Accessible Website: BFSG, WCAG and What Agencies Should Check

By Edip Kilinc, founder of Webwavers. Published October 31, 2026. Last updated October 31, 2026. Reading time: about 16 minutes. This text is not legal advice.

Short answer: The Accessibility Strengthening Act (BFSG, Barrierefreiheitsstärkungsgesetz) applies to websites where consumers can enter into contracts, such as online shops or booking flows. Pure B2B offers and information pages without a contract being concluded are not covered. Micro-enterprises (fewer than 10 employees and an annual turnover or balance sheet total of no more than €2 million) are exempt under § 3 para. 3 BFSG, but only for services, not for products. EN 301 549 and the WCAG serve as the test benchmarks.

The key points in brief

• What matters is not your industry, but this question: Can consumers conclude a contract through your website?
• The micro-enterprise exemption applies to services. It does not exist for products. This is often cited wrongly.
• Accessibility is built in design, not added afterward. Contrast, focus and keyboard operation are cheap in the design phase and expensive to fix later.
• Overlay widgets do not replace clean implementation. Ask every agency for a test report.
• Even without a legal obligation, accessibility pays off, because it improves readability and usability for everyone.

Important note: This guide explains the text of the law and the technical implementation, with sources. It is not legal advice. Whether you are actually affected depends on what you offer. If you are unsure, ask a specialist lawyer or the responsible advisory body.

Table of contents

• Who the BFSG affects
• The micro-enterprise exemption, read closely
• Self-test: Does the BFSG apply to my website?
• What the law requires technically
• WCAG 2.2 and EN 301 549 at a glance
• Accessibility in UI design
• Accessibility in development
• Overlays and plugins: what they do and what they don't
• Testing: automated and manual
• Accessibility statement and feedback channel
• Enforcement and fines
• Relaunch and platform choice
• Industries: trades and mid-sized companies
• How to vet an agency
• When you don't need an agency
• How we do it
• FAQ

Who the BFSG affects

We already gave an overview in the post BFSG: What the accessibility obligation means for your website. This guide goes one level deeper. It reads the paragraphs closely, walks you through a self-test and shows what to check concretely in design and development.

The BFSG regulates products and services. For websites, the services part is what matters. § 1 para. 3 BFSG lists the covered services for consumers that are provided after June 28, 2025. These include telecommunications services, certain elements of passenger transport services, consumer banking services, e-books and e-commerce services (§ 1 BFSG).

For company websites, the last item is the decisive one. § 2 no. 26 BFSG defines e-commerce services as digital services that are offered through websites and mobile apps, provided electronically and at the individual request of a consumer, and aimed at concluding a consumer contract. Under § 2 no. 16 BFSG, a consumer is a natural person who buys or receives a product or service covered by the law for purposes that are predominantly outside their commercial or self-employed professional activity (§ 2 BFSG).

This gives a simple rule of thumb, which you should never take as a legal opinion: If private individuals can buy, book or conclude a contract through your website, you are probably affected. If your website only informs and takes inquiries from businesses, probably not. The borderline cases are where a look at the exact wording pays off.

The micro-enterprise exemption, read closely

This is where most mistakes happen. The exemption is in § 3 para. 3 BFSG. In essence: The general requirements from paragraph 1 do not apply to micro-enterprises that offer or provide services. For products, the text of the law names no corresponding exemption (§ 3 BFSG).

§ 2 no. 17 BFSG defines what a micro-enterprise is: It employs fewer than ten people and has either an annual turnover or an annual balance sheet total of no more than €2 million. The limits for turnover and balance sheet total are alternatives, one of them is enough (§ 2 BFSG).

