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Does My Website Have to Be Accessible? The BFSG for Small Businesses

When the German Accessibility Strengthening Act applies to your website, why most small businesses are exempt and what you should do anyway.

By Ioan Serban5 min read

For most small businesses, the legal answer is no. The German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) only covers websites through which private customers conclude a contract, such as an online shop or online appointment booking. And even then, micro-enterprises that provide services are exempt: businesses with fewer than ten employees and no more than 2 million euros in turnover. Accessibility is still worth it, because it helps every visitor.

This article explains what the law says and gives you three questions to place your own website. It is not legal advice. As of October 2026.

What the BFSG covers

Since 28 June 2025, the BFSG has applied to certain products and services for consumers (§ 1 BFSG). They must be accessible: people with disabilities should be able to find and use them without particular difficulty and, as a rule, without help from others (§ 3 (1) BFSG).

For websites, this concerns “e-commerce services”. These are offers that a consumer requests through a website or app in order to conclude a contract (§ 2 No. 26 BFSG). A consumer is a private person who is not acting for their trade or profession (§ 2 No. 16 BFSG).

Three questions for your website

Go through the questions in order. As soon as one answer is “no”, the BFSG does not apply to your website.

1. Is your offer aimed at private customers? If you only work for businesses, there is no consumer, and the law requires one. A wholesaler or a service provider that only serves companies is therefore not covered.

2. Do customers conclude a contract through the website? A website that only informs about your business is probably not covered, according to the Federal Accessibility Agency (Bundesfachstelle Barrierefreiheit) (Federal Accessibility Agency, FAQ question 19). An online shop or online appointment booking is different. The guidelines of the Federal Ministry of Labour name appointment booking as an example (ibid.).

3. Is your business a micro-enterprise? Micro-enterprises that provide services are exempt (§ 3 (3) BFSG). An online shop also counts as a service here. A micro-enterprise meets two conditions at once (§ 2 No. 17 BFSG):

  • fewer than ten employees and
  • no more than 2 million euros in annual turnover or no more than 2 million euros in annual balance sheet total.

Many guides mix up “and” and “or” here. A business with twelve employees is not a micro-enterprise, even if its turnover is below 2 million euros.

Where there is no clear answer yet

Not every case is settled. No authority has said explicitly whether a simple contact form or a non-binding price request already counts as a request “with a view to concluding a contract”. By the wording, what matters is whether a contract with private customers is meant to come about through the website. If you are unsure and not a micro-enterprise, clarify your case with a lawyer.

If the law applies to your website

Then the website must meet four principles: perceivable, operable, understandable and robust (§ 12 BFSGV). The BFSGV is the regulation with the detailed requirements. The benchmark is the European standard EN 301 549, which for websites refers to WCAG 2.1 at levels A and AA (Federal Accessibility Agency, FAQ). The WCAG are the international guidelines for accessible websites.

You must also describe how your offer meets the requirements and name the responsible authority. This information belongs in your terms and conditions or in another clearly visible place (§ 14 BFSG with Annex 3).

Since September 2025, checks have been the job of the joint market surveillance authority of the German states for accessibility (MLBF) in Magdeburg (MLBF). Consumers and recognised associations can ask it to take action (§§ 32, 33 BFSG). Fines of up to 10,000 euros or up to 100,000 euros are possible, depending on the breach (§ 37 (2) BFSG). These are maximum amounts. Whether competitors can also send a formal warning letter (Abmahnung) over missing accessibility is legally unresolved.

And the tools that promise “BFSG compliance in one click”?

Some providers sell so-called overlays. These are small programs that place a toolbar over the website, for example for larger text or stronger contrast. They sit on top of the existing website. Whether a website meets the requirements depends mainly on how it is built: on headings, labels, contrast and keyboard use. More than 1,000 accessibility experts do not consider overlays a substitute for this and give their reasons in the Overlay Fact Sheet. That is their assessment, not an official statement.

Why accessibility is worth it anyway

Even if the law does not cover you: a website that everyone can use is better for everyone. Good contrast helps on a phone in sunlight. Clear headings help people skim. Labelled form fields help anyone in a hurry.

These basic rules from WCAG 2.1 make the biggest difference:

  • Contrast: normal text has a contrast ratio of at least 4.5 to 1 against its background (1.4.3).
  • Image descriptions: every image with content has a short alternative text that screen readers read aloud (1.1.1).
  • Keyboard: everything works without a mouse, and you can see where you are (2.1.1, 2.4.7).
  • Headings: the page has a clear order of main headings and subheadings (1.3.1).
  • Forms: every field has a visible label (3.3.2).
  • Language: the page states its language, so screen readers pronounce it correctly (3.1.1).

You can check some of these yourself in a few minutes. The checklist Check Your Website Yourself shows how. When you have a business website built by me, I build it to these basic rules, whether or not the law applies to you. For an existing website, my free website check also points out obvious barriers, without a legal assessment.

Frequently Asked Questions

Does the BFSG apply to my practice or law firm? That depends on its size and its website. If you offer online appointment booking for private persons and have ten or more employees, your website is probably covered. With fewer than ten employees and no more than 2 million euros in turnover, you are exempt as a micro-enterprise.

Do I need an accessibility statement? Only if the law applies to your website. Then it requires the information set out in Annex 3 of the BFSG. The “accessibility statement” (Erklärung zur Barrierefreiheit) that authorities and public bodies publish is something else (MLBF).

Who can answer questions about my case? The Federal Accessibility Agency answers general questions in its FAQ. For a binding assessment of your own case, you need a lawyer.