June 1, 2024
Updated on
June 15, 2026
Accessible Website: Who Falls Under BFSG Obligation in 2026
Do you want to know if your website is affected by the BFSG and what penalties apply? Here's the most direct answer you'll find.
Table of contents
The Accessibility Strengthening Act (BFSG) has been in effect since June 28, 2025.
Only in 2026 will the true practical implications of the law become apparent: market surveillance authorities will actively monitor, and cease-and-desist letters will increase. Most guides address the topic either purely from a legal or a technical perspective. In this article, we aim to shed light on both...
...and incidentally, make accessibility appealing as a conversion driver!
Disclaimer: This article does not constitute legal advice. For specific legal questions, please consult a specialized lawyer.
Summary
The BFSG affects all companies offering B2C services online: online shops, booking platforms, banking services, e-books, and telecommunications. The technical standard is WCAG 2.1 Level AA, referenced via the European standard EN 301 549. Violations can result in fines of up to 10,000 Euros for formal deficiencies and up to 100,000 Euros for serious or repeated violations.
The good news: The same measures that make your website legally compliant also improve forms, contrasts, and navigation for all users. A concrete first step you can take today: complete the 10-point quick check further down in the article. And if you want to know immediately whether your company is affected at all, scroll directly to the decision tree in the next section.
Who is subject to the BFSG – and who isn't?
The BFSG is the German implementation of the European Accessibility Act (EU Directive 2019/882). It transposes the European Accessibility Act into German law and requires that digital products and services be designed to be accessible. Specifically, this affects online shops, apps, booking platforms, and all websites that offer services directly to end-consumers (B2C).
In plain terms: If something can be bought, booked, or a contract concluded via your website, you are very likely affected.
The affected service areas:
- Online shops and e-commerce platforms – From individual Shopify stores to large e-commerce platforms.
- Banking services and online banking – Account management, transfers, loan applications.
- Telecommunication services – Provider websites for contract sign-up.
- E-books and digital publications – Sales platforms and reading applications.
- Passenger transport – Booking systems for train, bus, flight, rental cars.
And here's the honest distinction that many competitor guides omit: The BFSG only applies to providers of services in electronic commerce (i.e., services provided entirely online or without physical presence). Anyone who provides their services in person and merely uses their website for contact or advertising simply does not fall under the law. A pure 'business card' website without a purchase or booking function is generally not affected. Yes, this limits the scope. And yes, many warnings ignore this point. More on that later.
The micro-enterprise exception
Only micro-enterprises that provide services, have fewer than ten employees, and have an annual turnover or balance sheet total of no more than two million euros are exempt. For everyone else, the requirements are binding.
Three important limitations of this exception:
- Both criteria must be met simultaneously: As soon as even one threshold is exceeded, i.e., 10 or more employees OR more than 2 million euros in turnover, the BFSG applies in full.
- The exception does not apply to product requirements: Anyone selling smartphones, computers, or e-readers must meet the accessibility requirements regardless of company size.
- Even exempted micro-enterprises benefit from accessible design – because lost usability means lost reach.
Transition period (and why it protects very few)
The transition period stipulated in Section 38 of the BFSG until 27. Juni 2030 only applies to service providers who use products to provide their services, which they lawfully used before June 28, 2025, as well as for contracts concluded before this date. For purely digital B2C services and online shops it does not apply. These must be accessible without a grace period since June 28, 2025. And even where the deadline applies, it only offers limited protection against official fines and no protection at all against warnings from competitors, consumer protection associations, or specialized law firms.
Two questions to guide your decision:
- Does my website offer B2C services online (buying, booking, concluding contracts)? If not, you are generally not affected.
- If yes: Do I meet the micro-enterprise threshold (under 10 employees UND and a maximum of 2 million euros in turnover or balance sheet total)? If yes, the exception applies. If no, the BFSG applies in full.
What is specifically required: WCAG 2.1 AA explained
The relevant technical standard is WCAG 2.1 Level AA, referenced via the harmonized European standard EN 301 549. Those who comply with this standard benefit from the legal presumption of conformity: compliance then serves as proof that the accessibility requirements are met. The newer WCAG 2.2 is recommended and considered state-of-the-art, but is not yet legally mandatory.
WCAG 2.1 AA is based on four principles. Here they are with practical examples.
1. Perceivable
Content must be prepared in such a way that all users can perceive it, regardless of whether they can see, hear, or both.
- Alt text for images: A product photo without a description is invisible to screen reader users. Imagine an empty shelf in a store – that's exactly how For a blind person an image without alt text feels.
- Color contrast of at least 4.5:1 for normal text: Light gray text on a white background fails this test, no matter how "modern" the design appears. You can check the contrast for free with the WebAIM Contrast Checker .
2. Operable
Every function must be accessible to users who cannot use a mouse.
- Full keyboard navigation: Every button, form field, and link must be reachable via the Tab key and actionable via Enter, as some users with motor impairments rely solely on keyboard navigation.
