Accessibility Requirement: BFSG & BaFG – this is now applicable
Accessibility is mandatory: BFSG & BaFG since June 2025 – what agencies need to do now
Since June 28, 2025, digital accessibility in Germany and Austria is no longer an optional endeavor but a legal requirement. With the Accessibility Strengthening Act (BFSG) in Germany and the Accessibility Act (BaFG) in Austria, both countries are implementing the European Accessibility Act (EAA) of the EU. For many online shops and digital services, this means: accessibility is no longer optional. For agencies, web designers, and e-commerce service providers, this is a doubly relevant issue. On the one hand, it affects their own projects and their legal security. On the other hand, a concrete demand arises: clients need accessible websites and shops – and are looking for service providers who can deliver them. This article explains the legal situation in Germany and Austria, who the obligations apply to, what WCAG specifically demands, and how to make client projects compliant. It also shows why accessibility is more of an opportunity than a burden.
When the obligation specifically concerns
The central question for practice is: Who needs to act now? Affected are, among others, B2C online shops as well as a whole range of digital services. When consumers can purchase products or certain services through a website or app, the offer generally falls within the scope of application. There is an exception for micro-enterprises, but it is limited and should be approached with caution. In the service sector, companies that employ fewer than 10 employees and simultaneously generate less than 2 million euros in annual revenue are partially exempt. Both conditions must be met. However, this exception does not apply universally to all situations, and it does not exempt one from addressing the issue. Those who rely too quickly on the exception risk misjudgments. Because the consequences are real. In case of violations, there are threats of official measures, fines, and, if in doubt, warnings from competitors or associations. For shop operators, this can not only be financially costly but can also damage trust and reputation. For agencies delivering non-compliant projects, the question of responsibility may also arise. The safe path is clear: consider accessibility from the outset rather than speculating on exceptions.
What WCAG specifically requires
Accessibility sounds vague to many. In reality, it is surprisingly concrete. The WCAG is based on four fundamental principles summarized by the acronym POUR: Perceivable, Operable, Understandable, and Robust. Perceivable means that content is accessible to all senses. This includes sufficient color contrasts, meaningful alternative text for images, subtitles for videos, and a design that does not rely solely on color as a means of conveying information. Operable means that all functions can be used – even without a mouse. Complete keyboard accessibility, visible and logical focus management, and sufficient time for interactions are central to this. People who rely on screen readers or alternative input devices must be able to access every function. Understandable requires clear language, comprehensible navigation, and predictable behavior. Forms must be clearly labeled, and error messages must explain what to do. Robust means that content works reliably with different technologies – from various browsers to assistive technologies. The technical foundation for this is semantically clean HTML: properly marked headings, buttons, form fields, and areas. In practice, this translates into a manageable number of concrete requirements: sufficient contrasts, complete keyboard accessibility, alternative text for images, screen reader compatibility, semantic HTML, and thoughtful focus management. It’s not rocket science – but details that must be consistently implemented throughout the entire project.
Where Germany and Austria differ
The basic logic is the same in both countries because it is based on common EU law. The differences mainly lie in the national implementation laws and their terminology. While Germany regulates the right of withdrawal and the information obligations in the BGB and EGBGB, Austria consolidates central consumer protection requirements in the FAGG, KSchG, and ECG. Regarding the information obligations in the imprint, the Austrian regulations, due to the combination of ECG, Trade Regulation Act, and Media Act, partly go beyond the German requirements. For agencies that implement shops for both markets, this means: A shop that is legally compliant for Germany is not automatically fully compliant for Austria, and vice versa. Those serving both countries must take the respective national peculiarities into account – especially with regard to legal texts, imprint information, and packaging and registration obligations. Since the legal texts differ linguistically and in content, they should be created specifically for each country and regularly updated.
How agencies make client projects compliant
Optimize your online presence with Smarda. Our AI technology helps you create effective and engaging content that appeals to both search engines and your target audience. Discover proven SEO copywriting strategies and increase your visibility online.
Accessibility as an Opportunity Rather Than a Burden
Those who see accessibility merely as a bothersome obligation overlook its potential. First the obvious point: In Germany and Austria, millions of people live with permanent or situational impairments. An accessible shop opens up this target group, which would otherwise simply be excluded - a relevant market that many competitors still ignore.
Moreover, accessibility contributes to goals that are already on every agenda. Clear structure, good contrasts, understandable navigation, and quickly and clearly marked pages enhance user-friendliness for everyone. They have a positive impact on SEO because search engines prefer structured, semantically clean content. And they make offerings future-proof for a world where AI agents increasingly read and evaluate content machine-wise.
This creates a concrete business model for agencies. The new legal situation generates demand: clients need support in implementation. Those who master accessibility securely and can offer it credibly distinguish themselves from the competition and gain trust. Thus, an obligation becomes an offering - and regulatory pressure becomes a selling point.
This is exactly where smarda comes in. The all-in-one website and shop system is built natively accessible and – as the first and so far only website and shop system – certified by TÜV Trust IT according to WCAG 2.2 AA. This means: The central requirements for contrast, keyboard operation, semantic HTML, and focus management are already embedded in the system, rather than being retrofitted with great effort. Automatic AI-generated alt texts ensure that images are provided with meaningful descriptions without additional effort. Because smarda operates without plugins and unites all functions – website, shop, blog, forms, SEO, automated data protection, payments, and more – in a natively developed, cloud-based system, the typical plugin jungle that makes accessibility so difficult to manage is eliminated. Agencies thus receive a robust foundation to implement client projects in a legally secure and efficient manner. Instead of having to secure the technical basis anew for each project, you can focus on design, content, and consulting – and credibly assure your clients of compliance.
This is exactly where smarda comes in. The all-in-one website and shop system is built natively accessible and – as the first and so far only website and shop system – certified by TÜV Trust IT according to WCAG 2.2 AA. This means: The central requirements for contrast, keyboard operation, semantic HTML, and focus management are already embedded in the system, rather than being retrofitted with great effort. Automatic AI-generated alt texts ensure that images are provided with meaningful descriptions without additional effort. Because smarda operates without plugins and unites all functions – website, shop, blog, forms, SEO, automated data protection, payments, and more – in a natively developed, cloud-based system, the typical plugin jungle that makes accessibility so difficult to manage is eliminated. Agencies thus receive a robust foundation to implement client projects in a legally secure and efficient manner. Instead of having to secure the technical basis anew for each project, you can focus on design, content, and consulting – and credibly assure your clients of compliance.
