Accessibility: is it mandatory for my website?

Last updated: 23 October 2026 · By Maurice, freeehouse team · About 3 minutes to read

What does the BFSG regulate?

The Barrierefreiheitsstärkungsgesetz implements an EU directive. It requires that certain products and services be findable, accessible and usable for people with disabilities, under § 3 BFSG in the generally customary way, without particular difficulty and in principle without outside help. For websites, the services in electronic commerce matter most.

Which websites are affected?

Under § 2 no. 26 BFSG, it covers services provided electronically via websites or apps, at a consumer's individual request, with a view to concluding a consumer contract. In practice that means, for example:

• Online shops for consumers
• Online booking or appointment scheduling with a contract being concluded
• Online orders, for example for vouchers

A purely informational site with no way to conclude a contract with consumers online is not covered, according to the common interpretation. Anyone who sells only to businesses is not covered either, because the law is about consumer contracts.

Who is exempt?

Under § 3 para. 3 BFSG, the obligation does not apply to micro-enterprises that offer or provide services. Under § 2 no. 17 BFSG, a micro-enterprise is a business with fewer than ten employees and either at most €2 million annual turnover or at most €2 million balance sheet total. For many small businesses this exemption applies.

What are the penalties?

The market surveillance authorities of the German federal states are responsible. § 37 BFSG provides for fines of up to €100,000 for certain violations and up to €10,000 for others. Warnings under competition law are also conceivable.

What does accessible mean in practice?

The specific requirements are set out in a regulation under the law and follow European standards that are essentially based on the Web Content Accessibility Guidelines, WCAG for short. Typical points:

• sufficient contrast between text and background
• every function usable with the keyboard as well
• images with alt text
• forms with labelled fields and understandable error messages
• a clear heading structure
• text that can be enlarged without the page falling apart
• an accessibility statement on the website, if you fall under the law

Is accessibility worth it even if it isn't mandatory?

Yes. Many points make the site better for everyone: more readable type, clear structure, easy use on mobile, fewer form errors. And a clean structure also helps search engines understand the page.

This article is a guide, not legal advice. If in doubt, ask a professional whether your business falls under the law.

At freeehouse, we pay attention to contrast, keyboard use, labelled forms, alt text and a clear heading structure on every website, whether you fall under the law or not. We don't charge for the build. How freeehouse works

How do I quickly check my site myself?

• Use the site with the Tab key only: can you reach every menu, every form field and every button, and can you see where you are?
• Zoom the browser view to 200%: does everything stay readable, with no content disappearing?
• Look for images without alt text, for example with a browser accessibility extension.
• Check contrast, especially light grey text on a white background.
• Fill in a form wrongly on purpose: are the error messages understandable?

Frequently asked questions

Sources

• BFSG § 3 Barrierefreiheitsanforderungen, accessed 23 October 2026
• BFSG § 2 Begriffsbestimmungen, accessed 23 October 2026
• BFSG § 37 Bußgeldvorschriften, accessed 23 October 2026
• W3C: Web Content Accessibility Guidelines (WCAG), accessed 23 October 2026

Providers' prices and terms change often. What counts is what's in your customer account and your contract. Not legal advice.

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