June 1, 2024
Accessibility reinforced: the BSFG comes into effect in 2025
The Accessibility Improvement Act (BSFG) comes into force on June 28, 2025. This law will ensure that people with disabilities have easier access to important services and products.
Im Gespräch mit Oliver Stöcker
Affected services
The BSFG affects several important services. Electronic communication services such as telephone services and services that provide access to audiovisual media, including websites and apps of TV broadcasters or streaming platforms, must comply with the requirements. Certain transportation services such as air, bus, rail and shipping are also included. This means that their websites, mobile applications, electronic tickets, real-time travel information and interactive self-service terminals must be accessible.
Affected products
The products covered by the BSFG include consumer hardware systems such as computers, tablets and their operating systems. Payment terminals in stores and restaurants as well as self-service terminals (e.g. ATMs, ticket machines) and interactive consumer terminals for telecommunications and audiovisual services must also be accessible. This includes smartphones, tablets, smart TVs and e-book readers.
Exceptions
Microenterprises that employ fewer than ten people and have an annual turnover or a balance sheet total of no more than EUR 2 million are exempt from the BSFG for services, but not for products. In addition, services and products for which compliance with the requirements would cause fundamental changes or disproportionate burdens are exempt.
Reaching accessibility
In order to meet the requirements of the BSFG, services and products must be findable, accessible and usable for people with disabilities without the need for special difficulties or assistance. The four principles of digital accessibility according to the Web Content Accessibility Guidelines (WCAG) are perceptibility, usability, comprehensibility and robustness.
Implementation of digital accessibility
Several measures are required for a BSFG-compliant website: a responsive design, an improved user interface, easy-to-understand language, easy-to-read fonts, the ability to enlarge text, clear navigation, high color contrasts, clear labels for screen readers, text-to-speech functions, alt text for media content and subtitles for videos.
Useful questions to self-assess
When evaluating the accessibility of a website, you should ask yourself the following questions:
• Can the website also be operated using a keyboard instead of a mouse?
• Are fillable form fields clearly labeled and explained - Can the text size be changed?
• Can character and line spacing be adjusted without loss of content?
• Is multimedia content subtitled?
• Can multimedia content be paused, ended and faded out?
• Are headings and captions meaningful and understandable?
• Are interactive elements (e.g. buttons, toggles, menus) readable by assistive technologies?
Consequences of non-compliance
Non-compliance with the BSFG after June 28, 2025 constitutes an administrative offense, as does the marketing of non-accessible products or services or the lack of required information. Violations can result in fines of up to 100,000 euros.
Criticism and limitations
Despite its promises, the BSFG has been criticized for its minimal implementation of the requirements of the European Accessibility Act. Disability associations argue that the law does not go far enough and allows too many exceptions. There are also long transition periods that allow new, non-accessible ATMs to remain non-compliant until 2040.
Structural barriers
The BSFG does not address physical access to buildings that provide accessible services, which leaves many physical barriers unaddressed. The effectiveness of the law is further limited by inconsistent implementation at state level, leading to calls for stronger legal instruments and financial support to ensure comprehensive and sustainable accessibility. Barriers
Securing the future of accessibbility
To ensure accessibility in the long term, associations recommend giving organizations the right to sue non-compliant companies, providing funding for market surveillance and building expertise in accessibility standards. This holistic approach is crucial to ensure that all services and products remain accessible in the long term.