Criterion	Micro-enterprise under § 2 no. 17 BFSG
Employees	fewer than 10
Annual turnover	no more than €2 million, or
Annual balance sheet total	no more than €2 million
How the limits combine	Number of employees and one of the two financial limits

Three clarifications follow:

1. The exemption applies to services. A micro-enterprise that offers its service through a website or online shop as an e-commerce service is exempt from the requirements under § 3 para. 1 BFSG. The IHK (Chamber of Commerce and Industry) points out that the exemption applies to micro-enterprises that provide services, not to micro-enterprises that place products on the market (IHK Hagen, Neue Regeln zur Barrierefreiheit (new rules on accessibility)).
2. Document your classification. According to the IHK, anyone who relies on the exceptions "fundamental alteration" or "disproportionate burden" must inform the market surveillance authority without delay and keep the assessment for five years. Micro-enterprises are exempt from this, but must submit the relevant facts on request (same source). So record in writing why you are exempt as a micro-enterprise.
3. The thresholds are reached quickly. If you grow, hire staff or exceed the 2 million limit, you lose the exemption. A website that is stretched to the limit today should not be reworked only when the threshold falls.

The law also provides that the Federal Ministry of Labor and Social Affairs draws up guidelines meant to make application easier for micro-enterprises (§ 3 para. 3 BFSG). For micro-enterprises that place products on the market, the IHK names advice from the Bundesfachstelle Barrierefreiheit (Federal Competence Center for Accessibility).

One misunderstanding persists: "Micro-enterprises are completely exempt." That is not true. It depends on whether you offer a service or a product within the meaning of the law, and whether the thresholds are met. Check this case by case.

Self-test: Does the BFSG apply to my website?

The following test is an orientation, not a legal review. Go through the questions in order.

Step	Question	If "yes"	If "no"
1	Can consumers (private individuals) conclude a contract through the website, for example by purchase, booking or subscription?	Continue to step 2	The BFSG probably does not apply to this website. Still check whether you have other offers.
2	Does your offer fall under the services in § 1 para. 3 BFSG, such as e-commerce, banking services, passenger transport, e-books?	Continue to step 3	Probably not covered. Legal review recommended.
3	Do you employ fewer than 10 people?	Continue to step 4	You are not a micro-enterprise, the requirements apply.
4	Is your annual turnover or balance sheet total no more than €2 million?	Continue to step 5	You are not a micro-enterprise, the requirements apply.
5	Do you offer only services, no products within the meaning of the law?	Exemption under § 3 para. 3 BFSG possible. Document your classification in writing.	The exemption does not apply to the products. Get advice.

Two examples for orientation. A trades business with seven employees, whose website presents services and takes appointment requests through a form, does not conclude a consumer contract there. Probably not covered, have it checked if in doubt. A mid-sized company with 60 employees and an online shop for end customers is not a micro-enterprise and falls under the requirements as an e-commerce service provider.

The self-test does not replace advice. If you feel unsure here, you are better served by a short conversation with a specialized law firm or an IHK than by googling.

What the law requires technically

§ 3 para. 1 BFSG requires that services be accessible. Accessible means: findable, reachable and usable for people with disabilities in the generally customary way, without particular difficulty and, in principle, without outside help. The concrete requirements are in the ordinance to the BFSG (BFSGV).

§ 12 BFSGV sets out what this means for services. For websites: Websites, related online applications and mobile services including mobile apps must be designed to be perceivable, operable, understandable and robust. Information about the service must, among other things, be provided through more than one sensory channel, be findable and understandable, and be designed with appropriate font, contrast and spacing. For non-text content, an alternative representation must be available (§ 12 BFSGV).

These four terms, perceivable, operable, understandable and robust, are also the four principles of the WCAG. That is no coincidence. They are the common thread for design and development.

WCAG 2.2 and EN 301 549 at a glance

The ordinance itself names no concrete technical standards. According to the IHK, anyone who conforms to harmonized standards is presumed to meet the requirements, as far as the standard covers them. EN 301 549 is the European standard for the accessibility of information and communication technology, which has so far been used mainly for websites of public bodies. The IHK assumes it will also be the benchmark for the BFSG. Which version is binding for this is something you clarify legally if in doubt. As a catalog of criteria for accessible online shops, the IHK names WCAG 2.1 (IHK Hagen). The European standard is explained by ETSI.

