On June 28, 2025, the German Accessability Enhancement Act (“Barrierefreiheitsstärkungsgesetz” – “BFSG”) entered into force. It implements the European Accessability Act (Directive (EU) 2019/882 – “EAA”) into German law. Companies should therefore carefully check whether and how their products and services are affected by this new legislation. The BFSG is of particular relevance for manufacturers, importers, distributors, and service providers in the B2C sector. Companies involved in the online distribution of digital products and services should therefore carefully assess whether and how their offerings are affected by this new legislation.
Scope of Application, Addresses and Obligations
The BFSG aims to better enable people with disabilities to participate in social life, focusing on digital accessibility. Its scope mainly covers IT products and services, such as computers, cell phones, self-service terminals, e-books and e-commerce services. It obliges manufacturers, importers, retailers and service providers, but exclusively in the B2C sector. Only enterprises with less than ten employees and annual sales under EUR 2 million are not subject to the BFSG.
Overview: Uncertainties and Legal Risks in Case of Non-Compliance
The BSFG primarily obliges the addressees to only place a product on the market if it meets the accessibility requirements. For example, information such as instructions for use of a product must be made available via more than one sensory channel and presented in an understandable manner.
Moreover, the BFSG foresees inter alia a range of documentation, conformity assessment and labeling obligations. Further, service providers must provide an accessibility statement on their websites.
However, these obligations do not apply if there is a risk of “fundamental changes to the essential characteristics” of the product or service (e.g. if BFSG compliance would require changes to the product which would render it a different product type in the perception of the trade) or if compliance with the requirements “would lead to a disproportionate burden” (e.g. the product would objectively become too expensive for the market if adapted to the requirements of the BFSG) on the obligated party regarding the specific product or service.
The aforementioned requirements and exceptions come with various legal uncertainties. For example, the terms “understandable manner” or “disproportionate burden” are unclear and require legal review, case-by -case.
This is even more relevant as non-compliance triggers various legal risks. For example, market surveillance authorities could impose fines or oblige companies to recall their non-compliant products. It is unclear if this obligation complies with the EAA, which does not mention recall of products.
The BFSG also likely is a market conduct rule under the German Act against Unfair Competition (“Gesetz gegen den unlauteren Wettbewerb” – “UWG”). Thus, customer protection associations and competitors could use the whole toolkit of the UWG against a company in breach of the BFSG, e.g. raising cease-and-desist claims (in the worst case enjoining the sale of the product or service) and, subject to further conditions, claim damages or surrender of profit.
Checking required adjustments
Companies are advised to carefully check the accessibility of their products and websites and make the necessary adjustments. As the BFSG is already in force, and breaches can in most cases easily be identified from the outside, this should be treated as a matter of urgency.
Attribution: SZA Team
