Quick Overview: Digital Accessibility

E-Commerce

Digital accessibility is no longer just an add-on, but a necessity – legally, economically and socially. That’s why we’d like to give you an overview of the most important terms and information relating to digital accessibility. This information will help you to better understand the basic aspects and expand your knowledge in this area.

Every tenth German is affected!
According to a press release issued by the Federal Statistical Office (Destatis) on 19 July 2024, around 7.9 million people in Germany were living with a severe disability at the end of 2023, which corresponds to 9.3% of the total population – i.e. around one in ten citizens. In this context, Aktion Mensch and Google, in collaboration with the consulting agency BITV-Consult and Stiftung Pfennigparade, developed a test in 2023 to check the accessibility of the most visited online shops and to emphasise the importance of an inclusive internet for social participation. The second test report published in June 2024 showed that only a fifth of the online shops analysed were accessible. Another important finding was that 61% of people with disabilities shop online very frequently or frequently – compared to 51% of people without disabilities. This shows that it is not only fair but also makes economic sense to include people with disabilities in digital life. We should also bear in mind that our society is ageing and that the number of people with disabilities will continue to rise in the future.

Digital Accessibility: An Overview of the most important Terms

  • ARIA: Stands for Accessible Rich Internet Applications. This is a set of attributes specifically designed to make dynamic content and user interfaces more accessible for people with disabilities, in particular by supporting screen readers.
  • Alt text: Short for alternative text, which is used to describe the content of images or graphics so that they can be read aloud by screen readers for visually impaired users.
  • Assistive technologies: Devices or software that help people with disabilities to interact with digital content. Examples include screen readers, Braille displays, speech recognition systems and screen magnification programmes.
  • Accessible PDF: An accessible PDF document is structured in such a way that it can be read by screen readers and other assistive technologies. This includes the correct use of headings, alt texts for images and text tags.
  • BFSG: BFSG stands for Barrierefreiheitsstärkungsgesetz. It is the national law implementing the EAA, which also obliges private companies in Germany to provide accessibility. The full name of this federal law is “Gesetz zur Umsetzung der Richtlinie (EU) 2019/882 des Europäischen Parlaments und des Rates über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen und zur Änderung anderer Gesetze”.
  • BFSGV: The BFSGV is the legal ordinance to the BFSG. It regulates the requirements for products and services. The technical specifications for this are provided by the DIN EN 301 549 standard, which in turn refers to the “WCAG” of the Web Accessibility Initiative (WAI) of the World Wide Web Consortiums (W3C).
  • BGG: BGG stands for Behindertengleichstellungsgesetz. The BGG implements the prohibition of discrimination against people with disabilities enshrined in the Basic Law at a legal level. The UN Convention on the Rights of Persons with Disabilities (UN CRPD) has also been in force in Germany since 2009.
  • BITV: Is the abbreviation for Barrierefreie Informationstechnik-Verordnung. It is a legal ordinance to the BGG. This ordinance transposes the requirements of the WCAG into German law and is aimed in particular at public bodies.
  • Braille display: The Braille display is a computer output device for blind and severely visually impaired people that displays characters in Braille (tactile Braille).
  • Captions: Text subtitles that are superimposed on videos and reproduce the spoken content and relevant sounds for people with hearing impairments.
  • Cognitive Accessibility: Refers to measures to support people with cognitive impairments. This includes simple language, clear navigation and understandable content.
  • EAA: Is the abbreviation for European Accessibility Act. This is an EU directive that defines accessibility requirements for products and services throughout Europe (EU Directive 2019/882). The EU directive had to be transposed into national law by 28 June 2022 and is binding from 28 June 2025. In Germany, the EAA was implemented through the Barrierefreiheitsstärkungsgesetz (BFSG).
  • EN 301 549: EN 301 549 is a European standard and specifies the technical requirements for the accessibility of information and communication technology (ICT).
  • EU Directive 2016/2102: The EU Directive 2016/2102 obliges all member states to ensure the accessibility of websites and mobile applications of public bodies. It is based on WCAG 2.1 and harmonises accessibility standards in the European Union.
  • EU Directive 2019/882: The EU Directive 2019/882, known as the European Accessibility Act (EAA), extends accessibility requirements to the private sector in the EU. This obliges companies to make numerous publicly accessible products and services accessible. In Germany, this directive is implemented by the BFSG.
  • Keyboard navigation: The ability to operate a website or digital service entirely using the keyboard without having to use the mouse. This is important for people with motor impairments.
  • Contrast ratio: The ratio between foreground and background colour, which should ensure that content is also easily recognisable for people with visual impairments. The WCAG specifies minimum requirements for this.
  • Reflow: A technique in which content adapts flexibly to the size of the screen or window so that it is easy to read even when enlarged or on smaller devices.
  • Screen reader: Software that reads out the content of websites and digital documents so that blind and visually impaired people can use them. One example of a screen reader is JAWS.
  • Tabindex: An HTML attribute that determines the order in which elements of a web page can be focussed using the tab key, making navigation easier for people who rely on keyboard control.
  • VoiceOver: A screen reader developed by Apple and used on Mac, iPhone and iPad devices.
  • WAI: Is the abbreviation for Web Accessibility Initiative. It is a working group of the W3C and works on guidelines and resources to improve accessibility on the web, including the WCAG for accessibility.
  • WCAG: Short for Web Content Accessibility Guidelines. These guidelines define the standards for accessible web content and are internationally recognised. They are divided into four basic principles (Perceivable, Operable, Understandable and Robust), which contain several guidelines. These guidelines in turn contain 78 success criteria with ascending quality in the categories A, AA and AAA.
  • W3C: Stands for the World Wide Web Consortium. It is the international body responsible for the standardisation of technologies on the World Wide Web.
Man with angel wings and balloons in his hand as a symbolic image for blog articles Brief overview: Digital accessibility

