Better accessibility for products and services - New legal regulation comes into force
The so-called Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) will come into force in the coming year. It defines the accessibility requirements for a wide range of products and services. The aim is to ensure better access to products and services for people with disabilities. This is a major step towards a more inclusive society that is also based on legal EU requirements.
Scope and aim of the BFSG
The BFSG constitutes the German implementation of the European Accessibility Act (EAA). This Directive, which dates back to 17.4.2019 already, calls on the Member States to create national regulations on accessibility for specific products and services. Germany transposed these requirements into national law on 22.7.2021. The BFSG will come into force on 28.6.2025, although a number of sub-regulations, such as the power to issue statutory instruments will already apply earlier.
The BFSG aims is to improve access to products and services for people with disabilities. Under the BFSG, accessibility will also be a requirement for private actors In Germany so that they will make their products and services for consumers more accessible, understandable and usable.
Products and services that will have to be designed to be accessible in the future
Products that, in the future, will have to be designed to be accessible notably include
- hardware systems for computers,
- specific self-service terminals, such as payment terminals and cash machines as well as
- interactive consumer end devices for telecommunication services and audiovisual media services, and
- e-book readers.
The services listed below will have to be designed to be accessible:
- telecommunication services (with the exception of transmission services for machine-to-machine communication),
- specific elements of passenger transport services related to air, bus, rail and waterborne transport,
- banking services,
- e-books and their software, as well as
- electronic commerce services.
This includes, in particular, websites, apps, electronic tickets and making transport information available in real time.
Exceptions and simplifications
The BFSG also provides for exceptions. Smaller companies, in particular, could be exempt from specific requirements if their implementation involves high costs that would thus be disproportionate and documentary proof of this is available.
Legal consequences in the case of violations
Violations of the provisions under the BFSG could lead to severe penalties. Companies that do not design their products or services to be accessible may be fined. Furthermore, competitors or consumer associations will be able to instigate legal proceedings against companies that disregard the accessibility requirements. In especially serious cases, obligations could be imposed that could even force a company to withdraw the products from the market.
