On 28 June 2025, the Accessibility Enhancement Act (Barrierefreiheitsstärkungsgesetz, BFSG) came into force, requiring sellers, producers and importers in numerous industries to make not only services but also certain products accessible. Here you can find out more about how products and micro-enterprises are affected, as well as the tasks and obligations of sellers, producers, importers and service providers.
Which products are affected by the BFSG? The Federal Accessibility Agency provides the following information on this subject: The BFSG does not generally cover all products and services for consumers. The scope of application is identical to that of Directive (EU) 2019/882, which implemented the Act. Section 1 (2) and (3) of the BFSG lists all products and services that fall within the scope of application. BFSG products include, among others:
- Computers, notebooks, tablets, smartphones, mobile phones
- Self-service terminals such as cash machines, ticket machines and check-in machines
- Television sets with internet access
- E-book readers
- Routers
BFSG services include:
- Telecommunications services
- E-books
- Services offered on mobile devices (including apps) in interregional passenger transport
Are micro-enterprises affected by the BFSG? The Federal Accessibility Agency provides the following information on this matter: According to Section 3 (3) BFSG, micro-enterprises (fewer than ten employees and a maximum annual turnover of €2 million) that offer or provide services are exempt from the BFSG – they are therefore not required to make their services accessible. However, micro-enterprises that place products on the market are subject to the BFSG and must make the products specified in Section 1 (2) accessible."
What are the BFSG requirements for sellers, producers and importers? Taylor Wessing provides detailed information on product-related obligations, which we summarise here, broken down by stakeholders:
- Producers: These are primarily affected by product-related obligations within the meaning of the BFSG and may only place barrier-free products with CE marking on the market. Before being placed on the market, the product must undergo a conformity assessment procedure and an EU declaration of conformity must be drawn up or submitted. There are also comprehensive information and documentation requirements. If a product is not accessible, the producer must take corrective measures or recall the product.
- Sellers and importers: They may only distribute accessibility-compliant products that the producer has placed on the market in accordance with the law. The product's compliance with accessibility requirements must not be impaired by storage and transport. In addition, certain information and documentation requirements apply. If a product is not accessible, importers and sellers must inform the producer and the market surveillance authorities and take corrective or recall measures.
- Service providers and service-related BFSG obligations: Services offered or provided must be accessible. Special information obligations must be fulfilled in an accessible format. Service providers must explain the service and how it is provided in their general terms and conditions or in another clearly visible manner and describe how the service meets the legal accessibility requirements, stating the competent market surveillance authority. If services do not comply with the BFSG, the service provider must take corrective measures.
Questions about the BFSG? trade-e-bility recommends the FAQ on the Barrier-Free Access Act (BFSG) published by the Federal Agency for Accessibility (in German language only). If you require further advice on the legislation and how it affects you, trade-e-bility will be happy to assist you via +49/40/750687-300 or send us an email.
