The Accessibility Strengthening Act

What is the Accessibility Strengthening Act?

Officially the law is titled ,,Law for enforcement of the guideline (EU) 2019/882 of the European parlament and the council over the accessibility requirements for products and services''. The core of the law is the regulation that ''products than an economic operator makes available on the market and services that he offers or provides have to be accessible. Products and services are accessible if they can be found, accessed and used by people with disabilities in a customary manner, without significant difficulty and without assistance.'' ( 3 Abs. 1 BFSG) The Accessibility Strengthening Act will ensure the accessibility of products and services within the European market for the future.

The law was already passed in the Summer of 2021 - it is the German implementation of the EU-guideline that was decided upon two years prior about the accessibility requirements for products and services, the so called European Accessibility Act. This EU guideline is based on the UN Convention on the Rights of Persons with Disabilities from 2006. For the first time private economic operateurs are being required to adhere to accessibility measures in Germany.

What are the goals of the Accessibility Strengthening Act?

For one, the accessibility of products and services is to be ensured and therefore the right to live as a part of society is to be strengthened for people with disabilities. ( 1 Abs. 1 BFSG) ''People with disabilities'' are defined by the legislator as people that are, for prolonged periods of time (longer than 6 months), impaired physically, mentally, cognitively or sensually, which, in interaction with the setting- and enviroment related barriers, might prohibit them from being an equal part of society. ( 2 Nr. 1 BFSG) Furthermore, the implementation of the EU directive is to contribute to the harmonization of the accessibility standards within the domestic market and therefore ease the free movement of goods within the EU. This is to be especially beneficial for smaller businesses.

Who is affected by the Accessibility Strengthening Act?

The law is directed towards the following economic operateurs:

• Producers and proxies = (legal) persons who develop, maufacture or have products manufactured and put them on the market under their name or brand.
• Importers = persons who import products from third countries in the Union market.
• Distributors = persons who provide products in the supply chain on the market.
• Service providers = persons who offer services have to ensure that these services are acessible.

Small businesses (with fewer than 10 employees and a yearly revenue of max. 2 million euros) that provide services are exempt from this. These can be advised by the Federal Department of Accessibility. Additionally, the Federal Ministry of Labour and Social Affairs provides guidelines to help businesses implement the accessibility requirements as well as possible. Products by small businesses do however fall under the Accessibility Strengthening Act and therefore have to be accessible.

What products and services are affected by the Accessibility Strengthening Act?

Products

From June 28, 2025, products can only be marketed if they meet the following criteria:

• meet the stipulated accessibility requirements
• have undergone the conformity process
• have been issued the EU conformity declaration
• have CE certification

This includes:

• Hardware systems for universal computers and their operating systems: This includes, for example, PCs, desktops, notebooks, smartphone, tablets and mobiles.
• Self-service terminals: These include payment terminals, ATMs, ticket machines, check-in terminals, interactive self-service terminals for provision of information (with the exception of terminals built into vehicles). Interactive telecommunication devices and interactive consumer terminals for access to audiovisual media services (for example television devices with internet access and router) also fall under this category.
• E-book readers

Services

After the Accessibility Strengthening Act takes effect, the following services are only allowed to be provided if they fulfill the accessibility requirements:

• Telecommunication services (for example also messenger services)
• In transregional passenger transport services by air, bus, rail and ship: websites, services offered on mobile devices and mobile apllications, electronic tickets and ticket services, information provision in commercial transport services (for example travel information), interactive self-service terminals
• Banking services for consumers (for example online banking)
• E-books and their software
• Electronic commerce (for example in online shops or websites)

Exceptions for websites and (mobile) apps

• Time-based media released before June 18, 2025
• File formats of office applications released before June 18 2025
• Online-maps and map services (information concerning navigation purposes must be accessible)
• Third party content that isn't self-financed, developed and under their own control
• Internet archives

According to the current regulations posed by the Accessibility Strengthening Act, the requirements don't affect the B2B sector (business-to-business) but instead only affect the B2C sector (business-to-consumer).

What are the requirements for accessible products and services?

The specific requirements posed for accessible products and services were defined in the legislative decree of the Federal Ministry of Labour and Social Affairs on June 22, 2022. The Federal Ministry for Labour and Social Affairs created it in cooperation with the representatives of the federal states, municipalities, the economy, the federal ressorts and the Federal Comission of Accessibility. Furthermore, the Federal Ministry of Labour and Social Affairs created guidelines that reiterate the contents of the Accessibility Strengthening Act using practical examples. They're meant to especially help small businesses in implementing the Accessibility Strengthening Act. Additionally, norms and technical standards for digital accessibility are referenced.