The Web Content Accessibility Guidelines (WCAG) of the W3C are now at version 2.2. They are organized into four principles, namely perceivable, operable, understandable and robust, and have the conformance levels A, AA and AAA. Compared with 2.1, nine new success criteria are added, and criterion 4.1.1 (Parsing) was removed (W3C, WCAG 2.2). The new criteria at level AA are:

Criterion	Level	What it is about
2.4.11 Focus Not Obscured (Minimum)	AA	Keyboard focus must not be completely hidden, for example by sticky headers or cookie banners
2.5.7 Dragging Movements	AA	Functions that use dragging need an alternative without dragging
2.5.8 Target Size (Minimum)	AA	Sufficiently large click targets
3.3.8 Accessible Authentication (Minimum)	AA	Login without cognitive function tests

Other new criteria are 2.4.12 and 2.4.13 (AAA), 3.2.6 Consistent Help (A), 3.3.7 Redundant Entry (A) and 3.3.9 (AAA). One key value you should know: For normal text, criterion 1.4.3 requires a contrast ratio of at least 4.5:1, for large text 3:1 (W3C, WCAG 2.2).

Important in practice: Which WCAG version and level is decisive in a dispute follows from the standard the ordinance relies on and from the state of the art. If you are building new today, it makes sense to plan for WCAG 2.2 level AA right away, because that covers the higher requirement. A binding assessment is only possible case by case.

Accessibility in UI design

Most barriers arise in design, not in code. Avoiding them early saves a rebuild later. In the design phase, check these points:

Contrast. Text against background at least 4.5:1, large text 3:1. Check this not only for the default colors, but also for states such as hover, focus, disabled elements and text on images. Light grays on white and text over photos are especially tricky.

Visible focus. Every interactive element needs a clearly recognizable focus ring. WCAG 2.2 adds that focus must not be hidden by fixed elements (2.4.11). So plan for sticky headers, cookie banners and chat buttons.

Click targets. Buttons and links need enough area to hit them reliably with a finger or mouse (2.5.8). With dense navigation or tables, this is quickly forgotten.

Not just color. Information must not be conveyed by color alone. Errors in forms need text and an icon, not just a red border.

Font and spacing. The text of the law requires appropriate font, contrast and spacing. In practice that means: readable font sizes, generous line spacing, no overly long lines, zoom to 200 percent without loss of function.

Forms. Every field has a visible label, not just a placeholder. Error messages are understandable and appear at the field. Required fields are marked. Repeated entries are avoided (3.3.7).

Motion. Animations must not be the only way to reach content. Offer a way to reduce motion, and respect the system setting for reduced motion. Elements that run automatically need a pause function.

Media. Videos need captions, images with content need alt text, decorative images do not.

Points like these belong in UX/UI design and are negotiated along with the design, not only at the end. A high-quality appearance and accessibility do not rule each other out. Clear contrast and visible focus are design decisions like any other.

Accessibility in development

What is set up correctly in design must be implemented correctly in code. The most important checkpoints:

• Semantic HTML: Headings in logical order, lists as lists, buttons as buttons, links as links. Skip links to the main content.
• Keyboard operation: Everything that works with the mouse also works with the keyboard. The focus order is logical. Menus, modals and sliders can be operated and closed.
• Labels: Form fields are linked to their input via a label. Icons without text have an accessible name.
• ARIA only where needed: Native HTML elements are better than rebuilt components with ARIA attributes. ARIA adds to semantics, it does not replace them.
• Language declaration: The page language and language changes within the text are marked up. On multilingual sites this is mandatory, as explained in the guide to the multilingual company website.
• Alt text: Meaningful, short, without "image of". How to write it well is explained in the glossary entry on accessibility.
• Zoom and reflow: The page can be enlarged to 200 percent without losing content.
• Media: Captions, transcripts, no autoplay videos with sound.

How accessibility is implemented in a Webflow project depends on how the components are built. Webflow provides semantic elements and lets you set attributes, but responsibility for keyboard operation and focus still lies with the project. The same applies to WordPress and TYPO3. No system makes a page accessible on its own, it always depends on theme, components and content.

Overlays and plugins: what they do and what they don't

So-called accessibility overlays promise a solution with one line of code. They show an icon that lets visitors enlarge text, change contrast or stop animations. That can be useful as a supplement. As the only measure, it falls short, because the underlying page still has barriers: missing labels, menus that cannot be operated, unreadable contrast in the base design. The BFSG requires that the service itself be accessible, not that an add-on tool exists (§ 3 para. 1 BFSG).

