Laws & Regulations
Accessibility in the digital space is not just a question of best practices but is increasingly regulated by law. This chapter introduces the most important legal foundations that are relevant for public bodies and private providers in Germany and the EU.
BITV 2.0 (Germany)
The Barrier-free Information Technology Ordinance (BITV 2.0) has required all public bodies in Germany to design their websites and mobile applications to be accessible since 2019. The legal basis is EU Directive 2016/2102.
Essential Requirements
- Implementation of WCAG 2.1 at Level AA as a technical standard
- Publication of an accessibility statement with feedback option
- Regular monitoring by the responsible authorities in the federal states
- Enforcement procedures for users when barriers are encountered
BFSG (Accessibility Strengthening Act)
The BFSG is the national implementation of the European Accessibility Act (EAA) into German law. Since June 28, 2025, it has been in effect and, for the first time, requires many private companies to make their digital offerings accessible.
Scope of Application
- Web shops and digital marketplaces
- E-book platforms
- Banking and mobility apps
- Customer interfaces at self-service terminals (e.g., ATMs)
Obligations
- Implementation of WCAG criteria for digital accessibility
- Documentation of compliance and provision upon request
- Provision of information in an accessible form
- Control by market surveillance authorities (e.g., DIN, consumer protection agencies)
Exceptions
Micro-enterprises with fewer than 10 employees and annual turnover < €2 million, which exclusively provide services, may claim an exemption. This must be documented in writing by the company and made available to the market surveillance authority upon request.
EAA (European Accessibility Act)
The European Accessibility Act (EAA) is an EU-wide directive that aims to harmonize the accessibility of digital products and services. The goal is a unified European market without digital barriers.
Relevance
- Basis for national laws such as the BFSG
- Uniform technical standards based on WCAG
- Also applies to hardware, operating instructions, contract documents, etc.
Accessibility Statement
The accessibility statement is a central document for transparency regarding the state of accessibility.
It should include:
- Status of compatibility with WCAG (e.g., “partially compliant”)
- Description of known barriers
- Information on the method of assessment (self-assessment, external tests)
- Feedback contact for users
- Reference to an enforcement procedure
Control and Enforcement
| Regulation | Target Group | Control By | Mandatory Since |
|---|---|---|---|
| BITV | Public Bodies | Monitoring bodies of the federal states | since 2019 |
| BFSG | Private Providers | Market surveillance authorities | from 06/28/2025 |
| EAA | EU-wide | Implementation through national laws | from 2025 |
Significance for Practice
Laws such as BITV and BFSG make accessibility binding and verifiable. They create incentives for high-quality, inclusive digital offerings and strengthen user rights. At the same time, they are a central topic for project planning, testing, documentation, and compliance in companies and organizations.
The implementation of legal requirements requires:
- Technical know-how for applying WCAG
- Early consideration in the design and development process
- Systematic testing and documentation strategies
- Clear responsibilities within the team or organization