Accessibility statement according to BFSG – What should be included and what should not?
Update: List of currently responsible state authorities added
The Accessibility Enhancement Act (BFSG) will come into force on June 28, 2025. From this date onwards, various products and websites must be made accessible. There is currently a great deal of misunderstanding regarding the content of the “accessibility statement” that companies are required to provide. We explain the details.
Accessibility Enhancement Act – New obligations for companies
In our detailed article on the Accessibility Enhancement Act (BFSG), you can learn the basics, in particular who the law applies to.
We have also created a guide entitled “FAQ – Accessible Websites”, in which we explain the implementation of the BFSG from a technical perspective.
Accessibility statement in accordance with the BFSG
In addition to technical implementation, the BFSG also requires the provision of information in accordance with Annex 3 to the law. In recent weeks, the term “accessibility statement” has become established for this purpose.
This is somewhat unfortunate, as this term is actually already “reserved” for another statement, which leads to many misunderstandings in connection with the BFSG.
The BFSG requires service providers to
“have prepared the information in accordance with Annex 3, Number 1, and have made this information accessible to the general public in an accessible form; the provisions of the statutory order to be issued in accordance with Section 3, Paragraph 2, are decisive for making the information accessible.”
Annex to the BFSG: The accessibility statement
The law therefore refers exclusively to Annex 3, No. 1, which reads as follows:
The service provider shall indicate in its general terms and conditions or in another clearly perceptible manner how its service within the meaning of Section 1 (3) meets the accessibility requirements of the statutory order to be issued pursuant to Section 3 (2). The relevant information shall include a description of the applicable requirements and, insofar as relevant for the assessment, cover the design and implementation of the service.
In addition to the consumer information requirements under Article 246 of the Introductory Act to the Civil Code, the information shall, where applicable, include at least the following elements:
(a) a general description of the service in an accessible format;
(b) descriptions and explanations necessary for understanding the implementation of the service;
c) a description of how the service meets the relevant accessibility requirements listed in the statutory order to be issued pursuant to Section 3 (2);
d) the name of the competent market surveillance authority.
This requirement, which is relevant for the private sector, must be distinguished from the accessibility statement pursuant to Section 12b of the Disability Equality Act (BGG).
Accessibility statement in accordance with the Disability Equality Act
The BGG is a somewhat older law from 2002 that regulates the accessibility requirements that must be met by public authorities. These include, for example, federal administration offices.
The BGG does not apply to private companies.
Section 12b (1) BGG requires federal public authorities to publish an accessibility statement on their website.
The content of this statement is specified in Section 12b (2) BGG:
1. In the event that, in exceptional cases, the design is not completely accessible,
- the designation of the parts of the content that are not completely accessible,
- the reasons for the non-accessible design, and
- if applicable, a reference to accessible alternatives,
2. an immediately accessible, barrier-free option for contacting the agency electronically to report any remaining barriers and to request information on the implementation of accessibility,
3. a reference to the conciliation procedure pursuant to Section 16, which
- explains the possibility of conducting such a conciliation procedure and
- contains a link to the conciliation body.
Federal public authorities are therefore expressly obliged to identify non-accessible parts of the website content.
No listing of non-accessible parts according to BFSG
The information obligation under the BFSG does not include any obligation to list the non-accessible parts of the services (e.g., the website).
The explanatory memorandum to the BFSG expressly states:
This information to be provided by the service provider largely corresponds to the accessibility statement as provided for in Section 12b BGG. However, Directive (EU) 2019/882 does not require the service provider to also indicate in its information which parts of its service are not accessible and how the non-conformity is justified. This is not necessary because the service provider is fundamentally obliged to ensure complete accessibility.
Anyone who lists the non-accessible parts of their website in the declaration provides competitors, consumer centers, and qualified trade associations with a basis for warnings.
In addition, this publicly documents that one is violating the law and thus acting intentionally. This is likely to play a decisive role in the imposition of a possible fine.
Consequences of a non-accessible website
The law provides for several (simultaneous) obligations if the service does not comply with the requirements of the BFSG and the associated BFSGV:
- Prohibition of offering and providing the service (Section 14 (1) No. 1 BFSG)
- Taking the necessary corrective measures to ensure the conformity of the service (Section 14 (4) sentence 1 BFSG)
- Informing the market surveillance authority(ies) that the service does not meet the requirements of the BFSGV (Section 14 (4) sentence 2 BFSG)
The authority can then initiate a multi-stage procedure which, in the worst case, can lead to a ban on the provision of the service. In the case of websites, this means that the non-accessible parts of the website must be shut down.
