The European Accessibility Act for Small Providers. Who It Covers and What It Actually Asks For.

On 28 June 2025 the German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) entered into force. It transposes the European Accessibility Act, Directive 2019/882, into German law and settles the question of whether providers of digital products and services in the EU must be accessible to people with disabilities in favour of a clear answer: yes, with a defined scope and defined exemptions.

For a small studio sorting out the landscape, the most useful question is not the content of the duties (more below) but whether the offering falls within the scope at all. That question is worth asking, because the answer is often: no.

What is covered

The BFSG covers two groups. First, certain products listed in § 1(2): hardware computers with operating systems, self-service terminals such as ATMs and ticket machines, smartphones, tablets, digital broadcasting reception equipment, e-readers and consumer-facing terminals for telecommunications. Second, certain services listed in § 1(3): consumer telecommunications services, audiovisual media services with their interfaces, consumer banking services, e-books including their reading software, e-commerce (consumer-facing online shops) and passenger transport services with their ordering and booking interfaces.

This list is exhaustive. A website that does not fall into these categories is not covered by the BFSG. A studio blog, a marketing page, a plain business-card site, a forum, an open-source project with a donation page: not covered. A website where something is sold to consumers, on the other hand, is covered, because it is e-commerce.

Who is actually obliged

Within scope, four roles are obliged: manufacturers, importers and distributors for products; service providers for services. For a German studio offering its own products or services, the central role is service provider for services or manufacturer for products.

For services there is an important exemption in § 3(3) BFSG: microenterprises are exempt from the duties. A microenterprise is a business with fewer than 10 employees AND an annual turnover or balance sheet total of no more than 2 million euros. Both criteria must be met. Anyone with more than 10 employees or more than 2 million euros in turnover or balance sheet falls outside the exemption.

Important: the microenterprise exemption applies only to services, not to products. Anyone manufacturing hardware or physical devices is obliged regardless of size.

What is actually required

For those within scope and not exempt, the accessibility requirements in the annex to the BFSG apply. The requirements refer to the harmonised European standard EN 301 549, which for web content refers in turn to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG 2.1 AA conformance meets the required state of the art for the web portion.

WCAG 2.1 AA in a practical summary covers:

• minimum contrast 4.5:1 for normal text and 3:1 for large text or controls,
• full keyboard operability without a mouse,
• visible focus indication for tab navigation,
• alternative texts for informative images,
• empty alt attributes for purely decorative images,
• consistent and meaningful heading hierarchy (h1 before h2 before h3, no jumps),
• labels for all form fields,
• programmatically accessible error messages,
• no time-limited inputs without an option to extend the time,
• no movement lasting longer than five seconds that cannot be stopped,
• resizability to 200 percent zoom without loss of function,
• respect for prefers-reduced-motion.

In addition, EN 301 549 for the listed services requires an accessibility statement documenting the measures taken, conformance with the state of the art, and a contact point for feedback.

The two escape routes

Beyond the microenterprise exemption, the law has two further ways to avoid an individual requirement.

First, § 16 BFSG: fundamental alteration. Anyone who can plausibly argue that meeting a particular requirement would change the essential nature of the product or service can exclude it. The reasoning must be documented and provided to market surveillance on request.

Second, § 17 BFSG: disproportionate burden. Anyone who can show that meeting a requirement would constitute a disproportionate burden can also exclude it. The burden is measured against cost and benefit, the size of the business, and the expected benefit to people with disabilities. Documentation is again mandatory.

Both exemptions are to be interpreted narrowly. They are not a back door to be opened wholesale. A small online shop owner claiming that alt texts for product images are a disproportionate burden will rarely convince market surveillance.

The microenterprise exemption is generous. Anyone staying permanently below 10 employees and 2 million euros turnover and offering only services is outside scope. Accessibility still pays off, because it makes the product better for everyone.

What market surveillance does

Supervision is carried out by the market surveillance authorities of the German federal states. Unlike data protection supervision, they work largely reactively: they act when complaints arrive or a sample audit shows a defect. The usual approach is graduated: notice first, then a hearing, then an order with a deadline, then a sanction.

Sanctions under § 37 BFSG can include fines up to 100,000 euros per violation. For products withdrawal from the market can be ordered. For services provision can be prohibited until requirements are met. In practice most procedures stop at the notice or order stage, because the authorities are more interested in actual improvement than in fines.

What makes sense for a small practice

For a small studio outside the scope, accessibility is still a matter of craft. Most WCAG 2.1 AA measures are straightforward, cost little when built in from the start, and make the product better for all users. A dark mode with sufficient contrast, a visible focus ring, semantic HTML, keyboard operability, alternative texts: this is solid web craft, not a specialist topic.

For a studio within scope, the right order is: first reach WCAG 2.1 AA conformance in the live product and check it automatically (axe-core, Pa11y, Lighthouse), then write an accessibility statement, then add what EN 301 549 requires beyond that (feedback channel, description of measures taken). Planning this early means it is not an extra burden but better product engineering.

Frequently asked

Who is covered by the EAA / BFSG?

The law obliges manufacturers, importers, distributors and service providers offering certain products or services to consumers. Products include computers, smartphones, ATMs, ticket machines, e-readers and self-service terminals. Services include telecommunications, audiovisual media services, consumer banking, e-books, e-commerce (consumer-facing online shops) and passenger transport services.

Are microenterprises exempt?

For services yes, for products no. § 3(3) BFSG exempts microenterprises from the duties for services. A microenterprise is a business with fewer than 10 employees AND an annual turnover or balance sheet total of no more than 2 million euros. Both criteria must be met. Anyone manufacturing, importing or distributing products is obliged regardless of size. Anyone offering only B2B services, with no consumer business, is outside scope from the start.

Which standard applies?

The harmonised standard EN 301 549 is referenced, which in turn points to WCAG 2.1 Level AA for web content. In practice that means contrast at least 4.5:1 for normal text and 3:1 for large text, full keyboard operability, visible focus, alternative texts for informative images, correct heading hierarchy, form labels, no movement that cannot be stopped. WCAG 2.1 AA conformance meets the required state of the art.

What are the consequences of non-compliance?

The market surveillance authorities of the German federal states can impose fines of up to 100,000 euros per violation (§ 37 BFSG). For products they can order withdrawal from the market. For services they can prohibit provision until the requirements are met. In practice the authorities work in stages: notice, hearing, order with deadline, then sanction.