What does an accessible website look like?

An accessible website is characterised by the fact that it is accessible and usable for all people, regardless of their physical, sensory or cognitive abilities. Certain design principles are observed to ensure that no barriers are created that exclude certain user groups. Here are the most important features of accessible web design:

  • Contrasts and colours: Content must be easy to read and rich in colour contrast.
  • Navigation: Intuitive operation, even without a mouse, using the keyboard.
  • Text alternatives: Alt texts for images and graphics.
  • Subtitles and transcriptions: For audiovisual content such as videos and podcasts.
  • Scalability: Content should be able to be enlarged without changing the layout.
  • Compatibility: Websites must work with different browsers and assistance technologies, such as screen readers (e.g. JAWS or VoiceOver).

Häufig gestellte Fragen zur digitalen Barrierefreiheit

What is the BFSG?

BFGS is the abbreviation for Barrierefreiheitsstärkungsgesetz. It is a German law that aims to promote the equal participation of people with disabilities in economic and social life. The full name of this federal law is “Gesetz zur Umsetzung der Richtlinie (EU) 2019/882 des Europäischen Parlaments und des Rates über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen und zur Änderung anderer Gesetze”.

When does the BFSG come into force?

The BFSG comes into force in Germany on 28 June 2025. It implements the European Accessibility Directive 2019/882.

Why is it called “Barrierefreiheitsstärkungsgesetz” and not simply “Barrierefreiheitsgesetz”?

Unfortunately, absolute accessibility will not be achievable in practice. For this reason, the law has been called the ‘Barrierefreiheitsstärkungsgesetz’ and not, as originally intended, Barrierefreiheitsgesetz.

What is the aim of the BFSG?

Everyone – regardless of their abilities or impairments – should be able to participate in digital life without restriction. This includes, for example, people with disabilities, older people and people with little experience in using digital media.

What is the basis of the BFSG?

The BFSG is based on EU Directive 2019/882 of the European Parliament and of the Council, also known as the European Accessibility Act (EAA). This European directive defines common accessibility requirements for products and services in order to facilitate access to them for people with disabilities. To this end, the EU member states must enact accessibility laws in accordance with European standard EN 301 549. The BFSG transposes this EU directive into German law and obliges private economic operators to design certain products and services that are used by consumers to be barrier-free.

Who is affected by the BFSG?

All manufacturers, retailers and importers of the digital products regulated by the BFSG as well as providers of the corresponding services are affected, see Section 1 BFSG. It does not matter whether the products sold are accessible themselves or whether the service is delivered online or offline.

Which products and services are covered by the BFSG?

The BFSG applies to the following products and services from 28 June 2025:

  • Products: Computers including operating systems, routers, tablets, mobile phones, internet-enabled televisions, e-book readers, self-service terminals (e.g. payment terminals, cash and ticket machines),
  • Services: Telecommunications services (telephony, messenger services, etc.), passenger transport services (websites, apps or electronic ticketing services), banking services, e-book software, electronic commerce services (e-commerce, online shops, contact forms, appointment booking systems).

Details can be viewed here: § 1 BFSG

Do all online shops have to fulfil the BFSG?

No! Only online shops in the B2C sector, i.e. those aimed at end consumers, are affected. Micro-enterprises in the service sector are exempt. This obligation arises from § 1 Abs. 3 Nr. 5 BFSG as the term ‘Dienstleistungen im elektronischen Geschäftsverkehr’ covers the online sale of any products and services.

To whom does the BFSG not apply?

