Accessibility Statement under the BFSG: Required Information and a Template

Businesses covered by the German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) do not have to publish an "accessibility statement" modelled on the one public authorities use. What they need is accessibility information as set out in Annex 3 BFSG. It contains four mandatory items: a general description of your service, explanations of how the service is carried out, a description of how it meets the accessibility requirements, and the competent market surveillance authority. The information belongs in your terms and conditions or in another clearly visible place, which in practice usually means a separate page linked in the footer.

In German, the whole thing is still almost always called a "Barrierefreiheitserklärung", an accessibility statement. That is not a problem as long as the right information is in it. This is exactly where things often go wrong, because most templates on the web come from the public sector.

The BFSG is the German law implementing the European Accessibility Act. Everything below refers to the rules in Germany; other EU countries have their own implementing laws. This article explains the legal situation from a web developer's point of view and is not legal advice.

Statement or information: two duties that are often confused

Public bodies in Germany have published an "accessibility statement" (Erklärung zur Barrierefreiheit) for years. It is based on section 12b of the Disability Equality Act (Behindertengleichstellungsgesetz, BGG) and section 7 of the Barrier-Free Information Technology Ordinance (BITV 2.0). This statement must be reachable from every page of the website, offer a feedback mechanism and contain the mandatory content of the EU model accessibility statement.

Different rules apply to businesses. In section 14, the BFSG requires the "information according to Annex 3", and the market surveillance authority of the German federal states explicitly warns about the risk of confusion on its page for businesses: the accessibility information is not to be equated with the accessibility statement that applies to public bodies.

For you, this means: if you copy a public-sector template, you write more than necessary in some places, and one item is still missing. Templates for public bodies do not include the market surveillance authority. For businesses it is mandatory.

Who has to publish the information

Since 28 June 2025, the BFSG has applied to certain services provided to consumers. For websites, one group matters most: "services in electronic commerce". These are services provided electronically via a website or app, at the individual request of a consumer, with a view to concluding a consumer contract. In practice, that means above all online shops and booking flows in which consumers enter into a contract.

Three cases are usually not covered:

• Pure B2B offers. The law consistently refers to services for consumers.
• Information websites where people can only contact you. In its practical guidance on the accessibility of websites, the German Confederation of Skilled Crafts (Zentralverband des Deutschen Handwerks) states that general contact details, contact forms or chatbots are usually not considered a service in electronic commerce, as long as no other B2C e-commerce is offered.
• Micro-enterprises that provide services. Under section 2 no. 17 BFSG, these are businesses with fewer than ten employees and an annual turnover or annual balance sheet total of no more than 2 million euros.

The micro-enterprise exemption deserves a closer look. Section 3(3) BFSG explicitly exempts them from the accessibility requirements in section 3(1). Whether the information duty also falls away is something to clarify with your legal adviser if in doubt. If you rely on micro-enterprise status, the market surveillance authority asks for evidence covering at least the last two financial years. If you are close to the threshold or growing, it is better to prepare the information now.

The four mandatory items under Annex 3 BFSG

Annex 3 BFSG lists the elements that must be included "in any case", in addition to the usual consumer information under Article 246 of the Introductory Act to the German Civil Code (EGBGB). For an online shop, they mean the following.

1. A general description of the service in an accessible format

Two or three sentences on what you offer and how customers use it: "We sell spare parts for coffee machines through our online shop. You can search for products, add them to your cart, create a customer account and pay by PayPal, credit card or invoice." Accessible format here means normal HTML text on a page, clearly structured. A scanned PDF does not meet this requirement.

2. Explanations of how the service is carried out

Everything people need to know to complete a purchase: how ordering works, which steps the checkout has, how customers can reach you if there are problems and how returns work. Much of this is already in your terms and conditions and your shipping information, so a clear summary with links is enough here.

3. How the service meets the accessibility requirements

This is the part where you must not gloss over anything, because you have to be able to back it up. The specific requirements are set out in the ordinance that accompanies the BFSG. In practice, a website is tested against the harmonised European standard EN 301 549, which makes the WCAG 2.1 success criteria at levels A and AA binding for web content. That is how the German federal government's accessibility portal on EN 301 549 describes it.

State here which standard you tested against, when and how (keyboard, screen reader, automated tests), which functions can be used accessibly and where limitations remain. Naming limitations openly is better than claiming conformance that a simple keyboard test would disprove.

That is why, in projects where I make a WordPress website accessible, this section is written last: first I test the site against the WCAG 2.1 AA criteria, then the findings are fixed, and only then is it clear what can honestly go into the information.

