BFSG 2026: The Complete Guide
to the Accessibility Strengthening Act
The BFSG has been enforceable throughout Germany since 28 June 2025, with no transition period for new websites and contracts. The MLBF published its enforcement strategy in January 2026, and the first administrative fine proceedings began in the first quarter of 2026. A single audit has an expiry date: every code deployment can introduce new violations. Continuous compliance requires continuous coverage.
28.06.2025
Enforcement began (DE) / BaFG entered into force (AT)
€100,000%
Maximum fine (§37 BFSG)
16%
Federal states monitored jointly
26.09.2025
MLBF established
01.01.2027
Planned entry into force of BehiG revision (CH)
WCAG 2.1 EN 301 549 EAA 2019/882 BFSG BFSGV BITV 2.0 BaFG (AT) BehiG (CH)
Fines in the DACH Comparison
| Country | Maximum fine | Enforcement authority |
|---|---|---|
| Germany | €100,000 (§37 BFSG, certain violations); €10,000 (others) | MLBF (Market Surveillance Authority of the Federal States) |
| Austria | Up to €80,000 (§36 BaFG, serious violations); up to €50,000 for microenterprises/SMEs; other violations up to €40,000 or €16,000 depending on the obligation breached | Sozialministeriumservice |
| Switzerland | Currently not applicable - private providers only become obligated from the BehiG revision (planned 01.01.2027) | - |
Status: September 2026. Austria’s BaFG provides a statutory fine framework under §36, with maximum penalties depending on the type of violation and company size.
What is the Accessibility Strengthening Act (BFSG)?
The BFSG, Germany’s implementation of EU Directive (EU) 2019/882 (European Accessibility Act, EAA), requires economic operators to make digital products and services accessible to consumers with disabilities. It was promulgated on 16 July 2021 and fully entered into force on 28 June 2025. The specific technical requirements are not defined in the BFSG itself, but in the associated regulation (BFSGV). Unlike the older Disability Equality Act (BGG), which primarily addresses public authorities, the BFSG applies to the private sector. The BFSG requires compliance with EN 301 549, the harmonised European standard for ICT accessibility, which refers to WCAG 2.1 Level AA for web content. Compliance with EN 301 549 creates a presumption of conformity.
Who is affected by the BFSG?
Which industries are particularly affected?
What the BFSG actually requires
The BFSG creates a four-level technical obligation chain. Each level narrows the standard down to what developers and designers actually work on:
- BFSG (Act) - establishes the obligation but does not itself define the technical standard
- BFSGV (Regulation) - specifies requirements for accessible design
- EN 301 549 (technical standard) - integrates WCAG 2.1 Level AA for web and mobile content; compliance creates a presumption of BFSG conformity
- Accessibility statement (mandatory document) - must state conformity status, known limitations, contact point, and responsible authority, with the current status
Compliance is assessed according to the four WCAG principles:
- Perceivable - alternative texts, contrast, scalable text, captions
- Operable - complete keyboard operation, sufficient time, no seizure-triggering content
- Understandable - consistent navigation, understandable error messages, predictable behaviour
- Robust - compatible with screen readers and other assistive technologies
Deadlines and transition provisions
| Date | Meaning |
| 28.06.2025 | BFSG (DE) and BaFG (AT) fully entered into force - no transition period for new websites/contracts |
| 27.06.2030 | End of transition period for service contracts concluded before 28.06.2025 |
| 01.01.2027 | Planned entry into force of the BehiG revision (CH) for private providers |
Enforcement and fines
Responsibility for market surveillance lies with the federal states (jointly coordinated through the MLBF), with partly different authority structures. The typical process:
- The authority requests information regarding compliance with accessibility requirements
- It orders implementation within a specified deadline
- If reasonable corrective measures are not taken, a renewed order with a threat of prohibition may follow
- As a final measure: prohibition of the offering
Non-compliance can result in fines of up to €100,000 under Section 37 BFSG. In addition to administrative enforcement, consumers and qualified organisations may access the BGG conciliation body (§34 BFSG), and associations may bring legal action through collective action rights (§15a UKlaG).
BFSG across the entire DACH region
The BFSG is Germany’s implementation of the EAA. Austria and Switzerland are each following their own approaches.
Even though the revised BehiG will only directly obligate private providers in Switzerland from 2027, every Swiss company offering products or services to consumers in Germany or Austria has already been subject to the market location principle since June 2025. Anyone selling into the German or Austrian market must comply with BFSG or BaFG requirements, regardless of their company headquarters.
What continuous BFSG compliance means
An audit answers one question: Which violations exist on this platform at this moment? It does not cover the next deployment and does not document fixes from last month. As soon as a new product page goes live, a checkout component is updated, or a third-party script is installed, the audit no longer reflects the platform.
Frequently Asked Questions (FAQ)
No. The European Commission confirmed in December 2023 that no automated tool covers all WCAG 2.1 AA criteria. An overlay fixes superficial issues but not the underlying code. Market surveillance authorities and courts do not accept a pure overlay as proof of compliance.
Yes. The BFSG covers every part of a digital offering with which consumers interact, including checkout and account dashboards.
For websites, there is no transition period for new content. The obligation has applied directly since 28 June 2025, including for existing content. An exception only applies to service contracts concluded before 28.06.2025 (transition period until 27.06.2030).
Yes. Each national authority acts independently, without a cross-border fine ceiling.
Document your efforts immediately. An active remediation programme and a current accessibility statement provide your strongest protection.
No. The current reference standard EN 301 549 v3.2.1 is based on WCAG 2.1 AA. Meeting WCAG 2.2 AA is already advisable today, as future adjustments to the standard are expected to move in this direction.
The BGG (Disability Equality Act) primarily obligates public authorities. The BFSG applies to private businesses offering certain products and services to consumers.
No, only partially. Microenterprises are exempt exclusively for services, not products. Anyone manufacturing self-service terminals remains obligated.
There is no legally fixed inspection frequency. Given the continuous development of websites, continuous monitoring is recommended instead of a one-time annual audit. Every deployment can introduce new WCAG violations.