Digital accessibility in Germany - Update on recent developments

Accessibility in the EU and Germany - at a glance

Since the 28^th June 2025, the European Accessibility Act (EAA) and the Barrierefreiheits-stärkungsgesetz (BFSG) as the German implementation of the EAA oblige companies to make certain products and services accessible for the EU market.

This applies to products for consumers with digital components, such as smartphones, e-books or self-service terminals, ticket sales for passenger transport, banking services or certain digital services such as B2C online shops or access services for audiovisual media services, such as streaming providers.

The responsibilities are defined in more detail in the ordinance from the Federal Ministry of Labor and Social Affairs (Verordnung zum Barrierefreiheitsstärkungsgesetz - BFSGV). Providers must meet various requirements to ensure accessibility. This includes offering information through multiple sensory channels, such as haptic and visual. For websites, the WCAG Level AA serves as a benchmark. Non-compliance may lead to fines of up to EUR100,000, product withdrawals or service bans.

 

The new State Treaty on market surveillance (BFSGStV)

Now a fourth legal act will soon come into effect in Germany: the State Treaty on the fulfillment of tasks under the BFSG (BFSGStV). The BFSGStV regulates the detailed fulfillment of the tasks of the market surveillance authorities arising from the BFSG. According to the BFSG, the federal states are responsible for market surveillance within the meaning of the BFSG. The core provision is the establishment and organization of a central market surveillance authority. The reason for this, as stated by the federal states themselves, is that they lack the administrative structures and expertise within the existing structures to perform the market surveillance tasks required under the BFSG independently. Thus, for efficiency reasons, the “Market Surveillance Agency of the Federal States for the Accessibility of Products and Services” will be established in Magdeburg, Saxony-Anhalt, to carry out the necessary technical and enforcement tasks under the BFSG. All tasks assigned to market surveillance authorities under the BFSG will be performed by this agency. In particular, it will develop a market surveillance strategy, designate a central contact point, and inform economic operators and the public about issues related to the BFSG. It will also coordinate measures for market surveillance of products and services and inform the EU Commission. In fulfilling these tasks, the authority will also be free to engage third parties.

The State Treaty must be ratified by all German federal states and the certificate of ratification deposited. It enters into force on the day on which the last certificate of ratification is deposited. Thus far, 15 of the 16 federal states have approved and ratified the State Treaty; only the federal state of Hesse has not yet completed the ratification process. The State Treaty is valid for an indefinite period but may not be terminated by the federal states before December 31, 2028.

 

What you need to do now?

In prior blog post you will find more detailed information about the BFSG and his obligations and sanctions and about planned measures to promote digital accessibility in Germany. This blog will also keep you informed about the federal government’s broader accessibility plans, with a focus on digital accessibility.