4. The competent market surveillance authority

For all of Germany, this is the market surveillance authority of the federal states for the accessibility of products and services (Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen, MLBF AöR), Carl-Miller-Straße 6, 39112 Magdeburg, website mlbf-barrierefrei.de. Public-sector templates do not include this item, so add it yourself.

Template: accessibility information for an online shop

The following template shows the structure. Replace the details in square brackets with your own, and only write section 3 once your shop has been tested. If your shop is in German, write the information in German as well.

Accessibility information according to section 14 and Annex 3 BFSG

Our service. [Company name] sells [product group] to consumers through the online shop [domain]. You can search and filter products, add them to your cart, order with or without a customer account and pay with [payment methods].

How ordering works. [Short description of the steps from the cart to the order confirmation, ways to contact us if there are problems, reference to the shipping and returns information with a link.]

How we meet the accessibility requirements. On [date], the shop was tested against the requirements of EN 301 549, which for web content means against WCAG 2.1 at levels A and AA. We tested [home page, category pages, product pages, cart, checkout, customer account] with the keyboard, [screen reader] and automated tests. [Description of what can be used accessibly, e.g. keyboard operation, text alternatives for product images, sufficient contrast, labelled form fields.] Known limitations: [list with planned fixes, or "none known"].

Competent market surveillance authority. Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen (MLBF AöR), Carl-Miller-Straße 6, 39112 Magdeburg, www.mlbf-barrierefrei.de

Last updated: [date of the last update]

Annex 3 does not require a contact address where customers can report barriers. I still recommend one. Anyone who reports a barrier should reach you before they complain to the authority.

Where the information goes and how to keep it up to date

The law lets you choose between your terms and conditions and another clearly visible place. I recommend a separate page, for example at /accessibility/, linked in the footer next to the legal notice and the privacy policy. In WordPress, that is a normal page that your theme outputs like any other. It is easy to find, reachable by keyboard and can be updated without a detour through a PDF.

And you really do have to keep it up to date. Under section 14(3) BFSG, you must take into account changes to your service, to the requirements and to the underlying standards. A new checkout plugin, a theme change or a relaunch are such changes. You keep the information for as long as you offer the service. The "Last updated" date in the template shows you and the authority when you last checked.

The information does not replace an accessible website. An overlay plugin that switches contrast or font size at the push of a button does not fix missing form labels in the checkout. I have collected the plugins that genuinely help with implementation in Make Your WordPress Site Accessible: BFSG Duty, WCAG and Plugins, and the typical barriers in shops are covered in the article on the German Accessibility Strengthening Act for online shops.

What happens if the information is missing

If the information is missing or incomplete, the law calls this formal non-compliance. The market surveillance authority describes the procedure in its questions and answers on the BFSG: first, you are asked to provide the missing information. If nothing happens, a second request follows with the threat of a ban, after which the authority can prohibit the service until compliance has been demonstrated.

On top of that come fines. Anyone who offers a service in breach of section 14(1) commits an administrative offence under section 37 BFSG, and the fine can be as high as 100,000 euros. Consumers and recognised associations can also complain directly to the market surveillance authority.

So the risk is real, but the effort for the information itself is small if the shop is built properly. If you want to know what you can honestly write in section 3: I test your WordPress or WooCommerce site against the WCAG 2.1 AA criteria, fix the findings and then draft the information with you. More on this on the page about an accessible website under the BFSG.

Frequently asked questions about the accessibility statement

Who needs an accessibility statement?

Public bodies in Germany need an accessibility statement under the BGG and BITV 2.0. Businesses that offer consumers services within the meaning of the BFSG, for example an online shop, need the accessibility information under Annex 3 BFSG. Pure B2B offers and information websites without contract conclusion are usually not covered.

Is there a template for the accessibility statement?

For public bodies there is the EU model accessibility statement. For businesses there is no official template. The structure follows from Annex 3 BFSG: description of the service, explanations of how it is carried out, how it meets the accessibility requirements and the competent market surveillance authority. A template with this structure is included in the article above.

Does a business's accessibility statement need a feedback mechanism?

Not under Annex 3 BFSG, unlike for public bodies. A contact address for reporting barriers is still a good idea, because otherwise customers may complain directly to the market surveillance authority.

Where does the accessibility statement have to be published?

In the terms and conditions or in another clearly visible place, and it must itself be accessible. A separate page linked in the footer has proven itself in practice.

How often do I have to update the information?

Whenever your service, the requirements or the underlying standards change (section 14(3) BFSG). After a relaunch, a theme change or a new checkout, you should review the page and update the date.