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Accessibility reinforcement act (BFSG) explained: The accessibility regulations easy to understand

written by Tina

 

Digital accessibility will be mandatory by 2025. But what does this mean for companies? What regulations do they need to prepare for? And above all, how can warnings and fines be avoided? In our blog article, we have summarized the most important changes regarding accessibility for app and website providers. 

The BFSG: To support digital inclusion 

In July 2021, the german act for accessibility reinforcement (BFSG) was signed into law. It is a significant progress towards increasing accessibility, including in the digital environment. The law will become mandatory from June 28, 2025. Companies must ensure that their IT systems comply with the legal requirements. We have summarized the four most important facts about the law.

 

Fact 1: What is the Accessibility reinforcement act (BFSG)? 

The BFSG was introduced with the aim of improving the inclusion of people with disabilities, impairments and older people in society. It defines specific accessibility requirements for digital services and products to ensure that they are accessible to all users.  

 

Fact 2: Which areas does the law apply to?

Grafic Products and Services

Fact 3: What requirements will companies have to comply with in the future?  

The key regulations of the BFSG define the following duties of the producer: 

a. Design and production:

Products must be designed and produced in accordance with the accessibility requirements of the relevant legal regulation. 
The user interface, including the navigation and control elements, must be accessible. 
Products must be easy to find, accessible and usable without any particular difficulty and, in principle, without the help of others. 

What does this mean in practice? 

Online platforms must be designed in accordance with the Web Content Accessibility Guidelines (WCAG) so that the application is accessible to people with various disabilities.  

E.g.: use of alternative text for images, clear & easy-to-understand content, implementation of keyboard accessibility.  

 

b. Compliance assessment process:

Before market launch, a compliance assessment process must be carried out to ensure that it complies with the relevant accessibility requirements.  

What does this mean in practice? 

A comprehensive review of accessibility and usability for people with motor, visual or auditory disabilities. This includes testing for compliance with accessibility standards, including testing for keyboard accessibility and alternative text for images.  

 

c. EU declaration of conformity and CE marking:

The manufacturer must draw up an EU declaration of conformity. The CE marking in accordance with § 19 must be attached to the product to verify conformity with the relevant accessibility requirements. 

What does this mean in practice? 

Manufacturers must carry out a detailed check prior to market launch to ensure that the products are designed to be accessible.  

This forms the basis for implementation: 

Legal ordinance: BFSGV  
Technical requirements: DIN EN 301 549 

 

Fact 4: What are the consequences of violations or non-compliance with accessibility requirements? 

Violations can result in fines of up to 100,000 euros (§ 37 BFSG contains a list of violations and fines). In addition, the authorities have the right to forbid products or services and order product recalls.  

If non-compliance with the accessibility requirements is suspected, immediate corrective measures must be taken. If conformity is not possible, the product must be recalled. The manufacturer must inform the market monitoring authorities of non-conformities and provide detailed information. The technical documentation and the EU Declaration of Conformity must be kept in written or electronic form for 5 years. 

 

Fact 5: How do I prepare my app or website for the new requirements? 

Using QA helps you to identify and fix accessibility weaknesses in your product. There are 4 basic testing methods to measure the level of accessibility: 


Manual testing: 

Human testers check the application by interacting with the user interface to ensure that it is accessible for people with disabilities.  

Automated tests: 

Automated tests use special software and scripts to automatically check various aspects of accessibility, such as semantic structures in HTML and CSS code, color contrasts and compliance with standards such as the WCAG guidelines.  

 

User tests: 

Here, test persons with disabilities are involved in order to evaluate the actual usability first-hand. The users carry out typical tasks while the test leaders collect and rate direct feedback.  

 

Expert evaluation:  

Experienced professionals analyze the application for potential barriers based on their expertise and experience. 

 

FAQ - Frequently asked questions about BFSG 

Do I have to adapt my existing product/service to the requirements of the BFSG? 

Yes, if you already offer products or services, you must ensure that they comply with accessibility requirements. 

 

Are there any exceptions to the accessibility reinforcement act (BFSG)? 

Micro-enterprises (fewer than 10 employees and a maximum annual turnover of EUR 2 million) are exempt from the new accessibility regulations if they only offer services. However, they are not considered exempt if they offer digital products and services or financial transactions.  

Further exemptions apply if the directives would mean a fundamental change to the product or service or if the implementation of the BFSG represents a major disadvantage for the economic operator. 

 

What criteria are checked as part of accessibility tests?   

The assessment of accessibility is based on four basic principles:  

Accessibility English

  • Perceivable
    This involves checking whether the digital content and services for people with different disabilities are presented in a way that supports their perception and allows them equal access.

    E.g.: alternatives for non-text content, subtitles, transcriptions, descriptions 
  • Operable
    The applications must be accessible to all users, regardless of their individual abilities or disabilities. The product must also be operable via interfaces

    Example: Application without mouse, keyboard operability for people with motor impairments  
  • Understandable
    This applies to the content. Texts should be easy to understand so that people with learning disabilities, for example, can follow the content. 

    E.g.: Input aids, instructions and labels that make it easier for users to understand 
  • Robust
    Robustness is tested to ensure that all applications are consistent and resistant to errors and malfunctions, as well as compatible with different platforms and devices.

    For example: additions of status messages, complete start and end tags and the exact coding of content created with markup language. 

Whitepaper_2023-01-iPadProMockup_1000px

 

 

Want to find out more about accessibility?

* only german version

 

 

Can accessibility tests also be integrated into the development process? 

Yes, this is even recommended in order to prevent the end product from violating legal regulations. 

To do this, you can follow these tips: 

  • early planning 
  • Train developers in accessibility standards 
  • Integrate automated tests into the CI/CD pipeline 
  • Regular checks in code reviews 
  • Include users with disabilities in the development process  

 

A lot of information and you don't know where to start? Our experts will be happy to advise you on further questions about accessibility and support you in implementing the legal requirements.  Use our free accessibility quick check in advance and check your URL for violations of the WCAG 2.1 guidelines. 

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