Market Surveillance for Accessibility: How Checks Work

This article clarifies that the authority did not come into existence in January 2026, but that its active enforcement phase began then. It shows the legal basis it works on, how a check proceeds and what standard it applies to your offering.

Since when has market surveillance for accessibility been running?

The authority has existed since September 2025, and active checks have run since early 2026. According to a press release of the Saxony-Anhalt social affairs ministry dated June 1, 2026, the joint market surveillance authority of the federal states for the accessibility of products and services (MLBF) took up its nationwide work in September 2025. It is a joint public-law institution of the 16 federal states, based in Magdeburg.

That checks only became visible in 2026 is explained by the build-up of the authority. According to the MLBF, it moved into its premises at the start of 2026, and its board adopted the strategies for products and services on January 29, 2026. The BFSG itself has applied unchanged since June 28, 2025, the date from which the EAA also takes effect in the EU. The official sources show no evidence of a deliberate postponement of checks to January 2026.

How enforcement looks after more than a year is covered in our article BFSG Market Surveillance: Interim Review After Over a Year.

Which legal bases apply: directive, regulation and the BFSG?

The EU sets the framework, the BFSG implements it in Germany, and for online shops Section 28 BFSG governs the checks. The European Accessibility Act (EAA) is a directive, not a regulation. It therefore does not bind companies directly, but through national law. The title of the BFSG states expressly that it implements Directive (EU) 2019/882.

The position is different for Regulation (EU) 2019/1020 on market surveillance and compliance of products, which applies directly in every member state. Sections 20 and 21 BFSG declare parts of it applicable by analogy to the surveillance of products, for example for strategy and powers. For services such as online shops, Part 7 of the BFSG contains its own provisions, above all Section 28. This is the statutory basis for checking your offering.

The technical requirements are set out in the ordinance to the BFSG (BFSGV), to which Section 28 BFSG refers via Section 3(2). In practice this means that market surveillance of online shops follows the service rules of the BFSG and not product law. According to the Irish National Disability Authority, the EAA requirements apply to any company trading in the EU, regardless of where it is based.

Supervision remains national. Under Section 20(1) BFSG, the federal states ensure effective exchange of information with the authorities of other EU member states. According to its strategy, the MLBF cooperates with authorities in other EU states on a case-by-case basis. A formal reporting system via central EU database systems such as ICSMS is currently not planned for services. A uniform European supervision cannot be derived from this, as our article One Year of the EAA: Enforcement in Europe shows.

How does a check work: active, reactive and tiered?

Market surveillance by the MLBF runs on two tracks, and reactive cases take priority. This is set out in its market surveillance strategy for services (version of January 8, 2026). The strategy is risk-based and separates active checks without a specific trigger from reactive measures following reports.

• ✓ Active checks: The authority selects offerings by risk factors, including user reach, company size, relevance for independent living, complexity and interactivity, and public user feedback.
• ✓ Automated pre-checks: For web-based services the MLBF relies on testing software. This option captures far more offerings than manual checks could.
• ✓ Applications and reports: Consumers and recognised associations can file an application under Section 32 BFSG. The MLBF provides consumers with forms for this and a way to report barriers directly.
• ✓ General tips: Media reports, third-party complaints and tips from other authorities, including those from other EU member states, can also provide indications (Section 22 BFSG).
• ✓ Reports by providers: Anyone who finds non-conformity must correct it and inform the authority under Section 14(4) BFSG. If a provider invokes exemptions under Sections 16 and 17, the authority reviews that assessment (Section 28(3)).

Checks are both formal and substantive. The formal check covers the information about your service and its accessibility features. These are statutory information duties under Section 14(2) BFSG. For websites and mobile applications, the authority selects samples under Annex 1 and may check them even without a specific reason (Section 28(2)). The benchmark is the requirements of the ordinance to the BFSG.

A practical consequence can be drawn from the strategy, though it is not stated there as advice: several risk factors of market surveillance are in your hands. The authority rates providers that have attracted attention before or cooperated little more highly. You should therefore answer a reasoned request for information under Section 14(5) BFSG promptly and completely.