In addition, fines may be imposed.
Who can help with the creation of the accessibility statement?
If you have your website managed by an agency, their support is essential for creating the accessibility statement in accordance with the BFSG. This does not mean that the agency provides legal advice, but rather that it clearly states the technical means by which accessibility has been achieved.
In addition, legal advice should always be sought when creating the statement. This is because, in addition to the technical requirements, the legal requirements for the information must also be met.
Since the statement must be created on a very individual basis, particularly with regard to the description of the service offered, the description that aids understanding of the service, and the specific technical implementation of the accessibility requirements, there are unlikely to be any suitable standard templates that can be used.
Ultimately, Appendix 3 to the BFSG is the “template” that must be completed by the company.
Where should the accessibility statement be placed?
Annex 3 to the BFSG stipulates that the information must be provided either in the general terms and conditions or “in another clearly noticeable manner.”
In our opinion, the specific information relating to the BFSG does not belong in the general terms and conditions. Instead, a separate page should be provided for this purpose and linked in the footer of the website.
Update: Competent market surveillance authorities under the BFSG
The federal states have concluded a state treaty to create a central market surveillance authority in Saxony-Anhalt. However, this state treaty has not yet been ratified by all federal states, so this authority has not yet been established.
Nevertheless, some federal states have appointed their own market surveillance authorities, which are responsible for the transitional period until the central authority for surveillance under the BFSG is established.
The following overview lists the market surveillance authorities of the federal states that we were able to identify based on publications in the respective law gazettes.
Overview
| State | Competent authority | Legal basis |
| Baden-Württemberg | No competent authority found | |
| Bavaria | For the administrative districts of Lower Franconia, Upper Franconia, Middle Franconia, and Upper Palatinate, the Trade Supervisory Office at the Government of Upper Franconia in Coburg is responsible. Authority name: Government of Upper Franconia – Trade Supervisory Office For the administrative districts of Swabia, Upper Bavaria, and Lower Bavaria, the Trade Supervisory Office at the Government of Lower Bavaria in Landshut is responsible. Authority name: Government of Lower Bavaria – Trade Supervisory Office | https://www.gewerbeaufsicht.bayern.de/marktueberwachung/bfsg.htm |
| Berlin | No competent authority found | |
| Brandenburg | No competent authority found | |
| Bremen | No competent authority found | |
| Hamburg | No competent authority found | |
| Hessen | Giessen Regional Council | Regulation on responsibilities under the Barrier-Free Accessibility Act (BFSGZV) |
| Mecklenburg-Western Pomerania | No responsible authority found | |
| Lower Saxony | No responsible authority found | |
| North Rhine-Westphalia | No responsible authority found | |
| Rhineland-Palatinate | Ministry responsible for social affairs | State ordinance on responsibilities under the Accessibility Enhancement Act |
| Saarland | Ministry of Labor, Social Affairs, Women, and Health | Ordinance on responsibilities for reviewing conformity of products and services under the Accessibility Enhancement Act |
| Saxony | Saxony State Directorate | Accessibility Enhancement Competence Regulation |
| Saxony-Anhalt | Saxony-Anhalt State Office for Consumer Protection | Regulation on competences under the Accessibility Enhancement Act |
| Schleswig-Holstein | Ministry responsible for social affairs | State regulation on the determination of the market surveillance authority under the Accessibility Enhancement Act (MübBFSGVO) |
| Thuringia | No competent authority found |
Name of the competent authority
Until the state treaty on the joint market surveillance authority enters into force, the market surveillance authority responsible for the respective federal state must be named in the accessibility statement.
Conclusion
From June 28, 2025, companies must not only comply with the basic accessibility requirements. They also provide the information specified in Annex 3 – for which already the term “accessibility statement” has become established.
It is important to ensure that this declaration does not put you in the “pillory” and publicly declare that you are not complying with the law.
We are happy to assist you in preparing your accessibility statement.
In a detailed article in the trade journal WRP, we have dealt in detail with the requirements for accessible websites. You can read the full text of the article here:
Accessible websites – An overview of the effects of the BFSG (in German)
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