As digital accessibility gains global attention, Germany is setting a high bar with its comprehensive legal framework, like the Disability Equality Act. For businesses operating in or providing services to Germany, compliance with accessibility laws like the Disability Equality Act (BGG Act) and Barrier-Free Information Technology Ordinance (BITV 2.0) is no longer optional.
These regulations ensure equal access to digital platforms for people with disabilities, echoing a broader European movement toward inclusivity—especially with the European Accessibility Act (EAA) coming into effect by 2025.
For a full guide to navigating EAA compliance across Europe, including Germany, visit our guide to the European Accessibility Act.
Below, we break down the essentials of Germany’s Digital Equality Act and how your business can stay ahead of the curve.
1. What is the Disability Equality Act (BGG Act)?
The Disability Equality Act (BGG Act) has been in place since 2002 and functions similarly to non-discrimination laws in other countries. Its goal is straightforward: to eliminate barriers for individuals with disabilities across all aspects of life, including digital services. The BGG Act applies primarily to federal public bodies and institutions funded by the German federal government.
Under the BGG Act, all digital services provided by these organizations must meet accessibility requirements. This includes websites, mobile apps, and other forms of digital communication. While it doesn’t directly mandate private companies to comply, businesses working with federal agencies must ensure their digital properties are accessible.
Germany’s digital accessibility laws align with the broader EAA framework. For more on how other countries like Italy are adapting, check out our blog on Italy’s digital accessibility law
2. Understanding BITV 2.0 and Its Requirements
The Barrier-Free Information Technology Ordinance (BITV 2.0) supports the BGG Act by detailing the technical standards necessary for digital accessibility. Essentially, BITV 2.0 sets out the rules that public sector websites and applications must follow to be considered accessible.
Key features of BITV 2.0 include:
- Adopting the WCAG 2.0 guidelines to ensure content is perceivable, operable, understandable, and robust (POUR principles).
- Covering a broad range of services, including intranets, extranets, mobile apps, and graphical user interfaces.
- Requiring accessibility statements on websites, explaining compliance levels and offering feedback channels for users with disabilities.
Private companies aren’t legally bound by BITV 2.0 but are encouraged to adopt these standards to ensure a wider reach and avoid potential reputational risks.
The EAA’s implementation across Europe is built on compliance standards like EN 301 549. Learn more about these technical requirements in our post on EN 301 549 and its role in accessibility
3. The European Accessibility Act (EAA) and What It Means for You
While the BGG Act and BITV 2.0 focus on public-sector entities, the upcoming European Accessibility Act (EAA) significantly expands the scope. By June 2025, the EAA will require private companies across the European Union to ensure their digital services and products are accessible to people with disabilities.
Who is affected?
The EAA’s broad reach includes:
- E-commerce platforms
- Banking services (including ATMs)
- Transportation ticketing systems
- Digital devices such as smartphones and operating systems
While smaller businesses with fewer than 10 employees or less than two million euros in revenue may be exempt, larger enterprises must align with these standards.
4. Legal and Financial Risks of Non-Compliance
Non-compliance with the BGG Act, BITV 2.0, or the EAA doesn’t just result in reputational damage—it can lead to costly fines and legal challenges. Germany has set up an arbitration service under the BGG Act to handle disputes between users and organizations that fail to meet accessibility requirements. Additionally, with the EAA in force, private companies that ignore these mandates could face exclusion from public procurement and other business opportunities within the EU.
To navigate EAA compliance efficiently, especially for complex markets like Germany, see our guide on strategies to manage compliance costs
5. Preparing for BGG Act Compliance
Getting your digital services up to standard doesn’t just mitigate legal risks—it can also be a competitive advantage. Here are steps to ensure compliance with the Disability Equality Act:
- Audit your current digital properties: Engage accessibility experts to identify gaps in compliance with WCAG 2.0 and 2.1 guidelines.
- Develop an accessibility plan: Allocate resources to enhance your website, apps, and other digital platforms. Ensure regular reviews and updates are part of your strategy.
- Educate your team: Accessibility must be embedded into your development and design processes. Train your team on the best practices for digital accessibility.
Next Steps for Compliance With Germany’s Digital Accessibility Act
Germany’s digital accessibility laws are part of a broader EU-wide effort under the European Accessibility Act (EAA). Learn more about how to comply with these regulations by joining our EAA webinar. Register here to prepare your business for 2025 and beyond.
FAQs
What is the BGG Act and who does it apply to?
The Disability Equality Act (BGG Act) is a German law enacted in 2002 that aims to eliminate barriers for individuals with disabilities, including in digital services. It primarily applies to federal public bodies and institutions funded by the German federal government. While private companies aren't directly required to comply, those working with government agencies must ensure their digital services are accessible.
What is BITV 2.0 and how does it support the BGG Act?
BITV 2.0 (Barrier-Free Information Technology Ordinance) provides the technical standards needed to implement the BGG Act’s requirements. It adopts WCAG 2.0 guidelines and mandates that public sector websites, mobile apps, and intranets be accessible. It also requires websites to include accessibility statements. Though not mandatory for private companies, adopting BITV 2.0 standards is recommended to broaden digital reach and reduce reputational risks.
What are the risks of not complying with digital accessibility laws in Germany?
Non-compliance with the BGG Act, BITV 2.0, or EAA can lead to legal disputes, financial penalties, and loss of business opportunities, especially in public procurement. Germany has established an arbitration service under the BGG Act to resolve disputes, and enforcement of the EAA will increase after its 2025 implementation.