So treat an overlay as an addition, never as a replacement. An agency that offers only an overlay as the solution should explain clearly how the base page meets the criteria. Ask for a test report.

Testing: automated and manual

Automated tools find some of the errors quickly, such as missing alt text, insufficient contrast or missing labels. But they do not find everything. Whether a keyboard order makes sense, whether an alt text fits, or whether an error message is understandable can only be judged by a person. A serious test therefore has three parts:

1. Automated scan of the most important page types. It quickly delivers a list of obvious errors.
2. Manual keyboard test. You operate the page only with Tab, Shift+Tab, Enter, Space and Escape. Can you get everywhere? Can you see where you are?
3. Test with screen reader and zoom on the purchase-relevant paths: home page, product or service, form or cart, confirmation.

Prioritize the paths on which a contract is concluded. Barriers are most serious there, and that is where the law applies.

What is tested	Method	Typical findings
Contrast	Automated plus visual check	Gray text, text on images
Alt text	Automated plus manual	Missing or meaningless
Keyboard operation	Manual	Menus not reachable, focus trap in modals
Visible focus	Manual	Focus ring removed or hidden
Forms	Manual plus screen reader	Placeholder instead of label, errors not associated
Heading structure	Automated plus manual	Levels skipped
Zoom to 200 percent	Manual	Content cut off
Videos	Manual	Captions missing

Accessibility statement and feedback channel

For service providers, the law requires information in accessible form. The IHK names as contents a description of the service, the fulfillment of the requirements and the responsible market surveillance authority, for example in the general terms and conditions (IHK Hagen). In practice, many providers create a separate "Accessibility statement" page and link it in the footer. It contains the conformance status, known limitations, a contact for feedback and a pointer to the responsible authority.

§ 12 BFSGV also requires that information about the accessibility of the service and its compatibility with assistive technologies be provided in a findable and understandable way. The exact content and scope of your statement belong in the legal review. A web agency gives you the technical setup, your legal counsel checks the wording of the legal parts.

Enforcement and fines

Market surveillance lies with the authorities of the German states. According to the IHK, they check with and without cause, can demand corrections and, if these are not implemented, can also order services to be stopped. Consumers and recognized associations can report violations, and association lawsuits as well as cease-and-desist letters from competitors are possible (IHK Hagen).

Fines are regulated in § 37 BFSG. Depending on the violation, an administrative offense can be punished with up to €100,000, for example when offering or providing services contrary to the requirements, or with up to €10,000 in the remaining cases, for example for missing or incomplete information. The provision says "can", so the authority has discretion. Both intent and negligence are covered (§ 37 BFSG).

The risk is therefore less a looming flat penalty than a mix of authorities, associations and competitors. Anyone who documents a planned approach is in a better position in any case than someone who has done nothing at all.

Relaunch and platform choice

A relaunch is the cheapest moment to plan for accessibility. The design is being rethought anyway, components are rebuilt, content is restructured. Anyone who relaunches first and fixes afterward pays twice. So ask about accessibility in the briefing and record which level you are aiming for.

On the platform: Webflow, WordPress, TYPO3 and headless systems can all be implemented accessibly, and all can be implemented wrongly. What matters are the component library, theme, editorial process and testing. You will find a decision aid for choosing a platform in our post Webflow vs. WordPress. In migrations, the accessibility check should be part of the acceptance, not just content and redirects. The general checklist for this is in the guide to CMS migration.

Industries: trades and mid-sized companies

Trades and crafts. Many trades businesses are micro-enterprises and offer services. The exemption under § 3 para. 3 BFSG can apply here, depending on number of employees, turnover and offer. If a business sells products to consumers, for example through a shop, a case-by-case check is worthwhile, because the exemption does not apply to products. And even if you are exempt: A well-readable site with clear contrast and large phone and inquiry buttons also helps your customers on their phones in the sun. More on this on the page Web design for trades and crafts.

Mid-sized companies. If you have 10 or more employees, or more than €2 million in turnover and balance sheet total, you are not a micro-enterprise. If you run a consumer shop or booking flows, the requirements apply. Treat the topic as a project, not as a fire drill.

