Need for Action According to the Accessibility Improvement Act

Why is the Accessibility Improvement Act being introduced?

In recent years, providers of digital products and services have already had to implement a number of regulations on their websites, such as the Telecommunications-Digital Services-Data Protection Act (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz – TDDDG), which includes provisions for handling cookies; the General Data Protection Regulation (Datenschutz-Grundverordnung – DSGVO), which standardises the processing of personal data across Europe; and the Digital Services Act (Digitale-Dienste-Gesetz – DDG), which contains regulations concerning the legal notice requirement for digital services.

With the implementation of Directive (EU) 2019/882 on the accessibility requirements for products and services, website operators are now required to meet further accessibility-related obligations.

The aim of the Accessibility Improvement Act (Barrierefreiheitsstärkungsgesetz – BFSG) is to establish uniform accessibility standards for (digital) products and services. This is intended to ensure equal participation in economic life for persons with disabilities, older individuals, and people with limited digital skills.

What do the requirements involve, and which companies are affected?

Manufacturers and providers of products or services may only place them on the market in future if the accessibility requirements are met. A product or service is deemed accessible if it can be accessed and used without external assistance. The precise definition is laid out in the Executive Order on the BFSG (Barrierefreiheitsverordnung – BFSGV). Key requirements may vary depending on the offering, such as adjustable font sizes and acoustic features, the provision of alternative texts, suitable colour schemes and high contrast, as well as additional audio output or subtitles. If specific EU-harmonised technical standards or DIN and ISO norms are met, compliance with the accessibility requirements is presumed.

As a general rule, the requirements must be implemented by all manufacturers, importers, distributors, and service providers of the products and services listed below. Only micro-enterprises with fewer than ten employees and an annual turnover or balance sheet total of no more than EUR 2 million are exempt from this obligation.

Note: Exemption from the requirements is possible if the implementation would constitute a disproportionate burden or impair essential product characteristics.

Affected products include:

• Hardware systems including operating systems
• Self-service terminals: payment terminals, ATMs, ticket machines, check-in machines, and information terminals
• Consumer devices with interactive functionality used for telecommunications services or access to audiovisual media services
• E-book readers

Affected services include:

• Telecommunications services
• Elements of passenger transport services: websites, apps, electronic tickets and ticketing services, provision of traffic information, and interactive self-service terminals
• Consumer banking services
• E-books and associated software
• Services in electronic commerce

In addition to the implementation of accessibility requirements, the BFSG imposes specific labelling obligations on affected companies. For example, manufacturers must indicate the product, type or serial number, their name, address, and the CE marking. An accessible user manual and safety information must also be provided.

Note: Companies must implement the requirements of the BFSG by 28 June 2025. Failure to comply may result in fines of up to EUR 100,000. In addition, companies may face consequences under competition law and product liability warranty claims if accessibility is not ensured.

How we support you

Companies should take appropriate steps to implement the requirements under the BFSG. To minimise legal risks, particular attention should be paid to webshops, digital offerings, and interactive end devices. We support you with:

• Reviewing your products and services for accessibility
• Developing tailored recommendations for action
• Supporting you in implementing the requirements