BFSG in Germany: Accessibility Requirements for Digital Products & Services

BFSG in Germany: Key Accessibility Requirements for Digital Products & Services

BFSG in Germany: Accessibility Requirements for Digital Products & Services

The Barrierefreiheitsstärkungsgesetz (BFSG), also known as the Barrier-Free Accessibility Act, is a crucial piece of legislation in Germany that aims to ensure digital products and services are accessible to people with disabilities. This article will give you an overview of the key aspects of the law, including the products and services affected, exceptions for small businesses, and the implementation timeline.

What Products and Services Are Affected by the BFSG?

The BFSG applies to both products and services that are available to the public. The goal is to make these products and services usable for people with disabilities.

Affected Products

The BFSG covers products that have interactive functions or are commonly used in digital environments. Some examples include:

  • Digital Devices: Computers, smartphones, tablets
  • Self-Service Terminals: ATMs, ticket machines, check-in kiosks
  • Consumer Electronics: E-Book readers, smart TVs with internet access, routers

Affected Services

The law also applies to various digital services, especially in the realms of e-commerce and telecommunications. Some examples are:

  • E-Commerce Websites: Online shops and platforms selling products or services
  • Mobile Apps: Apps for services, entertainment, or utilities
  • E-Book Services: Platforms providing digital books or content
  • Online Appointment Booking Systems: Services allowing users to book appointments for services (e.g., doctor appointments, reservations)
  • Telecommunication and Banking Services: Online banking services, mobile communication apps

Who Is Exempt from BFSG Requirements?

While the BFSG applies to many businesses, micro-enterprises are exempt from the law’s accessibility requirements under certain conditions.

Definition of Micro-Enterprises

A micro-enterprise is a business that meets these two criteria:

  • Fewer than 10 employees
  • Annual turnover or balance sheet total of less than €2 million

Important:

  • Micro-enterprises offering only services (e.g., consultancy, digital services) are exempt from the BFSG requirements.
  • However, micro-enterprises that produce or sell products (such as devices, software, etc.) must comply with the accessibility standards.

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Exemption Based on Disproportionate Burden

  • A business can also apply for an exemption if fulfilling the accessibility requirements would lead to a disproportionate financial or organizational burden. This must be documented and reported to the appropriate market surveillance authorities.

Implementation Timeline and Transitional Periods

  • The Barrierefreiheitsstärkungsgesetz will come into effect on June 28, 2025.

    • There are transitional periods of up to 15 years for some areas, giving businesses additional time to fully comply with the accessibility requirements.

Conclusion

The Barrierefreiheitsstärkungsgesetz (BFSG) aims to improve accessibility for digital products and services, ensuring that they are usable for people with disabilities. Micro-enterprises (businesses with fewer than 10 employees and less than €2 million in annual turnover or balance sheet total) are generally exempt from the accessibility requirements if they only provide services. However, businesses that manufacture products must comply.

This article provides a high-level overview of the BFSG. It is not a complete guide, and businesses should consult with a legal expert to ensure full compliance with the law.

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Disclaimer

This Article Is for Informational Purposes Only and does not claim to be exhaustive. For personalized legal advice tailored to your unique circumstances, consulting a professional legal advisor is recommended.

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