EAA in Germany: what your online shop must do under the BFSG
In short
In Germany the European Accessibility Act is applied through the Barrierefreiheitsstärkungsgesetz (BFSG) — the "Accessibility Strengthening Act" — in force since 28 June 2025. If you sell online to German consumers — even from abroad — you are very likely covered. Key points:
- Germany passed a dedicated law, the BFSG, plus an implementing regulation (the BFSGV) that spells out the technical requirements;
- e-commerce is expressly covered, supervised by the market-surveillance body of the Länder (MLBF);
- fines reach up to €100,000 for offering a non-accessible service (§ 37 BFSG), and up to €10,000 for information or documentation failures;
- the technical target is EN 301 549, which incorporates WCAG 2.1 level AA; you must also publish accessibility information (§ 14 BFSG).
Germany is the largest e-commerce market in the European Union — and where a non-accessible checkout costs the most in lost customers. Unlike the Netherlands, where the duty is buried in existing statutes, Germany did the opposite: a single, named law you can point to, the BFSG. Here is what actually changes for an online shop.
Which law: the BFSG (and the BFSGV regulation)
The German transposing law is the Barrierefreiheitsstärkungsgesetz (BFSG). It applies Directive (EU) 2019/882, the European Accessibility Act, and has bound private businesses since 28 June 2025, in line with the EU timetable. Germany chose the clearest possible form: a standalone act with a name you can search for, rather than grafting the duty onto older statutes as the Netherlands or Belgium did.
The BFSG sets the framework; the concrete technical and information requirements are detailed in an implementing regulation, the Barrierefreiheitsstärkungsgesetz-Verordnung (BFSGV). Together they make e-commerce an expressly covered service: an online shop selling to consumers is within scope for that activity.
The technical standard: EN 301 549 / WCAG 2.1 AA
Germany does not reinvent the technical criteria. As everywhere in the Union, a service is presumed conformant when it meets the harmonised standards whose references are published in the EU Official Journal. For web services the relevant harmonised standard is EN 301 549, which incorporates the Web Content Accessibility Guidelines (WCAG) 2.1, level AA.
Concretely, the requirements are the same as elsewhere in Europe: sufficient colour contrast, text alternatives for images, keyboard navigation, properly labelled forms, a page structure readable by assistive technology. For e-commerce, the law places extra emphasis on the accessibility of identification, security and payment functions. A site already built for WCAG 2.1 AA meets the heart of the law.
How much: the penalty regime (§ 37 BFSG)
Germany states the numbers plainly in the law itself. Breaching the BFSG is an administrative offence (Ordnungswidrigkeit) punishable by a fine (Bußgeld). The ceilings, set in § 37 BFSG, are:
| Breach | Fine (ceiling) | Nature |
|---|---|---|
| Offering a non-accessible service (e.g. an inaccessible online shop) | up to €100,000 | administrative offence, § 37 BFSG |
| Information or documentation failures (incl. missing accessibility information) | up to €10,000 | administrative offence, § 37 BFSG |
Who supervises? The market-surveillance body of the Länder (MLBF)
Enforcement of the BFSG for products and services is handled through the market-surveillance body of the Länder for the accessibility of products and services (the Marktüberwachungsstelle der Länder, MLBF) — a joint body of the German federal states set up specifically for this law. It can act on its own initiative or in response to a complaint — for example a disabled person who cannot complete a purchase.
This is a more centralised, purpose-built model than Spain's region-by-region supervision: for an online shop the responsibility for BFSG market surveillance is clearly assigned.
The mandatory document: accessibility information (§ 14 BFSG)
Beyond technical accessibility, the service provider must supply accessibility information about the service under § 14 BFSG, explaining how the service meets the applicable accessibility requirements. This duty comes straight from the directive (Annex V) and is carried into German law. It must be kept up to date for as long as the service is offered.
As elsewhere, this document is immediately checkable: an inspector doesn't need to audit dozens of technical criteria to note that it is missing. It is the easiest breach to establish.
The mistake to avoid: "one-click accessibility" overlays
Widgets like accessiBe or UserWay promise automatic compliance from a single line of code. They do not make you compliant. Their real effectiveness is disputed by disability organisations; in the United States the FTC fined accessiBe one million dollars in 2025 over compliance claims found to be deceptive. Above all, an overlay does not fix your site's source code and does not produce the accessibility information required by § 14 BFSG.
The defensible path is the opposite: audit the site, fix what can be fixed, and publish honest accessibility information documenting the real state and the action plan.
How to comply, concretely
- Audit. An automated technical scan (WCAG 2.1 AA) catches part of the non-conformities — contrast, image alternatives, structure, forms. It doesn't replace a full manual audit, but it gives a factual, quantified baseline.
- Fix the priorities — often few and inexpensive (colour contrast, form labels, keyboard navigation).
- Publish the accessibility information (§ 14 BFSG), with an accurate conformance status and contact details.
- Keep it current: conformance degrades with every release. A periodic re-scan prevents drift.
Check your exposure in 2 minutes
DeclareAccess scans a page of your site (WCAG 2.1 AA), returns a quantified report of the non-conformities, then generates the ready-to-publish accessibility document — German (BFSG § 14), French (RGAA), Italian (Allegato IV), Spanish (art. 13) or Dutch model. Free audit, no credit card.
WCAG report by email within 24 business hours.
Got it. Your audit request is registered — you'll receive your WCAG report by email within 24 business hours.
Frequently asked questions
I sell into Germany from abroad: am I covered?
Yes, very likely. The obligation follows the market you target, not where you are based. As soon as you offer products or services to consumers in Germany, your activity falls under the BFSG for that market. A multi-country shop stacks the corresponding national regimes.
What is the BFSG, exactly?
The Barrierefreiheitsstärkungsgesetz (BFSG), the "Accessibility Strengthening Act", is Germany's transposition of the European Accessibility Act (Directive (EU) 2019/882). It has bound private businesses since 28 June 2025. Its technical details are set out in an implementing regulation, the BFSGV. Unlike the Netherlands, Germany passed a single, named law rather than amending existing statutes.
Does German law require anything different from WCAG?
Not technically. Conformance is presumed for a service meeting the European harmonised standards; for the web that is EN 301 549, which incorporates WCAG 2.1 level AA. The difference lies in the mandatory document (accessibility information under § 14 BFSG), the supervising body (the market-surveillance body of the Länder) and the German penalty regime (§ 37 BFSG).
Is my small online shop covered?
If you have 10 people or more, or over €2 million in annual turnover or balance-sheet total, yes. Micro-enterprises below both thresholds are exempt from the BFSG for the services they provide, but the relief works differently for products. If in doubt, an audit gives you a factual answer about your site's state, regardless of status.
How large is the fine in Germany?
Under § 37 BFSG, offering a non-accessible service can be fined up to €100,000, and information or documentation failures up to €10,000. Those are ceilings for the most serious breaches, not automatic amounts. For an online shop the most common lever is the order to make the service accessible; if you fail to comply, the market-surveillance body can restrict or prohibit the service.
Who checks my online shop's accessibility in Germany?
The market-surveillance body of the Länder for the accessibility of products and services (Marktüberwachungsstelle der Länder, MLBF) — a joint body of the German federal states. It can act on its own initiative or on a complaint, for instance from a disabled customer who cannot complete a purchase.
Does an overlay (accessiBe, UserWay) make me compliant?
No. An overlay adds a widget whose effectiveness is disputed, does not fix the source code and does not produce the accessibility information required by § 14 BFSG. The compliant approach is to audit the site, fix the non-conformities and publish honest accessibility information.