When does the law take effect?

The Accessibility Strengthening Act takes effect on the June 28, 2025. In case of non-compliance, fines of up to 100.000 euros my be imposed. There are however transitional regulations. Service providers can still use products that they legally used before Accessibility Strengthening Act took effect until June 27, 2030. Self-service terminals that have been in use before the law became effective may be used until the end of their economic life, but for no longer than 15 years.

Who monitors the implementation of the Accessibility Strengthening Act?

The observance and control of standards is ensured by the market surveillance authorities and the individual federal states with the support of the Federal Institute for Occupational Safety and Health. The market surveillance can take measures when products or services don't fulfill the accessibility requirements. In the worst case, the market surveillance authorities can restrict the provision of a non-accesible product, disallow it or even order it's withdrawal or recall. In the case of services violating the Accessibility Strengthening Act, market surveillance is also authorized to, after repeated warnings, prohibit the offer in question or the provision of the respective services.

What rights do consumers have?

Consumers have the right to request that the respective regional authorities take measures against those who do not adhere to the standards. If the request is denied, consumers can take legal action through the administrative court. Aside from the consumers, officially recognized associations and qualified institutions can also file for legal action on behalf of the consumer or on their own initiative. Arbitration is also possible.

People that are hard-of-hearing as well as people with speech impediments have the right to communicate in court through German sign language, sign-language interpreters or through other suitable communication aids. The resulting costs will be covered by the market surveillance agency.

Criticism concerning the Accessibility Strengthening Act

The German implementation of the EU-guidelines is a centre of criticism by several associations and private businesses. The biggest points of criticism will be highlighted in the following segment.

Many social organisations welcome the obligation of private economic operators to prvode accessibility. However, several of them believe that the Accessibility Strengthening Act missed an opportunity to expand upon the EU guidelines. It is often criticized that a shortened definition of accessibility was used for the Accessibility Strengthening Act instead of refering to the Disability Equality Act. Furthermore, it is criticized that the structural and professional areas were completely ommitted from the regulations. So while an accessible ATM is fundamentally a good thing, it is of little use to people with handicaps if the ATM can't be reached due to local structural conditions. Many associations also demand an expansion of the Accessibility Strengthening Act to also encompass regional, city and suburbian transport. The transitional periods are also considered too long, especially for digital services.

On the opposite side, business representatives welcome the successful direct implementation of the EU-guideline through the Accessibility Strengthening Act and strongly speak out against a legislation going beyond the EU guidelines. In addition, transport companies in particular call for an extension of the maximum operating time of self-service terminals so that they can be used economically until the end of their useful life. Additionally, an obligation for the recall or prohibition of non-accessible products is also considered disproportionate.

Both social organisations as well as economic representatives are critical of the organisation of market surveillance at state level and would've preferred a centrally organized market surveillance on a federal level.

Why is a voluntary implementation of the Accessibility Strengthening Act requirements a good idea?

Companies, that implement the requirements voluntarily enjoy numerous benefits:

• Broader target group: Accessible products and services can be enjoyed by a wider target group, especially with regard to the ageing population.
• Competitive advantage: Companies that implement accessibility standards early on can gain a competitive edge.
• Future-proofing: It is possible that the scope of the Accessibility Strengthening Act will be expanded in the future, so companies that act early will be better positioned.
• Added social value: Accessibility promotes a more inclusive and equal society.

Conclusion

The Accessibility Strengthening Act marks an important step towards greater inclusion. It requires private economic operators to ensure accessibility and thus guarantees better participation in social life for people with disabilities. Despite several points of criticism, the Act offers many opportunites for companies and society alike. Companies that implement the requirements voluntarily and early on can benefit from many advantages and contribute to an inclusive society.

Sources and further information

• Barrierefreiheitsst rkungsgesetz (BFSG)
• Richtlinie (EU) 2019/882, European Accessibility Act
• UN-Behindertenrechtskonventionen (UN-BRK):
• Bundesministerium f r Arbeit und Soziales (BMAS)
• Federal Department of Accessibility
• Verordnung ber die Barrierefreiheitsanforderungen
• Guidelines (BMAS)

Is any information missing, or do you have any questions? Don't hesitate to use the listed points of contact. An inclusive society is a task that concerns all of us!

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