Received a BFSG Warning Letter: What to Do Now
Since the BFSG took effect, warning letters alleging inaccessible websites have increased. Many are legally questionable, but you still need to respond correctly.
Summary
Since the BFSG took effect on June 28, 2025, certain law firms have sent mass warning letters alleging accessibility violations, often with questionable competitive relationships and vague justifications. Whether BFSG violations can even be pursued under German competition law (UWG) has not yet been settled by the courts. Meanwhile, the market surveillance authority has been actively enforcing independently of private warning letters since January 2026, with fines up to €100,000. Affected businesses should note the deadline, avoid signing a cease-and-desist declaration hastily, and have the letter reviewed by a lawyer.
Received a BFSG Warning Letter: What to Do Now
Since the German Accessibility Strengthening Act (BFSG) took effect on June 28, 2025, more and more companies are receiving mail from specialized law firms: a BFSG warning letter. The allegation is usually vague, claiming the website is not accessible. Many of these letters are legally challengeable, but that doesn't mean you should simply ignore them.
Who is currently sending BFSG warning letters?
Several waves of warning letters have become known since summer 2025. One Düsseldorf-based law firm demands around 600 euros on behalf of an alleged competitor, while another firm has been sending significantly higher demands of around 2,700 euros since February 2026. Notably, in many cases the alleged competitor is not actually an active online retailer themselves, which raises doubts about the competitive relationship required for a valid warning letter.
Are BFSG warning letters even legally valid?
The legal situation remains unresolved. Whether BFSG violations can actually be pursued under German competition law (UWG) has not yet been conclusively decided by any court. Lawyers point to typical weaknesses: lack of a genuine competitive relationship, vague rather than specific justification of the alleged violation, and inflated claim values. If the letter fails to specify exactly which rule and which part of the website was violated, it may already be invalid on formal grounds.
How to respond correctly to a warning letter
Immediate steps at a glance
- Note the deadline: Record the date of receipt and every deadline mentioned in the letter.
- Don't sign hastily: The enclosed cease-and-desist declaration is usually backed by a contractual penalty and commits you long-term.
- Have it reviewed by a lawyer: A lawyer specializing in competition law can assess whether the competitive relationship and justification actually hold up.
- Check your website regardless: Regardless of whether the warning letter itself is valid, a genuine accessibility check is worthwhile since market surveillance is active in parallel.
Fines apply regardless of private warning letters
Beyond private warning letters, there is a second, regulatory path: since January 2026, the market surveillance authority has been actively enforcing independently of civil disputes. Formal shortcomings, such as a missing accessibility statement, can result in fines up to €10,000. Serious substantive violations, such as inaccessible core website functions, can result in fines up to €100,000. Even if you pay a private warning letter but don't actually fix your website, you remain at regulatory risk.
SiteCockpit Solution
The only lasting protection: genuine accessibility
Whether a specific warning letter is ultimately challengeable or not, the most sustainable protection against further warning letters and fines remains a genuinely accessible website. With easyMonitoring, you automatically test against WCAG 2.2 and receive prioritized recommendations. With easyStatement, you create the legally required accessibility statement, the absence of which alone poses a fine risk.
Discover easyMonitoring →A BFSG warning letter is unpleasant, but not a reason to panic. Review the claim carefully, don't act rashly, and use the situation as an opportunity to make your website genuinely accessible, regardless of whether the specific warning letter turns out to be valid.
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