- No auto-playing audio or autoplay video without a pause option: Autoplay blocks screen reader output and overwhelms users with cognitive impairments. A pause button is mandatory.
3. Understandable
Content and operation must be designed so that users can understand and use them correctly.
- Meaningful form error messages: "Invalid input" is not enough. "Please enter an email address in the format name@domain.de " – that's understandable. This point, by the way, helps every user, not just people with disabilities.
- Page language in HTML code: Specifying
<html lang="de">ensures that screen readers read the text in the correct language. If it's missing, German text will be read with an English pronunciation.
4. Robust
The technical foundation must be built so that assistive technologies can reliably interpret the content.
- Semantic HTML instead of Div soup: Headings must be actual H1, H2, H3 elements – not just bolded text blocks. Screen readers use the heading structure for navigation, similar to a table of contents.
- Use ARIA attributes correctly: Bad ARIA is often worse than no ARIA at all. Faulty ARIA roles create confusing, contradictory outputs for assistive technologies. When in doubt: omit it and write clean HTML.
The 10-Point Quick Check
Any website owner can check these ten points themselves in 20 minutes, even without technical knowledge. They cover the most common violations that specialized law firms systematically look for.
- Keyboard Navigation: Can you navigate the entire website using the Tab key, without using a mouse? Can you see where the focus currently is?
- Alt Text: Do all images have descriptive alt text? Not 'image001.jpg', not 'Image', but a true description of the content?
- Color Contrast: Is the contrast ratio between text and background at least 4.5:1? Check it with the free WebAIM Contrast Checker.
- Form Labels in Code: Are all form fields associated with labels? Not just visually, but technically via the 'for' attribute.
- Error Messages: Do forms clearly indicate what is wrong and how it can be corrected when an incorrect entry is made?
- 200% Zoom: Can the text be magnified to 200% without content being cut off or overlapping?
- Video Subtitles: Do embedded videos have subtitles?
- Accessibility Statement: Is there an accessibility statement according to § 13 BFSG, accessible in the footer?
- Page language in HTML: Is the main language of the page specified in the HTML code (
<html lang="de">)? - No Autoplay: Does no audio or video start automatically when the page loads?
Every "No" is a potential violation. Three or more "No's" mean: urgent action is required.
For the complete test using automated tools and manual testing techniques, you will find detailed instructions in our article Test Website Accessibility. Important to know: Automated tools only find about 30 to 40 percent of WCAG violations. Manual testing is indispensable.
Fines, Warnings, Enforcement 2026
2026 is the year when enforcement truly begins. Two independent paths lead to consequences and often run concurrently.
Official Control (MLBF)
With the state treaty coming into force on 26.09.2025, the Market Surveillance Authority of the Federal States for the Accessibility of Products and Services (MLBF AöR), as a new public law institution in Saxony-Anhalt, in the state capital Magdeburg, commenced its operations. Since early 2026, the MLBF has entered its active phase; the market surveillance strategies for products and services were adopted by the Administrative Board in early 2026. The authority is actively conducting inspections.
The Fine Structure:
- Standard violations cost up to 10,000 Euros: for example, a missing accessibility statement or individual WCAG errors.
- Severe or repeated violations cost up to 100,000 Euros: systematic non-compliance or deliberate disregard.
In extreme cases, the authority can prohibit the operation of an online shop.
Regulatory enforcement typically begins with a complaint, followed by an investigation, a warning with a deadline, and only then a fine procedure. So, no need to panic, but also no reason for complacency.
Competition Law Cease-and-Desist Letters
Cease-and-desist letters began in August 2025. Since summer 2025, there have been two waves of cease-and-desist letters. Wave 1 (from August 2025): CLAIM Rechtsanwalts GmbH. Wave 2 (from February 2026): Law firm MK (Michael Krause, Berlin). Since February 2026, law firm MK has been sending out significantly higher demands (approx. 2,700 Euros).
Who can issue warnings?
Direct competitors (most frequent source, especially among shops in the same product niche), consumer protection organizations (consumer centers have included BFSG violations in their monitoring), and specialized law firms that systematically scan for violations.
The total costs of a single cease-and-desist letter quickly reach the mid-four-figure range and typically include the sender's legal fees (1,000 to 3,000 Euros), one's own legal advice (500 to 2,000 Euros), and the remediation costs.
And now for the important nuance: Whether BFSG violations are subject to cease-and-desist letters under the UWG has not yet been decided by any court (as of March 2026). Many specialist lawyers consider the current warnings to be legally challengeable. Anyone who receives a cease-and-desist letter for alleged BFSG violations should remain calm, as many of these letters have significant legal weaknesses. Panic is not a good advisor; a specialist lawyer is. For the remainder of 2026, experts expect the first public court rulings on the interpretation of the BFSG.
One last, crucial point: Many companies believe that paying a cease-and-desist law firm resolves the issue. That is incorrect: Anyone who pays a cease-and-desist letter but does not adapt their website remains under regulatory scrutiny.
