Compliance
BFSG Website Requirements in Germany 2026: Who Is Affected
Germany's accessibility act (BFSG) without the panic: which websites are covered, which exemptions apply and how to respond to warning letters.
Germany's Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) has applied since 28 June 2025. Since then, the topic has become practically relevant for companies - through market surveillance, complaints and lawyers' letters. At the same time, half-knowledge is everywhere: some providers sell panic, some letters feel intimidating, and many business owners do not know whether their website is covered at all. This article sorts it out - without the fear-based sales pitch.
Last updated: June 2026. This article is not legal advice. It classifies typical website scenarios from a technical and strategic perspective.
Short answer: does every website in Germany have to be accessible?
No. Not every website automatically falls under the BFSG. What matters is whether the website is used to offer a covered service to consumers - such as an online shop, a booking function or another form of electronic contract initiation. According to Germany's Federal Agency for Accessibility (Bundesfachstelle Barrierefreiheit), a purely informational company website without such functions is unlikely to be covered. If you sell to consumers online or take bookings, you are very likely within scope.
What is the BFSG?
The BFSG transposes the European Accessibility Act into German law and has applied since 28 June 2025. It obliges manufacturers and providers of certain products and services to make them accessible - explicitly including „services in electronic commerce", which is the category that affects websites. The technical benchmark is the European standard EN 301 549, which for web content essentially points to WCAG 2.1 level AA.
Important context: the BFSG is a consumer protection law. It targets business-to-consumer transactions - not every web presence.
Who is affected?
Companies that provide electronic commerce services to consumers through their website. Typical cases:
- Online shops selling to private customers
- Booking and reservation functions (appointments, tables, rooms, courses)
- Order functions of any kind, even without a classic shopping cart
- Customer portals with contract management for consumers
- Beyond the web focus: telecommunications, banking services, e-books, passenger transport
Company size barely matters for products - but for services there is one important exemption, covered next.
Who is not affected?
This is the part the panic articles like to leave out:
- Purely informational websites. If your website only presents who you are and what you do - no shop, no booking, no electronic contract initiation - the Federal Agency for Accessibility considers it unlikely to be covered.
- Pure B2B. The BFSG protects consumers. Offers aimed exclusively at business customers are exempt. Caveat: the exemption only holds if it is clearly recognisable that you do not sell to consumers. A shop where private individuals can also order is not pure B2B.
- Micro-enterprises providing services. Companies with fewer than 10 employees and at most 2 million euros in annual turnover or balance sheet total are exempt from the BFSG for services - including electronic commerce. Note: this exemption applies to services, not to manufacturing or importing products.
A Munich trade business with 6 employees and a website showing its services and a phone number has little to fear from the BFSG - even with online appointment booking, the micro-enterprise exemption typically applies. A 15-person company with a consumer booking funnel is a different conversation.
The grey area: contact forms
The most common question in our calls - and the one with the most wrong blanket answers. The honest classification:
| Form type | BFSG assessment |
|---|---|
| General contact form for enquiries | Rather low risk - usually no specific electronic contract initiation |
| Form for a specific booking, order or appointment with consumers | Clearly more relevant - these are the examples the Federal Agency explicitly names |
| Enquiry form initiating an individual consumer contract (e.g. quote request with service selection) | Grey area - the closer to contract conclusion, the more likely the BFSG applies |
| Pure B2B form with clear audience labelling | Considerably lower risk |
The line does not run through the form itself but through its function: does it specifically prepare a contract with a consumer, or does it merely receive messages? If you sit in the grey area, have your specific case reviewed - blanket answers are not serious advice here.
Self-check: are you likely affected?
Five questions, 30 seconds. The result is a first assessment, not legal advice:
- Can consumers buy, book or order through your website? No, the website is purely informational: likely not affected. Check complete.
- If yes: do you have fewer than 10 employees and at most 2 million euros in annual turnover or balance sheet total? Yes: the micro-enterprise exemption typically applies for services. Likely not affected, as long as you do not manufacture or import covered products.
- Is your online offer aimed exclusively and recognisably at business customers? Yes: likely not affected. But check honestly whether private individuals can also order - if so, the B2B exemption does not hold.
- Does a form on your website specifically prepare a contract with consumers (booking, order, individual quote request)? Yes, but you are unsure about question 1: grey area. Have your specific case reviewed.
