2026, the authorities have been carrying out active checks. Review your digital offerings for accessibility now and implement any necessary adjustments. By acting quickly, you minimize legal risks and avoid competitive disadvantages.

Companies also benefit from an improved user experience, greater reach and increased customer loyalty. Digital accessibility is not only a legal obligation, but also a valuable contribution to inclusion and a clear sign of innovative strength and future viability. Taking action now pays off in many ways: legally, economically and socially.