Accessibility as a Conversion Driver
Here's the paragraph no other BFSG guide writes this way. Because accessibility isn't just about compliance; it can also deliver a measurable ROI.
By the end of 2023, approximately 7.9 million severely disabled people lived in Germany. That's 9.3% of the population. In addition, millions of people with milder disabilities, chronic illnesses, and age-related limitations are not even included in this figure. Then there are situational limitations: a broken arm, glaring sunlight on a smartphone screen, a toddler in one arm, poor mobile reception. Suddenly, we're talking about a very large target group.
The principle behind this is called the "Curb Cut Effect": Curb cuts were originally built for wheelchair users, but parents with strollers, delivery personnel with trolleys, and anyone with a suitcase also benefit from them. Digital accessibility works the same way:
- Better forms with clear error messages reduce abandonment rates for all users – with or without disabilities.
- Higher contrasts improve readability on any smartphone display, especially in bright ambient light.
- Clear navigation and consistent structures reduce cognitive load for everyone. Less confusion means fewer drop-offs.
And then there's the SEO side effect: Semantic HTML, alt text, structured headings, correct page titles; what helps screen readers also helps search engine crawlers. Accessibility and search engine optimization share a surprisingly large technical overlap.
Make Your Website Compliant in 3 Steps
The typical path to BFSG compliance consists of three steps. None of them are rocket science, but all require structure.
Step 1: Structured Audit
A systematic audit determines the current state of your website and prioritizes findings based on legal risk and user impact. This combines automated tools with manual testing – because, as mentioned, tools alone only find a fraction of the problems. For a comprehensive overview of the audit process, please refer to our UX Audit Guide.
Step 2: Prioritization
Not all findings are equally urgent. Critical errors such as missing contrasts, missing alt text, or unlinked form labels can often be resolved within 2 to 4 weeks. More profound structural issues (missing semantic HTML foundation, complex ARIA patterns) require more time and developer coordination.
Step 3: Implementation with Developer Briefing
The audit results are converted into concrete, prioritized tickets for the development team. The most critical errors can be fixed within 2 to 4 weeks. Full WCAG 2.1 AA compliance typically requires 6 to 12 weeks with professional implementation.
Full compliance isn't a weekend sprint. Those who start now will be significantly better positioned than those who wait until the next quarter.
A Word on Overlay Tools
JavaScript widgets that promise "1-click accessibility" are not considered BFSG-compliant. Accessibility must be solved in the code, not by a JavaScript widget layered on top. Worse still, overlays can degrade the user experience for affected individuals because they interfere with existing ARIA structures and introduce their own usability issues. Unfortunately, there are no shortcuts.
For those who cannot or do not wish to conduct the audit themselves, a professional UX and accessibility audit offers a structured starting point. The result is a prioritized action plan that clearly shows where you should begin.
Conclusion
The BFSG is no longer a paper tiger. 2026 is the year when waiting will become more expensive than acting.
Two concrete next steps:
- Now: Complete the 10-point quick check at the top of the article. 20 minutes. No tools needed. You'll know where you stand afterwards.
- This week: For a complete assessment, have a professional UX and accessibility audit conducted. The difference between "we think we're compliant" and "we know we are" can be a five-figure sum in a critical situation.
Companies that address accessibility now secure legal certainty and a measurable advantage over competitors who are still hesitating. While others wait for the first court ruling, you will already have better forms, higher contrasts, and more satisfied users.
BFSG FAQ
Does the BFSG apply to my company website?
The key factor is whether your website offers B2C services – meaning users can buy, book, or enter into contracts through it. If you provide services in person and only use your website for contact or advertising, the law simply does not apply to you. Also, check if you meet the micro-enterprise exemption (fewer than 10 employees AND a maximum turnover of 2 million Euros). When in doubt, remember: the exemption is narrowly defined.
How much does an accessibility audit cost?
Costs vary depending on website complexity, number of pages, and technical stack. For context: Proactive compliance is cheaper than defending against even a single warning letter. Specific pricing information for our audit packages can be found on our pricing page.
Is an overlay tool sufficient for BFSG compliance?
No. Overlay widgets are not reliably interpreted by screen readers and can interfere with existing ARIA structures. Authorities do not accept them as proof of compliance. Customers who paid for overlay solutions were still not WCAG compliant. Accessibility must be implemented in the code.
By when do I need to act?
For digital B2C services and online shops, there is no grace period after June 28, 2025 – they must already be accessible. The transition period until June 27, 2030 (§ 38 BFSG) applies only in very limited cases: for service providers who continue to use products lawfully used before June 28, 2025, and for contracts concluded before this date. Don't rely on it. Regardless, the risk of warning letters already exists. Those who act today reduce both risks simultaneously.
What is the difference between BFSG, WCAG, and EN 301 549?
The BFSG is the German law (implementation of the European Accessibility Act). EN 301 549 is the European standard to which the law refers. WCAG 2.1 Level AA is the specific technical testing standard referenced by EN 301 549. All three are related – but WCAG 2.1 AA is what your developers actually need to implement.