- Answered yes to question 1 and no exemption from question 2 or 3 applies? Then you are likely affected. The benchmark is EN 301 549 / WCAG 2.1 AA, plus the accessibility information duties.
If you land on question 4 or 5, do not let the topic sit - but do not panic either. A structured first assessment is the right next step.
What is actually happening in 2026?
The German federal states' market surveillance authorities are responsible for inspections, and the risk from complaints, market surveillance and lawyers' letters is becoming more visible. Still, not every BFSG warning letter is automatically justified - some letters can be legally contestable, for instance if it is unclear whether the website is covered by the BFSG at all or whether the sender is entitled to claim.
As for consequences of real violations: market surveillance can demand corrections, restrict or prohibit the provision of affected services and impose fines depending on the type of violation. In certain cases, up to 100,000 euros are possible. In practice, the process starts with a review and a request for correction, not the maximum fine.
Typical technical weak points are not exotic details but basics: missing alt texts, insufficient colour contrast, forms that cannot be operated by keyboard and missing accessibility information.
Received a warning letter - what now?
Stay calm and sign nothing in haste:
- No rushed cease-and-desist declaration. A penalty-backed declaration binds you for years and makes every future minor mistake expensive. Get it reviewed first.
- Have it checked by a lawyer. Some BFSG letters can be legally contestable - for instance if it is unclear whether your website is covered by the BFSG at all or whether the sender is entitled to claim.
- Take deadlines seriously. Not responding is as wrong as signing in panic. Note the deadline in the letter and get professional advice in time.
- Clarify your own status. In parallel, establish whether your website is covered at all - that decision shapes your entire response.
The 4 basics that make sense regardless
Whether or not the BFSG applies to you, these four points improve accessibility, user experience and - as a side effect - your SEO. They are the same fundamentals that help search engines and AI systems understand your site:
- Alt texts for images. Every content-relevant image gets a descriptive alt text. Helps screen readers and image search alike.
- Sufficient colour contrast. Text must stand out clearly from the background (WCAG AA guideline: a contrast ratio of 4.5:1 for normal text). Light grey on white looks elegant and is unreadable for many people.
- Keyboard operability. All functions - navigation, forms, buttons - must work without a mouse. The fastest self-test: tab through your website using only the keyboard.
- Accessibility information. If the BFSG covers you, you must provide information about the accessibility of your service. A well-written accessibility page can serve this purpose - it should not be confused with the formal accessibility statements required of public-sector bodies. Electronic commerce adds further requirements, such as accessible identification, security and payment functions.
Get these four right and you have cleared many typical weak points - and built a measurably better website.
Not sure whether your website is covered?
That is exactly what the Clarity Session is for: in 60 minutes we establish whether your website is likely affected, which technical risks are visible and which next steps actually make sense. No panic. No overengineering. Just a clear assessment. If you need it more thorough: our technical website and compliance audit reviews accessibility basics, technical SEO fundamentals and key compliance risks - we have documented the most common pitfalls in 8 GDPR mistakes on websites.
Have your website's status reviewed
No. It applies to websites offering electronic commerce services to consumers, such as online shops or booking functions. Purely informational websites are unlikely to be covered, according to Germany's Federal Agency for Accessibility.
Micro-enterprises with fewer than 10 employees and at most 2 million euros in annual turnover or balance sheet total are exempt for services, including electronic commerce. The exemption does not apply to products.
Not automatically. A general contact form for enquiries is usually not specific electronic contract initiation. It becomes more relevant if the form is used to book, order or initiate a consumer contract. Borderline cases should be reviewed individually.
Market surveillance can demand corrections, restrict or prohibit services and impose fines depending on the violation, in certain cases up to 100,000 euros. In practice the process starts with a review and a correction request, not the maximum fine.
Potentially yes. The BFSG applies to services offered to consumers in Germany, regardless of where the provider is based. If your website sells or takes bookings from German consumers, the requirements are worth a closer look.
Sources:
- BFSG, official legal text: in force since 28 June 2025
- Bundesfachstelle Barrierefreiheit (Federal Agency for Accessibility), BFSG FAQ: scope of covered services and exemptions (accessed June 2026)
- BMAS, application guidelines for the BFSG: scope and micro-enterprise exemption
- MLBF, German market surveillance body for accessibility: fine framework and procedure
For specific warning letters, official correspondence or borderline cases, consult specialised legal counsel.
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