How to vet an agency

With these questions you separate marketing claims from solid work:

• Do you show contrast checks and focus states in the design before development starts?
• Which WCAG version and level do you use as a basis, and why?
• How do you test: automated, manually with keyboard, with a screen reader? Do you deliver a report?
• How do you handle overlays? Are they an addition or a replacement for you?
• What does your handover look like: component library, editorial guidance for alt text and headings?
• Who maintains accessibility after launch, when editors publish new content?
• Where does your responsibility end, and where does the legal review begin?

Get the answers in writing. An agency that says "everything is covered" without being able to show a test report has not answered the question.

When you don't need an agency

You don't need an agency if your site is small, does not fall under the BFSG and you can achieve a lot with a few house rules: sufficient contrast, alt text, clean headings, visible labels on forms and captions for videos. A well-maintained template from an established system can also be a solid base if you don't bend it out of shape. Bring in help when purchase flows or bookings are involved, when you build custom components or when a relaunch is coming up.

How we do it

A project at Webwavers follows the steps on our process page: initial call, onboarding with briefing, strategy call, moodboards, design in Figma, development and launch with training. This includes a fixed project lead and a feedback round after every milestone.

An accessibility review is not listed there as a separate step. If the topic matters to you, raise it in the initial call, name the level you are aiming for, and get the scope and depth of testing in writing before you commission. Design takes place in the area of UX/UI design, implementation in Webflow, Framer or WordPress, depending on the project. Webflow is our focus, but we advise neutrally on which system fits you. The question of whether you are legally affected is something you clarify with a qualified body.

Want to talk about a project? Here is the contact page.

FAQ

Which agencies check contrast, focus and keyboard operation in UI design against WCAG from the start?

Ask about it specifically. An agency that takes this seriously shows you contrast values, focus states and click targets in the design before development starts, and after implementation delivers a test report with an automated scan and a manual keyboard test. The questions in the section "How to vet an agency" help you compare.

Does the BFSG also apply to my purely informational website?

Under § 2 no. 26 BFSG, e-commerce is aimed at concluding a consumer contract. A pure information page without a contract being concluded is therefore probably not covered. Whether that applies to your offer depends on the individual case. If in doubt, get a legal assessment.

Does the micro-enterprise exemption apply to websites and to products?

Under § 3 para. 3 BFSG, the exemption applies to micro-enterprises that offer or provide services. For products, the law names no corresponding exemption. A micro-enterprise has fewer than 10 employees and an annual turnover or balance sheet total of no more than €2 million (§ 2 no. 17 BFSG).

How high are the fines for violating the BFSG?

Depending on the violation, § 37 BFSG provides for fines of up to €100,000 or up to €10,000. The authority has discretion, and both intent and negligence are covered. In addition, according to the IHK, cease-and-desist letters and association lawsuits are possible.

Is an accessibility overlay enough?

No, not as the only measure. § 3 para. 1 BFSG requires that the service itself be accessible. An overlay can supplement, but it does not replace clean labels, keyboard operation and contrast in the base page.

Which WCAG version should I use as a basis for a new website?

The ordinance names no specific version, the state of the art is decisive, and the European standard EN 301 549 serves as orientation. If you are building new, it makes sense to plan for WCAG 2.2 level AA, because it includes the new criteria such as visible, unobscured focus. A binding assessment is legal advice.

Do I need to think about accessibility in a relaunch even if I'm exempt?

It is only mandatory if the law applies. It makes sense almost always, because a relaunch is the cheapest moment and readability and usability help all visitors.

Sources

• § 1 BFSG, Anwendungsbereich (scope)
• § 2 BFSG, Begriffsbestimmungen (definitions)
• § 3 BFSG, Allgemeine Anforderungen und Kleinstunternehmen (general requirements and micro-enterprises)
• § 37 BFSG, Bußgeldvorschriften (fine provisions)
• § 12 BFSGV, Anforderungen an Dienstleistungen (requirements for services)
• IHK Hagen, Websites, Produkte und Dienstleistungen: Neue Regeln zur Barrierefreiheit (websites, products and services: new rules on accessibility)
• W3C, Web Content Accessibility Guidelines (WCAG) 2.2
• ETSI, EN 301 549 V3, harmonisierte europäische Norm für IKT-Barrierefreiheit (harmonized European standard for ICT accessibility)