Accessibility in e-commerce: new obligations for online shop operators starting from June 2025

On 28 June 2025, the Accessibility Improvement Act, the “Act” (Barrierefreiheitsstärkungsgesetz ‒ BFSG) will come into force, implementing EU requirements for accessibility in the digital space. The legislation has far-reaching implications for operators of online shops and other e-commerce service providers. In their latest article, Tom Billing and Fernanda Bremenkamp take a closer look at the new requirements and offer practical insights into the implementation of the provisions.

Why accessibility?

The focus of the Act is on giving people with disabilities better access to the online realm. It aims to break down barriers in order to promote a more inclusive society. Companies that do not implement these requirements not only risk legal consequences, but also miss the opportunity to reach a larger target group.

Who is affected?

In principle, all private market players offering digital products or certain services to consumers fall within the scope of the Act. The only exceptions are micro-enterprises with fewer than ten employees and an annual turnover or balance sheet total of no more than two million euros. At the services level, the legislation explicitly covers consumer banking services, telecommunications services, passenger transport services, e-books and related software. The scope of application also extends to e-commerce services, particularly operators of online shops and online brokerage platforms.

Duties and requirements

The core of the new regulations lies in the comprehensive accessibility requirements that apply to both the content and format of information and service provision (including the design of the accessibility statement). Companies must ensure that their digital offerings are accessible: they must be usable by people with disabilities in a standard way, without undue difficulty, and generally without external assistance. For websites, this includes measures such as providing alternatives for visual content to enable access for blind users and creating interfaces compatible with assistive technologies. These requirements also extend to accompanying services, including payment and security functions.

Technical standards

The practical implementation of these requirements can be based on the harmonised European standard EN 301 549, which provides a detailed technical framework for the accessibility of information and communication technologies. Compliance with these requirements establishes a presumption of conformity with the accessibility standards outlined in section 4 of the Act. The Web Content Accessibility Guidelines (WCAG), referenced by EN 301 549, outline a set of success criteria for ensuring the accessibility of websites and serve as a key resource for web content. The standard is currently being revised and an updated version is expected to be published in 2025.

Outlook

Accessible offerings not only enhance the user experience for people with disabilities, but also benefit older users and others who appreciate a user-friendly design.

To comply with the new requirements, a thorough review of accessibility standards is essential, and the effort required for technical implementation should not be underestimated. Non-compliance can lead to penalties ranging from requests for rectification to fines of up to EUR 100,000 per infringement.

Tom Billing and Fernanda Bremenkamp are available to provide expert advice and answer specific implementation questions, drawing on their extensive experience in digital business. You can also find a detailed discussion of these issues in the current issue of the legal journal “Zeitschrift für Vertriebsrecht”, issue 1 2015, at pp. 9-15 (German language only). For a general overview of the Act, please refer to the article by our colleagues Arun Kapoor and Thomas Klindt in the legal journal “NJW” 2024, at p. 3545.