BFSG: Which Companies Are Affected? Complete Guide 2025

Germany's Barrierefreiheitsstärkungsgesetz (BFSG) came into force on June 28, 2025. Yet many businesses remain uncertain: Am I affected? Do I need to act now? This guide provides clear answers – without legal jargon.

Quick check: Use our free BFSG Compliance Check to find out in 30 seconds if you're affected.

Legal Notice: This article is for informational purposes only and does not constitute legal advice. The legal requirements of the BFSG may vary depending on your individual business situation. For binding legal assessment of your specific circumstances, please consult a specialized attorney.

Key Facts About the BFSG

The BFSG implements the European Accessibility Act (EAA) into German law. Goal: Make digital products and services accessible to people with disabilities.

What you need to know:

• Effective date: June 28, 2025 (already in force)
• Market impact: 16% of the population has a physical disability
• Penalties: Fines up to €100,000 possible
• Standard: WCAG 2.1 Level AA via EN 301 549

Which Companies Must Comply with the BFSG?

The answer depends on three factors: what you offer, who you offer it to, and how large your company is.

B2C Services: Who Is Affected?

All businesses offering digital services to consumers are affected – except micro-enterprises (more on that later).

Specifically affected:

Online shops and e-commerce: Any website with a shopping cart, checkout, or payment function must be accessible. This applies to small shops too – unless you qualify for the micro-enterprise exemption.

Booking and reservation systems: Appointment scheduling, hotel reservations, ticket bookings – all digital systems that lead to individual contracts with consumers.

Banking and financial services: Online banking, insurance portals, payment services for consumers.

Telecommunications services: Internet providers, phone services, messaging apps for consumers.

E-books and digital reading: E-reader software, digital libraries, audiobook platforms.

Passenger transport services: Apps for ticket booking, electronic tickets, timetable information.

Important Distinction: Informational Websites vs. E-Commerce

Not affected: Pure informational websites with general content and simple contact forms.

Affected: As soon as your website enables digital transactions that lead to contracts.

Examples:

• ❌ Not affected: Company website with contact form for inquiries
• ✅ Affected: Website with online appointment booking
• ✅ Affected: Portfolio website with integrated shop
• ✅ Affected: Service provider website with booking system

The Micro-Enterprise Exemption

For services, there's an important exemption: micro-enterprises are exempt from the BFSG.

You are a micro-enterprise if you meet both criteria:

• Fewer than 10 employees (full-time equivalents) AND
• Annual turnover or balance sheet total ≤ €2 million

How to Calculate Full-Time Equivalents (FTE)

The calculation:

• Full-time employees (40h/week): 1.0 FTE
• Part-time employees: Working hours ÷ Full-time hours

Example 1:

• 5 full-time (40h) + 8 part-time (20h)
• = 5 + (8 × 0.5) = 9 FTE
• ✅ Under 10 FTE = exemption possible (if turnover ≤ €2M)

Example 2:

• 8 full-time (40h) + 5 part-time (20h)
• = 8 + (8 × 0.5) = 10.5 FTE
• ❌ Over 10 FTE = BFSG mandatory (regardless of turnover)

Important: Exemption Only for Services, Not Physical Products

The micro-enterprise exemption applies only to services. This includes:

• ✅ Online shops and e-commerce platforms
• ✅ SaaS applications (Software-as-a-Service)
• ✅ Booking and reservation systems
• ✅ All other digital services

No exemption exists for manufacturers, importers, or distributors of physical products with digital components (e.g., smartphones, e-reader devices, ATMs). These must comply with the BFSG regardless of company size.

B2B Companies: Are You Affected?

Purely B2B-oriented services are exempt from the BFSG – but only under clear conditions.

Requirements for the B2B exemption:

• Your service is aimed exclusively at businesses
• You clearly exclude consumers
• This is clearly recognizable on your website

Caution: If your website serves both B2B and B2C customers, B2C rules apply. You cannot exempt individual areas – the publicly accessible part must be accessible.

Practical example:

• ✅ B2B wholesale platform with mandatory login and business verification
• ❌ Online shop with separate B2B and B2C areas (both must be accessible)
• ❌ Service provider website without clear B2B designation

Physical Products: Who Must Make Them Accessible?

Manufacturers, importers, and distributors of certain products must meet accessibility requirements.

Affected products with digital components:

• Computers, laptops, tablets, smartphones
• E-book readers
• Smart TVs with internet access
• ATMs
• Payment terminals
• Ticket machines and check-in kiosks
• Self-service terminals

Important: For products, there is no micro-enterprise exemption. Even small manufacturers or importers must meet the requirements.

What Happens If You Don't Comply?

The BFSG isn't toothless legislation. The consequences are real.

Financial risks:

• Fines up to €100,000
• Market surveillance measures
• Product bans or sales restrictions

Legal risks:

• Competition law warnings from competitors
• Class action rights for consumer protection organizations
• First warnings in e-commerce already documented

Reputation risks:

• Public criticism as a non-inclusive company
• Loss of potential customers
• Negative reviews and media reports

Market Surveillance and Controls

The Bundesnetzagentur is the responsible market surveillance authority. It can:

• Conduct random inspections
• Investigate user complaints
• Impose sanctions

Authorities apply a graduated procedure: first a hearing, then a further request, and finally fines if non-compliance continues.

"Disproportionate Burden" – Is There a Way Out?

The law allows an exemption for "disproportionate burden." But the hurdles are very high.

Criteria for disproportionate burden:

• Ratio of compliance costs to total costs
• Estimated costs vs. benefits for people with disabilities
• Threat to economic viability
• Fundamental changes to product/service required

Practical reality:

• "It's expensive" alone is not sufficient
• "We don't have time" is not a valid exemption
• "Our customers don't need it" is not a criterion

Documentation requirement: You must notify the market surveillance authority and prove the disproportionate burden. A reassessment is required every 5 years or when changes occur.

Concrete Next Steps for Affected Companies

You've determined you're affected by the BFSG? Then you should act now.

Your next steps:

1. Understand standards: Get an overview of WCAG 2.1 requirements in our guide Accessibility Standards Simply Explained.

2. Implement immediate measures: Learn in our article BFSG Compliance: Avoid Penalties 2025 which quick wins to tackle first and how to avoid fines up to €100,000.

3. Technical implementation: Accessibility isn't a one-time project – establish regular testing and publish an accessibility statement on your website. Our tools can help you achieve and maintain compliance.

If implementation takes longer: In your accessibility statement, you can indicate that conversion is in progress and being implemented promptly. Market surveillance authorities may consider this when exercising their discretion. With the navable AI Accessibility Statement Generator, you can create a BFSG-compliant statement in minutes – the AI-powered solution automatically generates a structured accessibility statement for your website.

Conclusion: Clarity Instead of Uncertainty

The BFSG affects more companies than many think – but not all. The micro-enterprise exemption and B2B rules provide important exceptions.

Your next 3 steps:

1. Check compliance status (Free BFSG check in 60 seconds)
2. Understand standards (Accessibility Standards Simply Explained)
3. Implement quick wins (BFSG Compliance: Avoid Penalties 2025)

With 16% of the population having a disability, the BFSG isn't just about compliance. It's about giving all customers access to your offerings – while minimizing legal risks and potential fines of up to €100,000.

The first warnings in e-commerce have already occurred. Act now to make your business legally compliant while creating a better user experience for all users.

Important: For legal questions regarding the applicability of the BFSG to your company, we recommend consulting a specialized attorney. The information provided in this article does not replace individual legal advice.