What are the consequences of violations: orders, bans and fines?

The BFSG provides a tiered model that ends in a ban and fines. Under Section 29 BFSG, the authority first requires corrective action within a reasonable period. If none follows, a second request is issued, threatening a ban. It may then order that the offering or provision of the service be discontinued. The provider has the option to prove conformity, in which case the authority lifts the order.

In addition, a violation can be an administrative offence. Under Section 37(2) BFSG, fines of up to 100,000 euros are possible, for example where a service is offered contrary to Section 14(1). In the remaining cases the range is up to 10,000 euros. Intent or negligence is required. Warning letters under competition law run as a separate legal route alongside this, as our article Received a BFSG Warning Letter: What to Do Now describes.

How market surveillance will proceed in individual cases is not yet documented. The strategy itself notes that no historical case numbers exist for the current period and that a data basis is being built first. According to the strategy, the approach of market surveillance follows the principle of proportionality.

What is the benchmark: EN 301 549, WCAG 2.1 or 2.2?

The statutory duty of accessibility is in the BFSG, but neither the act nor the ordinance provides technical detail. The practical benchmark is the standard EN 301 549, which adopts the WCAG for web content. The current version V3.2.1 is based on WCAG 2.1. Version V4.1.1, published on September 2, 2026, is based on WCAG 2.2 and, for the first time, maps its clauses to the requirements of the EU directive. According to the NDA, the standard is the technical reference for two EU regimes, the EAA and the web accessibility directive for public bodies.

The presumption of conformity under Section 4 BFSG is legally decisive. It provides that for harmonised standards whose references are published in the Official Journal of the EU, statutory requirements are presumed to be met. As of October 2026, no such standard has been published for the BFSG. Until then, according to the Federal Agency for Accessibility, the current EN 301 549 serves as the relevant guidance. The Irish National Disability Authority points out that V4.1.1 only becomes legally binding once the EU Commission cites it in the Official Journal, and names December 16, 2026 as the expected date. Other expert sources only refer to the end of 2026, so no date is certain.

As a decision aid: if you are building or rebuilding now, plan for WCAG 2.2 at Level AA. This largely covers the criteria of WCAG 2.1 as well, and gives you the option to avoid a second migration. The standard is still not automatic protection, because the BFSG additionally requires the information about your service. What the new version changes for shops is covered in the article EN 301 549 V4.1.1: What Changes for Online Shops.

SiteCockpit: keep accessibility in view continuously

Accessibility is not a one-off project, because every change to your shop, texts or checkout can introduce new barriers. This is where a continuous process helps, instead of a single check. easyMonitoring monitors your website continuously, uncovers errors such as contrast problems, missing labels or invisible keyboard focus, and delivers prioritised to-dos. No relaunch is needed for this. easyStatement creates your accessibility statement based on real test results, so the information about your service stays current. easyVision lets visitors adjust contrast, line spacing and font themselves. It complements the removal of barriers and does not replace it.

The dashboard shows conformity scores, prioritised to-dos and the option to export reports. This gives you dated, verifiable test results for internal audits and for requests from an authority.

What makes sense now

There is no reason to panic, but there is real need for action. Market surveillance works to a strategy, uses automated pre-checks and handles reports first. Those who know their statutory duty and implement it step by step improve both their offering and their evidence.

• ✓ Establish your status: Start with the Livecheck and check whether your information under Section 14 BFSG is complete, including the competent market surveillance authority.
• ✓ Fix the most common errors: Begin with contrast, alternative text, form labels and keyboard accessibility, especially in the checkout.
• ✓ Keep it in view: Test regularly, keep dated records of results and answer requests from the authority on time.

A step-by-step approach is enough if it is documented. With easyMonitoring you spot new barriers early and can evidence every step.

Note: This article provides general information on the legal situation (as of 10/29/2026) and does not replace individual legal advice.