The EAA and Germany’s accessibility requirements:
The European Accessibility Act (EAA) aims to ensure that people with disabilities have equal access to products and services across the European Union. In Germany, this has been adopted into domestic law by the Barrierefreiheitsstärkungsgesetz(BFSG), or Accessibility Strengthening Act, mandating that certain products and services be accessible to all. Failure to comply can result in penalties of up to €100,000 for non-compliance.
Pre-existing framework:
Germany has long been committed to web accessibility and consumer protection. Initially enacted in 2002, the Behindertengleichstellungsgesetz (BGG), or German Disability Equality Act, mandates comprehensive accessibility to products and services for all, irrespective of their physical, sensory, cognitive, or other disabilities. This act specifically applies to the public sector. A significant update in July 2018 strengthened the BGG by integrating the EU’s Web Accessibility Directive (WAD), further reinforcing accessibility requirements for public sector entities.
Understanding the BFSG:
According to the law, products and services are considered “barrier-free” if people with disabilities can find, access, and use products or services without particular difficulty and, in principle, without outside help. This definition is derived from the BGG but is tailored to cover private-sector obligations. This law, set to take full effect in June 2025, applies to a range of products and services, including smartphones, ATMs, and online shops.
The BFSG applies to all manufacturers, distributors, importers of specified products, and listed service providers. From June 28, 2025, products may only be placed on the market if they:
- Meet the required technical accessibility requirements
- Have undergone the conformity assessment procedure
- Are provided with an EU declaration of conformity or a CE marking
Services listed may only be offered if they meet the accessibility requirements and the accessibility standards set.
Technical standards:
- The BFSG observes the EN 301 549 technical standards to help ensure uniformity in standards across the EU.
- The BGG uses the Barrier-Free Information Technology Ordinance 2.0 ( BITV 2.0 ) for federal public bodies technical requirements, though it uses a large portion of the EN 301 349 for website standards.
The German government is committed to digital accessibility and is releasing materials to help companies meet compliance requirements before June 2025. In 2024, the government launched the KoliBri initiative, an open-source library designed to improve the usability and accessibility of web applications. KoliBri provides accessible and reusable web components for common HTML elements. This initiative simplifies updates and adaptations with minimal personnel involvement.
Monitoring and enforcement:
- State market surveillance authorities monitor compliance, and can impose fines or prohibit non-compliant products and services.
- Consumers can also report accessibility issues to the authorities.
The BFSG grants consumers and associations a new right to sue. To exercise this right, they must apply to the relevant state market surveillance authority and request measures to remedy the violation. If the application is rejected, legal recourse to the administrative courts is available Additionally, the BFSG also provides the option to initiate a class action lawsuit. Furthermore, the arbitration board can be called in under Section 16 of the BGG, offering a unique legal solution to address digital accessibility disputes.
Case study- ecommerce:
The reality of online shopping accessibility reveals significant gaps for persons with disabilities. A joint report conducted by Aktion Mensch, Stiftung Pfennigparade, BITV-Consult, and Google assessed the most popular online shops in Germany. The results show how much action is needed by 2025. 75% of the evaluated sites did not meet accessibility standards, with most showing poor keyboard navigation and insufficient contrast, both critical for visually impaired users.
Encouragingly, the study also demonstrated that implementing fundamental accessibility features dramatically improves usability. Websites that ensure keyboard navigability often also provide clear form labels and adjustable text sizes, which are crucial for a broader range of users. Online platforms must adapt and ensure their services are accessible to everyone, or risk losing a market segment with considerable buying power, with estimates hovering around $8 trillion globally.
Looking ahead:
The legal frameworks implemented in Germany mark a significant step towards inclusive access to products and services. By addressing digital barriers and setting clear standards, these laws ensure that people with disabilities can participate fully in society, and enhance user experience for all.
