⚠️ Note: This article contains information on legal topics and does not constitute legal advice. The content is based on publicly available sources regarding the BFSG and market surveillance. For legally binding statements about your specific situation, please consult a specialist in IT and accessibility law.
BFSG Enforcement: Market Surveillance Is Active — What It Means for Your Website
The German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) has been in force since 28 June 2025. Many companies acknowledged it — and then moved on. Why wouldn’t they? The period after a new law takes effect usually feels like a grace period. Nobody audits, nobody issues warnings, and the topic sinks beneath other priorities. That grace period is now over. Market surveillance authorities have begun their work, and companies that have done nothing are moving from “not compliant” to “demonstrably not compliant.”
This article explains what market surveillance actually means, which sanctions genuinely apply, and why the pragmatic answer — building accessible websites instead of risking fines — is not just legally but economically the smarter choice.
What Is Market Surveillance, Exactly?
Market surveillance means: there are authorities that actively check whether companies comply with applicable regulations. Not just after a complaint, not just after an incident — but through random sampling, risk-based assessments, and increasingly systematic audits.
For the BFSG, these are the market surveillance authorities of Germany’s federal states. In Bavaria, the Market Surveillance Authority of the Federal States for the Accessibility of Products and Services (MLBF) AöR has been fully responsible since 26 September 2025 — a joint body of all federal states established under the BFSG as the central market surveillance authority. Since assuming full responsibility, this authority has had the legal mandate to audit digital products and services for accessibility. The full text of the law is available at gesetze-im-internet.de/bfsg.
The EU established a unified framework through the European Accessibility Act (EAA) — the BFSG is Germany’s implementation. This means: surveillance is not a German solo effort but part of an EU-wide strategy actively driven by the European Commission.
How Does an Audit Work in Practice?
Authorities typically follow a risk-based approach:
- Random inspections in sectors with high public interest (e-commerce, financial services, education)
- Complaint-driven audits — anyone can file a complaint with the relevant authority
- Thematic priority actions — the EU can coordinate cross-border audit waves
- Independent authority audits where websites are automatically scanned against WCAG criteria
The bottom line: even if no customer complains, an authority can audit your website on its own initiative. And the tools for this — automated scanners like axe, Lighthouse, or WAVE — are now reliable enough to consistently detect major violations.
What Sanctions Apply?
The BFSG provides for fines that command attention. The exact amounts depend on the individual case — nature and severity of the violation, company size, and intent all play a role.
What the law provides:
- Fines of up to €100,000 for violations of accessibility requirements
- Distribution bans for non-compliant digital products — the authority can order that a product or service may no longer be offered until deficiencies are remedied
- Repeated violations can result in higher fines and additional measures
The often-overlooked point: It’s not just about fines. A public distribution ban or regulatory order can cause reputational damage that extends well beyond the direct penalty. Companies operating in competitive sectors know how quickly word spreads that “they had to fix their website for accessibility.”
What About Warning Letters?
The warning letter (Abmahnung) situation is complex and currently debated. In principle: the BFSG primarily addresses market surveillance authorities, not individual affected parties. Enforcement occurs primarily through official proceedings.
Whether and to what extent individuals or associations can take direct legal action is a case-specific question under applicable law. What can be said: the direction is clear — accessibility will be enforced more strongly in the coming months and years, not less. Companies that act now avoid the risk of having to react under time pressure.
Who Does This Affect?
The most common misconception about the BFSG is: “This only affects large companies.” That’s not true.
Affected parties include:
- E-commerce websites with online shop functionality
- Banking services and digital financial products
- E-books and digital media
- Telecommunications services
- Passenger transport services with online booking (e.g., taxi ordering)
- Books, newspapers, and magazines in digital form
The micro-enterprise exemption applies to services — under ten employees and under two million euros in annual revenue. But: this exemption does not apply to products, and not to every business model. And even those who are formally exempt benefit from accessibility — through greater reach, better SEO, and a more professional presence.
The reality from practice: Many SMEs offer functionalities on their websites that fall under the BFSG without knowing it — an integrated contact form with booking capability, a customer portal, a download area for digital products. The distinction between “pure information website” and “digital service” is narrower in practice than many believe. More on the fundamentals in our BFSG guide.
What You Should Do Now
1. Check Whether You’re Affected
The quickest assessment: Does your website have interactive functionality — forms, shops, bookings, customer portals, downloads? Then there is at least a need for action.
2. Conduct an Accessibility Audit
An automated scan (Google Lighthouse, axe DevTools) finds the obvious issues: missing alt text, poor contrast, non-operable forms. This covers a portion of issues — a complete audit requires manual testing: keyboard navigation, screen reader compatibility, mobile usability.
3. Document Your Status
Even if you’re not yet fully compliant: document what you’ve already reviewed, which measures are planned, and what timeline you’re following. In the event of an audit, this shows you’re actively working — and that makes a difference.
4. Set Priorities
Not everything needs to be perfect immediately. The most important measures for most websites:
- Alt text for all informative images
- Keyboard navigation through all interactive elements
- Sufficient color contrast (at least 4.5:1 for text)
- Labeled forms with understandable error messages
- Semantic HTML structure (heading hierarchy, landmarks)
These are not week-long projects. Much of it can be implemented in one to two days — if you know what you’re doing.
Why Accessibility Pays Off Multiple Times
Beyond legal requirements, accessibility benefits every company:
- Reach: Millions of people in Germany live with a disability. Millions more are over 65 and benefit from clear structure, larger text, and simple navigation. An accessible website simply reaches more people.
- SEO: Accessibility and search engine optimization share the same fundamentals — semantic HTML, descriptive alt text, clear structure, fast loading times. Improving accessibility almost automatically improves rankings.
- AI Visibility: AI assistants like ChatGPT and Google AI Overviews prefer websites with clear semantic structure. Accessible websites are more machine-readable — and this will become an increasingly relevant competitive factor in the coming years.
- Professional Presence: Accessible websites look better to all visitors — not just those with disabilities. Clear structure, good readability, and intuitive navigation are quality markers that everyone appreciates.
Conclusion: Act Before the Authority Comes
The market surveillance of the BFSG is not a distant threat — it is reality. The authorities have the legal foundation, the tools, and the mandate. The only uncertainty is the pace at which they proceed — and that is accelerating.
The good news: accessibility is not rocket science and not a budget sink. It’s a matter of prioritization and clean implementation. Starting now means avoiding not only fines and distribution bans, but simultaneously building a website that works for more visitors, is found more easily, and looks more professional.
Your Next Step
If you’re unsure whether your website meets BFSG requirements: let’s take a look together. In a brief, no-obligation conversation, we can assess where you stand and determine the most pragmatic next step together. No panic, no upselling — an honest assessment.
Related articles: BFSG Accessibility for Websites | Website Requirements 2026: BFSG + NIS2 | DSGVO Checklist | The Most Common Business Website Mistakes
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