1/6/2024

Strengthening Accessibility: The BSFG Takes Effect in 2025

On June 28, 2025, the Barrierefreiheitsstärkungsgesetz (BSFG) will come into force. This German legislation aims to ensure that people with disabilities can more easily access and use essential services and products.

Web Accessibility

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Affected Services

The BSFG will impact several key services. Electronic communication services, such as telephone services, and services providing access to audiovisual media, including websites and apps of TV channels or streaming platforms, must comply. Additionally, specific transportation services, such as airlines, buses, trains, and ships, are included. This means their websites, mobile applications, electronic tickets, real-time travel information, and interactive self-service terminals must be accessible.

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Affected Products

Products covered by the BSFG include consumer hardware systems, like computers, tablets, and their operating systems. Payment terminals in shops and restaurants, self-service terminals (e.g., ATMs, ticket machines), and interactive consumer devices used for telecommunications and audiovisual services must also meet accessibility standards. This includes smartphones, tablets, smart TVs, and e-book readers.

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Exemptions

Micro-enterprises, defined as those employing fewer than ten people and with annual revenues or balances below 2 million euros, are exempt from the BSFG for services but not for products. Additionally, services and products that require fundamental alterations or impose disproportionate burdens are exempt.

Achieving Accessibility

To comply with the BSFG, services and products must be findable, accessible, and usable for people with disabilities without undue hardship or external help. The four principles of digital accessibility, as outlined by the Web Content Accessibility Guidelines (WCAG), are Perceivability, Operability, Understandability, and Robustness.

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Implementing Digital Accessibility

For a BSFG-compliant website, several measures are necessary: adopting a responsive design, improving user interface clarity, using easy-to-understand language, employing readable fonts, allowing adjustable text sizes, providing clear navigation, using high color contrasts, labeling elements clearly for screen readers, implementing text-to-speech functions, and adding alt-text for media content.

Practical Questions

Bei der Bewertung der Barrierefreiheit einer Website sollten Sie sich die folgenden Fragen stellen:

• Can the website be navigated using a keyboard instead of a mouse?
• Are fillable form fields clearly labeled and explained?
• Is the text size adjustable?
• Can the character or line spacing be adjusted without loss of content?
• Are multimedia contents captioned?
• Can multimedia contents be paused, stopped, and hidden?
• Are headings and labels clear and understandable?
• Are interactive elements (e.g., buttons, menus) readable by assistive technologies?

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Consequences of Non-Compliance

Failure to comply with the BSFG after June 28, 2025, constitutes an administrative offense, such as marketing non-accessible products or services, or failing to provide required information. Penalties for violations can reach up to 100,000 euros.

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Criticism and Limitations

Despite its promise, the BSFG has faced criticism for its minimal implementation of European Accessibility Act directives. Disability advocacy groups argue that the legislation does not go far enough and includes too many exceptions. The act also imposes long transition periods, such as allowing new, non-accessible ATMs installed by 2025 to remain non-compliant until 2040.

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Structural Accessibility Gaps

The BSFG does not address physical access to buildings housing accessible services, leaving many physical barriers unaddressed. The act's effectiveness is further limited by the lack of consistent implementation across federal states, leading to calls for stronger legal instruments and funding to ensure comprehensive and sustained accessibility.

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Ensuring Future Accessibility

To truly secure accessibility, advocacy groups recommend empowering organizations to legally challenge non-compliant businesses, providing financial support for market monitoring, and building expertise in accessibility standards. This holistic approach is essential to ensuring that accessibility is maintained across all services and products in the long term.

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