What is the Accessibility Enhancement Act?
The Accessibility Enhancement Act (BFSG) is a German law that came into force on 22 July 2021. It implements EU Directive (EU) 2019/882 on accessibility requirements for products and services. These include, amongst others: information and communication technology (ICT), such as computers, smartphones, tablets, televisions and telecommunications equipment; machinery and devices; buildings and structures; means of transport; and services, such as financial services, healthcare services and public services.
The accessibility requirements are set out in the Ordinance on the Accessibility Enhancement Act (BFSGV). The Ordinance was adopted on 15 June 2022 and will come into force on 28 June 2025.
The BFSG is intended to help ensure that people with disabilities and other limitations can participate in all areas of life on an equal footing and without barriers. It aims to improve accessibility in Germany and enhance the quality of life for people with disabilities.
Compliance with accessibility requirements is monitored by the relevant authorities. Consumers can lodge a complaint with the relevant authority if they believe that a product or service does not meet the requirements.
The BFSG is an important milestone for accessibility in Germany. It will help to make Germany a more accessible country.
What is the Accessibility Enhancement Act (BFSG)?
The Accessibility Enhancement Act (BFSG) is officially titled ‘Act Implementing EU Directive 2019/882 of the European Parliament and of the Council on accessibility requirements for products and services’. However, the abbreviation BFSG is more commonly used. It is intended to improve accessibility in Germany and thereby enable people with disabilities to participate on an equal footing in all areas of life.
When does the Accessibility Strengthening Act come into force?
The Act was passed by the German Bundestag on 22 July 2021 and came into force on 1 August 2021. However, the accessibility requirements will be phased in gradually. For most products and services, full accessibility will not apply until 28 June 2025. The individual deadlines for implementing the Act are set out in the Guidelines on the Accessibility Enhancement Act (BFSG).
Who is covered by the Accessibility Strengthening Act?
The BFSG applies to all natural and legal persons who place products or services on the market or offer them in Germany. This includes both companies based in Germany and companies that import products or services into Germany from other countries or export them from Germany. These products must be accessible.
Is accessibility required by law?
Accessibility is a legal requirement in Germany. The Disability Equality Act defines accessibility as follows: products and services are
‘accessible if they can be found, accessed and used by people with disabilities in the usual way, without undue difficulty and, in principle, without the need for assistance from others’.”
Which sections govern accessibility?
The relevant provisions are set out in Section 2 – Requirements for Accessibility – in Sections 3 to 5 of the BFSG. The individual sections cover the following areas:
The accessibility requirements for products and services are set out in greater detail in the Ordinance on the Accessibility Enhancement Act (BFSGV). The Ordinance distinguishes between Categories A and B for products and services:
- Category A: Products and services that are essential for people with disabilities.
- Category B: Products and services intended for the general public. (For example, self-service check-in machines, online retail / online shops, etc.).
Stricter implementation requirements apply to Category A products and services than to those in Category B. The individual requirements are set out in the annexes to the BFSGV. Each annex contains a list of characteristics that must be taken into account when assessing accessibility.
To which products does the Accessibility Enhancement Act apply?
Section 1(2) of the BFSG lists all products that fall within its scope. According to the Directive, the following products should be made as accessible as possible and bear a CE marking:
- Hardware systems
- Self-service terminals
- Consumer terminal equipment for telecommunications services
- Consumer terminal equipment for accessing audiovisual media services
- E-book readers
To which services does the Act on Strengthening Accessibility apply?
Section 1(2) lists all products that fall within the scope of the Act. According to the Directive, the following services should be made as accessible as possible:
- Telecommunications services
- Websites
- Electronic ticketing services
- Provision of information relating to transport services
- Interactive self-service terminals
- Banking services
- e-books
- E-commerce services
Here are some examples of features that need to be taken into account when assessing services:
- Clear and understandable information (e.g. in plain language, sign language)
- Accessible communication (e.g. with sign language interpreters, subtitles)
- Operable equipment and facilities (e.g. with large buttons, Braille)
- Accessible services (e.g. accessible via voice control)
Who is obliged to ensure accessibility?
The law requires all natural and legal persons who place products or services on the market or offer them in Germany to comply. This includes both companies based in Germany and those that import products or services into Germany from other countries or export them from Germany. This means that this directive applies to manufacturers, retailers and importers of products, as well as to service providers. Companies that breach the accessibility provisions of the BFSG may be subject to fines. The amount of the fine depends on the severity of the breach.
Sources: www.bmas.de bfsg-gesetz.de
