1. What does accessibility actually mean?
In an increasingly digitalized world, where online retail continues to grow steadily and brick-and-mortar retail is becoming less important, digital technology now permeates all areas of life.
Across Europe, around 100 million people, meaning almost 27% of the population aged 16 and over, live with a disability or functional limitation. Despite digital progress, these people are still largely excluded from accessing essential online services: According to a report by Emmaüs Connect and the French Red Cross, less than 30% of public websites meet international accessibility standards. For private websites, this figure was only 3% in 2022.
Against this backdrop, legal requirements for digital accessibility are becoming increasingly important. They ensure that digital tools and services are available to everyone. Legal frameworks such as the European Accessibility Act (EAA) ensure that people with disabilities can participate fully in modern, digitally-driven life.
In particular, the EU directive also obliges private companies to ensure digital accessibility. The law will come into force on June 28, 2025, and represents an important milestone for digital participation.
2. Who is subject to accessibility requirements?
Several criteria must be considered to determine whether a company is affected.
On the one hand, there are economic criteria:
- The accessibility obligation applies only to companies with more than 10 employees and an annual turnover of more than 2 million euros
- or with an annual balance sheet total of more than 2 million euros.
and on the other hand, there are product- or service-related criteria:
- The accessibility obligation applies to products and services that are placed on the market or made available from June 28, 2025, in particular for:
✔ websites and mobile apps that provide information or transaction services to the public,
✔ digital products such as software and self-service terminals (such as interactive kiosks),
✔ electronic services including online commerce, booking platforms, and digital banking services.
3. What exactly does the law require?
Accessibility as standard
- Websites and mobile apps must be designed to be accessible in terms of both technology and content. The requirements are based, among other things, on the internationally recognized WCAG guidelines (Web Content Accessibility Guidelines)
- E-commerce-services and self-service terminals must be designed in such a way that they can also be used by people with disabilities (visual, hearing, motor, cognitive).
Technical & organizational measures:
- Websites, apps, and machines must be adapted in accordance with defined standards
- Documentation requirements and possible obligations to provide evidence to authorities
- Annual self-assessments and ongoing monitoring of accessibility
4. Differences between Germany and France
While the BFSG introduces comprehensive accessibility rules for the private sector and certain products/services for the first time in Germany, detailed obligations have already been in place in France for several years and are now being extended to private actors.
In France, public documentation of accessibility status is mandatory. The BFSG also provides for documentation and verification obligations, it does not require a mandatory online audit report.
Here is a brief overview of the differences:
Aspect
Germany
(BFSG –
Barrierefreiheitsstärkungsgesetz,
Accessibility Enhancement Act)
France
(RGAA, Loi 2005-102 and
decrees)
Legal basis
BFSG (2021), Implementation of
the Accessibility Directive (EAA)
Loi 2005-102; Décret n° 2019-768;
Ordonnance n° 2023-1252;
Loi 2005-102; Décret n° 2019-768;
Ordonnance n° 2023-1252;
Implementation EAA & EU 2016/2102
Scope
Manufacturers, retailers, service
providers – in particular digital
offerings (web, app, e-commerce,
terminals) from 2025; exception:
micro-enterprises for services
All public bodies; private companies
whose offerings are publicly accessible;
mandatory especially from 250
employees/threshold value
Technical standards
Based on WCAG 2.1
Web Content
Accessibility Guidelines;
implementation through national
standard DIN EN 301 549
RGAA
accessibilite.numerique.gouv.fr
based on WCAG 2.1; specific national
provisions
Obligations for
companies
Accessible design of websites,
apps, e-books, terminals, etc.
Documentation and verification
obligations; selfassessment/
monitoring
Accessible design in accordance with
RGAA; mandatory accessibility
statement (“Déclaration
d’accessibilité”) on websites; annual
update
Mandatory public
statement?
No, but documentation and,
if necessary, proof to the authorities
in the event of an inspection
is required
Yes: Mandatory publication of an
accessibility standard on every website
(“Déclaration d’accessibilité”)
Monitoring and
sanctions
Market surveillance authorities of
the federal states; fines for
violations, risk of warnings
Several supervisory bodies (including
DGCCRF, CNIL); fines; publication of
inspection reports
Date of application
June 28, 2025
Gradual implementation since 2005;
gradually extended to digital services
for private individuals, new
threshold/obligations from June 28, 2025
Significant special
features
Many medium-sized companies
affected for the first time; products
(e.g., e-readers, terminals) also
covered
Public accessibility statement
mandatory; RGAA regular audits
& reporting
5. Transitional provisions – Which provisions apply?
- The BFSG applies in principle from June 28, 2025, to new services and to substantial changes to existing services.
- Existing services: Services already provided and legally used before June 28, 2025, may continue to be provided until June 28, 2030, without being fully accessible.
- New features and modifications: if an existing service is substantially modified or significantly redesigned (e.g., new technical implementation, significant extension of functionality), the accessibility requirements of the BFSG apply immediately from June 28, 2025.
- After June 28, 2030: From this date onwards, all affected services, regardless of their initial date of availability, must be fully accessible.
6. What should companies do now?
Check whether you are affected by the law (economic criteria, product/service offering).
Take concrete steps:
- Take stock: What digital offering/services do you provide? Are any affected products or services included?
- Test accessibility: Check websites, apps, and digital processes for accessibility (technical, linguistic, content).
- Identify areas for improvement: Ideally, have your accessibility audited by experts/agencies.
- Start projects: Initiate adjustments (e.g., adapt design and development processes).
- Raise awareness among employees: Provide training for IT, marketing, and customer service departments.
7. Sanctions and controls
The BFSG provides for controls by market surveillance authorities. Violations can be punished with fines.
- In Germany, sanctions under the BFSG are primarily organized as formal administrative offense proceedings, with the amount of the fines depending on the severity and duration of the violation. In addition, there is always the risk of warnings under competition law with corresponding external effects.
- In France, in addition to fines and administrative warnings, the publication of the offense (“name and shame”) is also explicitly established as a means of pressure. Repeat offenders may face more severe additional measures.
Further consequences in both countries include:
- In public procurement/certification, failure to comply with accessibility requirements can lead to disadvantages.
- Damage to brand image and loss of trust, especially in the case of violations that have become public.
8. Conclusion: Act now instead of waiting!
The Accessibility Enhancement Act is not just a paper tiger; it affects many small and medium-sized enterprises, especially those active in online sales or digital platforms. Acting early avoids later costs and legal risks and promotes digital participation.