Accessibility Strengthening Act (BFSG) – Legal Framework, Scope and Standards

The BFSG as Implementation of the European Accessibility Act

The BFSG is the national implementation of an EU-wide framework law: the European Accessibility Act (EAA), EU Directive 2019/882. The EU required all member states to transpose this directive into national law by June 2022 and to apply the provisions from 28 June 2025. In Germany, this resulted in the BFSG. Austria has its BaFG, Switzerland has its BehiG – national implementations vary in their details but all follow the same EU requirements. The German Bundestag passed the BFSG on 22 July 2021.

The aim of the EAA and therefore the BFSG is to harmonise accessibility requirements across the EU internal market: uniform requirements for products and services should both enable equal participation for people with disabilities and give businesses planning certainty, as they only need to meet a single EU standard. The law's underlying principle is that accessible design is not a special feature but a quality standard for all products and services in the EU market.

The specific technical requirements of the BFSG refer to the harmonised standard EN 301 549, which defines accessibility requirements for all ICT products and services in Europe and adopts the WCAG as technical guidelines for web-based content. This creates a clear hierarchy of standards: EU Directive 2019/882 → BFSG (Germany) → BFSGV (Regulation) → EN 301 549 → WCAG 2.1 Level AA.

Scope: Which Products and Services Fall Under the BFSG?

The BFSG distinguishes between products and services. Different obligations apply to each: manufacturers and traders of products must ensure their products meet the BFSG requirements before placing them on the market. Service providers must design their services accessibly. Both fall under the BFSG as soon as they offer their products and services to consumers.

Products covered by the BFSG:

• ✓ Computers and operating systems: Consumer hardware and software – laptops, desktop computers and their operating systems fall under the product obligations of the BFSG
• ✓ Smartphones and tablets: Mobile devices with telecommunications functionality including their software and operating systems – manufacturers and traders must meet BFSG requirements
• ✓ E-books and e-readers: Dedicated reading devices for e-books and e-books themselves are products under the BFSG; e-book manufacturers and traders offering these products to consumers are obligated
• ✓ Self-service terminals: ATMs, ticket machines and interactive self-service devices – transition periods apply for these products until a maximum of 2040
• ✓ Television sets: Devices with digital television reception functions and interactive applications also fall under the product scope of the BFSG

Services covered by the BFSG:

• ✓ E-commerce: Services in online trade – websites and applications through which businesses sell products and services to consumers fall directly under the BFSG
• ✓ Banking services: Online banking, financial applications and digital banking services for consumers – the provision of these services via digital channels must meet BFSG requirements
• ✓ Telecommunications services: Interpersonal telecommunications services for consumers, including the associated applications and digital content
• ✓ E-book services: Platforms and services through which e-books are offered to consumers – the provision of these services is subject to BFSG requirements
• ✓ Passenger transport: Websites and applications of airlines, rail operators and bus companies through which consumers book tickets or access journey information

The BFSG obligations apply throughout the supply chain: manufacturers must ensure their products meet requirements before placing them on the market. Traders selling products to consumers may only offer compliant products. Service providers are responsible for the accessible design of their digital applications and services. The concept of "provision" of services is interpreted broadly: any form of offering a service to consumers falls under the BFSG regardless of whether provision is fully digital or partially analogue.

BFSGV, EN 301 549 and Guidelines – The Technical Requirements

The BFSG itself does not contain detailed technical requirements. These are specified through two instruments: the BFSGV (Regulation on the Accessibility Strengthening Act) as a statutory ordinance, and harmonised technical standards referenced by the BFSGV.

The BFSGV specifies which design measures are required for which products and services. It references the harmonised standard EN 301 549, which defines accessibility requirements for all ICT products and services in Europe. EN 301 549 adopts the WCAG as technical guidelines for web-based content and applications, making WCAG 2.1 Level AA the definitive technical reference for digital implementation of BFSG requirements.

The four core principles of the WCAG also structure the BFSG requirements for digital content and applications:

• ✓ Perceivable: All content and information must be perceivable via at least two sensory channels; alternative texts for images, subtitles for videos and sufficient colour contrast are concrete measures to meet this requirement
• ✓ Operable: All functions of products and digital applications must be fully operable via keyboard; users must have sufficient time to read and use content
• ✓ Understandable: Text and interactive elements must be designed to be understandable; navigation must be consistent and predictable; forms require clear labels and comprehensible error messages
• ✓ Robust: Content must be compatible with different browsers, devices and assistive technologies such as screen readers; technical implementation must be interoperable and future-proof

In addition to the BFSGV and EN 301 549, the BMAS publishes guidelines to support businesses in implementing the BFSG. These guidelines are not legally binding standards but practical guidance: they explain how the legal requirements should be applied in specific product and service categories and indicate which measures are possible to meet the statutory requirements.

Federal Ministry of Labour and Social Affairs – Responsibility and Guidelines

The Federal Ministry of Labour and Social Affairs (BMAS) is the central authority responsible for shaping the BFSG in Germany. The BMAS was involved in drafting the law, is responsible for developing the legal framework further, and publishes guidelines that help businesses implement the BFSG requirements. It also coordinates with the European Commission on developing the EAA.

Operational enforcement lies with the market surveillance authorities of the German federal states. These authorities check whether products and services meet BFSG requirements and can take action in the event of violations. The division between the BMAS as the ministry responsible for legislation and the state authorities as enforcement bodies reflects Germany's federal administrative structure.

The BMAS guidelines are an important orientation for businesses, particularly where the BFSG requirements for certain product categories or services are unclear. They interpret the scope of the BFSG, explain the requirements of the BFSGV and indicate which measures are possible to satisfy the legal provisions.

BFSG and BITV 2.0 – Differences in Scope

The BFSG and BITV 2.0 are both legal frameworks for digital accessibility in Germany but differ fundamentally in their scope:

• ✓ BFSG – for private businesses: The BFSG applies to manufacturers, traders and service providers offering products and services to consumers; it is aimed at private sector businesses above certain thresholds
• ✓ BITV 2.0 – for federal public bodies: The BITV applies exclusively to federal ministries, federal authorities and other public bodies at federal level; requirements for public bodies at state level are governed by separate state legislation
• ✓ Common ground – WCAG basis: Both frameworks reference WCAG-based technical standards; the concrete requirements for digital content are therefore similar, even though the legal foundations and scope differ
• ✓ Difference – origin and legal framework: The BFSG is based on EU law (EAA), the BITV 2.0 on national federal law; for businesses the BFSG applies, for authorities the BITV; overlap is minimal as the scopes are clearly separated

For businesses in Germany, the BFSG is the relevant law. The BITV is only relevant when a business acts as a service provider for public bodies and must meet accessibility requirements beyond those of the BFSG. The BITV 2.0 lexicon entry explains the details.

Frequently Asked Questions about the BFSG