The Barrier-Free Accessibility Reinforcement Act (BFSG) came into full force on June 28, 2025. The aim of the regulation is to improve the equal participation of people with disabilities in everyday life by requiring certain products and services to be barrier-free in future. Its implementation presents many companies with new legal and organizational challenges.

Background and scope of the BFSG

The BFSG transposes EU Directive (EU) 2019/882 on accessibility requirements for products and services into German law. While public bodies were already obliged to ensure accessibility, the law now extends this obligation to non-public bodies for the first time.

Specifically, the BFSG requires certain products and services to be designed in such a way that they are accessible and usable for people with various disabilities. In particular, this includes digital products such as computers, notebooks, tablets and ATMs, as well as services such as messenger services, telephone services and e-books.

The BFSG brings the previous requirements of the BITV, WCAG and the BGG for accessible products and services in line with Directive (EU) 2019/882. In addition to the technical design, companies must, among other things, publish a declaration of conformity, maintain technical documentation and submit it on request. Compliance with the requirements is monitored by the responsible market surveillance authorities. Violations can lead to fines, sales bans or warnings.

Legal risks and practical challenges

The practical implementation of the BFSG involves considerable organizational and financial effort for many companies. Websites, apps, platforms or self-service terminals may have to be completely revised in order to comply with the required standards. New products must also be designed to be barrier-free right from the development stage.

Legal disputes can arise not only from official inspections. Consumers and authorized bodies such as associations have the right to report infringements or initiate arbitration proceedings. Competition law warnings from competitors cannot be ruled out either. Law firms should therefore make their clients aware of possible liability issues in particular: Who is liable if contracted IT service providers or agencies do not implement the requirements correctly? Which contractual clauses protect the client? How can the risk of reputational damage due to negative reporting be minimized?

Recommendations for companies – legally compliant preparation

In many cases, compliance with the requirements of the BFSG requires early and systematic planning. From a legal perspective, we recommend the following steps:

• Checking whether they are affected: Companies should first check whether and to what extent they are subject to the requirements based on the law and the specific product and service categories listed. It should also be checked whether exemptions or transitional periods are possible.
• Technical and organizational analysis: The next step is to take stock of all relevant digital services and devices. These should be checked for accessibility using the applicable technical standards. If necessary, external experts should be involved.
• Contractual safeguards: If the implementation is outsourced in whole or in part to third parties such as IT service providers or agencies, contractual provisions should be made regarding liability, quality assurance and documentation. Corresponding warranty and indemnification clauses can also be useful.
• Documentation and evidence: Companies should carefully document all implementation measures. This includes, in particular, the accessibility statement, internal test reports, technical evidence and, if applicable, explanations of disproportionate burdens.
• Training and awareness-raising: Employees, particularly in IT, marketing and customer service, should be trained in accessibility requirements. This is the only way to ensure that new content or products are continuously developed in compliance.

Your legal partner for implementation

The Accessibility Reinforcement Act brings with it new, sometimes complex obligations for many companies. At the same time, it offers the opportunity to understand accessibility not only as a legal requirement, but also as a quality feature and to make their own offerings accessible to broader user groups.

We provide you with comprehensive advice on all issues relating to the BFSG: from the legal classification of your products and services to the review and drafting of contracts and representation in arbitration or administrative proceedings. We are happy to support you in minimizing risks, meeting deadlines and implementing legal requirements efficiently and with legal certainty.

Contact us at any time if you are unsure. You can also use our handout on accessibility (PDF) as a guide, which clearly summarizes the most important steps.