The BFSG does not apply to:

  • Private and purely business or B2B offers
  • Small businesses (less than 10 employees or less than EUR 2 million annual turnover or annual balance sheet total does not exceed EUR 2 million) that offer the services regulated in the BFSG
  • Companies with an economic risk due to accessibility can apply for an exemption from the requirements

For certain products and services, transitional regulations apply that allow the accessibility requirements to be fulfilled at a later date. These regulations are set out in Section 38 BFSG. For example, there is a transitional period of five years for certain services, while a period of 15 years applies to self-service terminals.

What requirements must be met for the law?

The BFSG sets out general requirements for the accessibility of products and services. However, the specific requirements are regulated in the statutory ordinance – the BFSGV. The technical standards for this are provided by the DIN EN 301 549 standard, which in turn refers to the Web Content Accessibility Guidelines (WCAG) of the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C). In order to provide accessible websites, the WCAG must therefore be fulfilled. Currently, the European Standard (EN) 301 549 still refers to version 2.1, i.e. WCAG 2.1. However, it is also advised that the latest version or version 2.2 should be followed, as the EN is to be adapted in the future (probably at the end of 2025).

What are the WCAG compliance levels?

WCAG 2.1 consists of 78 success criteria. If your online store fulfils these requirements, it is said to be compliant. However, as a WCAG-compliant online store does not have to fulfil all of the success criteria, these are divided into three different levels of compliance to illustrate the degree of adaptation:

  • A (lowest level, highest priority)
  • AA (medium level, standard that should be achieved)
  • AAA (highest level, lowest priority)

For you and your online store, this means that you must fulfil all A and AA criteria. The WCAG can be compared to an onion: If you fulfil the AA criteria, you automatically also cover the A criteria.

Is the WCAG also available in German?

Yes, on the website of Aktion Mensch. German translation of the directive >>

What is the difference between WCAG and BITV?

The WCAG and the BITV (Barrierefreie-Informationstechnik-Verordnung) differ in their scope and their legal basis, but have similar objectives. While the WCAG are international guidelines that serve as the basis for accessibility standards worldwide, the BITV is a German ordinance that implements the requirements of the WCAG in German law and is aimed at federal public bodies. Although the BITV 2.0 is based on the European Directive 2016/2102, it also includes the EN 301 549 standard, which in turn refers to the WCAG.

Are there tools to check web content for accessibility?

Yes, there are various tools to assess the accessibility of a website (e.g. WAVE, Google Lighthouse etc.). We have written a blog article in which you can read about the various test tools: to the blog article >>

What are the consequences of an offence?

The BFSG is a binding law that companies must comply with. Therefore, violations and non-compliance not only result in fines of up to 100,000 euros, but can even lead to the website or online store being shut down.

Who monitors the implementation of the BFSG?

Compliance with accessibility requirements is checked on a random basis by the market surveillance authorities of the federal states. However, it can also be initiated by specific complaints from consumers, recognised associations and warnings from competitors under competition law.

What is the difference between BGG and BFSG?

The BGG obliges public bodies of the federal government to ensure accessibility, while the BFSG is aimed at private economic actors. They also differ in their respective areas of application. The BGG contains legal requirements for accessibility in the areas of construction, transport, information technology and communication with citizens. The BFSG, on the other hand, requires certain products and services used by consumers to be accessible.

Conclusion: What’s next?

Digital accessibility and the associated legal requirements may seem overwhelming at first glance and you may wonder where you should even start. The best way to do it is as follows:

  1. Inform yourself. This is actually a matter of course, because the more intensively you deal with the topic of BFSG, the clearer the necessary steps become. And the sooner you start, the more relaxed you will be when the legal deadline of 28 June 2025 arrives.
  2. Check whether your online presence (website, online store, app, etc.) fulfils the requirements of the BFSG. Feel free to call on the expertise of others and seek advice – be it legal or from your web service provider.
  3. Divide the areas to be optimised into individual sections and assign responsibilities to them. In practice, the implementation of accessibility often requires extensive technical adjustments, which should ideally be spread across several shoulders.
  4. As soon as the framework conditions have been defined and are clear to all parties involved, you can start making the adjustments. Remember: the optimisations not only make you legally compliant, but also improve your SEO and user-friendliness.

To make it easier for you to get started, we have also planned an online event. Take advantage of the personal opportunity on 5 November 2024 and get more free information on this topic. Details and registration can be found below (event tip). Just scroll down!

Event tip

Do you need more practical information? Then don’t miss our free online event on this very topic: Introduction to digital accessibility. Our top expert will give you further insights into this important topic and the corresponding solutions.

When: 05.11.2024
Where: Conveniently online
Topic: Introduction to digital accessibility
Speaker: Tobias Roppelt, Managing Director of Gehirngerecht Digital
Time: 13.00 to 16.00 hrs

Registration: click here >>

Register now and become digitally accessible with your shop in 2025! We look forward to meeting you.

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