Digital accessibility: laws and practical requirements

In this article, we explain how the laws, directives and standards on digital accessibility relate to each other and what specific requirements result from them for your website – in case you are obliged to implement accessibility.

Last updated: October 2026

For private companies, the basis is Directive (EU) 2019/882, also known as the European Accessibility Act (EAA). It obliges all member states to create regulations that ensure accessible access to certain products and services for consumers.

Public bodies are covered by a separate, older directive: Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies (Web Accessibility Directive).

In Germany, these directives are implemented primarily by two sets of regulations:

• The Barrierefreiheitsstärkungsgesetz (BFSG) implements the EAA. It applies to companies offering certain products and services to consumers, e.g. online stores or banks. Its requirements have applied since 28 June 2025. Purely B2B offerings are not covered. In addition, micro-enterprises providing services are exempt – i.e. companies with fewer than ten employees and an annual turnover or balance sheet total of no more than EUR 2 million.
• The Barrier-free Information Technology Ordinance (BITV 2.0), together with the Disability Equality Act (BGG), applies to federal public bodies, such as federal authorities and federal ministries. It has been in place since 2011, was revised in 2019 to implement the Web Accessibility Directive and was last amended in 2023. State administrations and municipalities are governed by the laws and regulations of the respective federal state.

Both regulations stipulate that digital offerings must be designed to be accessible. What they do not provide, however, is a detailed technical description.

Both sets of regulations are linked to harmonized European standards: if an offering complies with a standard whose reference has been published in the Official Journal of the EU, it is presumed to meet the legal requirements (Section 4 BFSG, Section 3 BITV 2.0). This is where EN 301 549 comes into play. As a technical standard, it defines how accessibility is to be implemented in concrete terms – for websites, apps, software, documents and hardware.

There is an important difference between the two laws:

• BITV 2.0: EN 301 549 version V3.2.1 is cited in the Official Journal of the EU. Public bodies that comply with it benefit from the presumption of conformity.
• BFSG: No harmonized standard has yet been published in the Official Journal for the EAA. Until then, according to the Federal Accessibility Agency (in German), the current EN 301 549 – alongside other recognized standards such as WCAG – serves as the authoritative guideline.

In September 2026, the new version EN 301 549 V4.1.1 was published. It was revised with the EAA in mind and is based on WCAG 2.2. It only becomes legally authoritative once the European Commission publishes it in the Official Journal. No date has been set yet; publication is expected at the end of 2026. Until then, V3.2.1 remains the reference (AccessibleEU).

A central chapter of EN 301 549 is Chapter 9, which deals specifically with web content. This is where the Web Content Accessibility Guidelines (WCAG) are incorporated.

The WCAG were developed by the World Wide Web Consortium (W3C) and are considered the global standard for accessible web design. The current version is WCAG 2.2, published in October 2023. It contains 86 success criteria: nine were added compared to WCAG 2.1, and the obsolete criterion 4.1.1 (Parsing) was removed. The success criteria are divided into three levels:

• A: Basic requirements (e.g. alternative text for images)
• AA: Recommended standard (e.g. color contrasts, keyboard operability)
• AAA: Advanced requirements (e.g. particularly simple language)

Levels A and AA are the relevant levels for legal accessibility. The currently referenced EN 301 549 V3.2.1 still refers to WCAG 2.1 with 78 success criteria, the new V4.1.1 to WCAG 2.2. Our recommendation: plan new projects and relaunches according to WCAG 2.2 Level AA now. This largely covers the requirements of WCAG 2.1 as well.

Imagine you are a medium-sized company in Germany that operates an online store. You would like to know whether you are obliged to implement accessibility and, if so, what exactly you have to implement.

For private providers like you...

• the BFSG applies because your online store is an e-commerce service for consumers.
• the BFSG has imposed a legal obligation to make this offering accessible since 28 June 2025.

Exceptions: if you sell exclusively to business customers (B2B) or are a micro-enterprise, your store is not covered by the BFSG. As a medium-sized company with consumer customers, however, you are affected. Violations can be punished with fines of up to EUR 100,000 (Section 37 BFSG).

If your online store falls under the BFSG, you should implement the following points. The technical benchmark is EN 301 549.

Compliance with WCAG at level AA

The current EN 301 549 V3.2.1 requires WCAG 2.1 at levels A and AA, the new V4.1.1 requires WCAG 2.2. This includes, for example:

• Contrasts: Texts must be easy to read (e.g. no light gray on white)
• Alternative texts for images
• Keyboard operability for all functions
• Forms with labels and meaningful order
• Clear page structure and navigation

What does Level AA mean in detail? You can find a complete list of all requirements in the WCAG Quick Reference by the W3C (World Wide Web Consortium) – including filter options by WCAG version, level, technique and technology. There you can specifically check which points are relevant for your website.

Provide accessible documents

PDFs and other downloads should also be accessible – e.g. with tags, alternative texts and a logical reading order.

Make videos accessible

• Captions for prerecorded videos (synchronized, either closed or permanently visible)
• Audio description for prerecorded videos, unless important visual information is already conveyed in the audio track
• Operable video players with keyboard accessibility

Provide accessibility information

The BFSG requires information on how your service meets the accessibility requirements (Section 14 BFSG with Annex 3, in German). You provide it in your terms and conditions or in another clearly perceptible way, itself in an accessible form. Where applicable, it includes:

• a general description of the service in an accessible format
• explanations necessary to understand how the service is carried out
• a description of how the service meets the accessibility requirements
• the competent market surveillance authority

An “accessibility statement” following the BITV 2.0 model is mandatory for public bodies, not for companies under the BFSG. It is still a good idea to bundle the information on a dedicated, easy-to-find page.

Set up a feedback option

The BITV 2.0 requires a feedback mechanism for public bodies; the BFSG information requirements do not include one. We recommend it anyway: if users can easily report barriers – e.g. via a form or an email address – you learn about problems early.

Accessible support

If you offer support services such as a help desk, call center or technical support, they must provide information on the accessibility of your service and its compatibility with assistive technologies through accessible means of communication (Section 12 No. 4 BFSGV, in German). Help pages and FAQs on your website must be accessible anyway as part of your offering.

The following table provides a clear summary of all relevant legal principles. This will give you a quick overview of the most important regulations in the area of digital accessibility. If you as a company have to comply with the obligation under the BFSG, it is not enough to just be “somehow accessible”.

Use EN 301 549 as your benchmark – and thus implement WCAG at Level A and AA: currently version 2.1, soon version 2.2. If you are developing something new today, it is best to plan with WCAG 2.2 right away.

This turns an EU directive into a clear roadmap with concrete measures - and your digital offering is not only legally compliant, but also fully accessible for all users. At the same time, you create the basis for an inclusive user experience, strengthen trust in your digital solution and position yourself as a responsible and future-oriented company in the digital space.