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Who checks accessibility?

Competition Law IT Law E Commerce Online Marketing

On 28 June 2025, the new Accessibility Improvement Act will come into effect without a further transition period. Companies, especially webshop operators, will have to make considerable adjustments depending on their current level of accessibility. This article takes a look at the monitoring of compliance with the regulations by the responsible authorities. A joint market surveillance centre to be established by the federal states by means of a state treaty will be responsible for this.

According to § 20 BFSG, monitoring compliance with the requirements of the BFSG is the responsibility of the federal states. However, the federal states have agreed in a state treaty to centralise market surveillance and have decided to create an institution under public law with the name “Market Surveillance Body of the Federal States for the Accessibility of Products and Services“. The aim is to standardise the treatment and enforcement of the BFSG requirements throughout Germany.

A new organisation based in Magdeburg

Article 2 of the state treaty regulates the establishment and operation of the institution. The institution will be based in Magdeburg, so that the details of its operation will be governed by the state laws of Saxony-Anhalt. The institution will be financed by funds from the federal states, but will also be financed by fines, fees and expenses. Lower Saxony, for example, anticipates a resulting financial requirement of 500,00 euros.

According to Art. 3 of the state treaty, the central market surveillance centre will take on the following tasks:

  • Preparation of a market surveillance strategy in accordance with Art. 20 Para. 2 BFSG;
  • central point of contact for the central liaison body in accordance with Section 27 BFSG;
  • Informing the public and affected companies about the applicability and implementation of the BFSG;
  • Coordination ofmarket surveillance measures for products and services and
  • Reporting to the EU Commission in accordance with Section 36 BFSG.

Committees of the organisation

The establishment will have an Administrative Board made up of representatives of the federal states. The Administrative Board will decide on the fundamental matters of the organisation, such as its statutes, business plan and appointments to the Executive Board. The Executive Board of the Market Surveillance Authority, which has yet to be appointed, will be responsible for operational business. This is appointed for 6 years and can be reappointed. The employees of the organisation will be state civil servants.

Different authorities for the private and public sectors

Supervision for the public sector and the private sector will thus diverge. The federal states have each created market surveillance authorities to monitor the accessibility requirements of the BGG. These authorities will continue to fulfil their tasks, for example for monitoring public sector websites.

Status of ratification

The treaty still has to be ratified in the federal states. The current status (17 February 2025) of ratification is as follows:

Until the market surveillance body is established, the federal states will remain formally responsible. However, it is to be expected that the ratification will take place in good time and that the newly established body will be able to commence its work quickly.

Scope of inspection by the new authority

The inspection of accessibility standards is carried out by the competent market surveillance authority on a random basis or based on complaints. A distinction is made between a formal and a substantive review. In the formal review, the documents submitted, such as the declaration of conformity or evidence of possible disproportionality of the accessibility requirements, are examined in particular. The substantive examination goes beyond this and checks whether the product or service can actually be used without barriers, i.e. whether the requirements of the BSFG have been implemented in practice.

Sanction mechanism and fines

The BFSG provides for a graduated remedial procedure to penalise violations of the accessibility requirements. In the event of non-conformity, a request is made to establish conformity. If the economic operator does not comply with this request, fines of up to 100,000 euros can be imposed. In serious cases, the provision of the product or service concerned may even be prohibited.