Digital accessibility

A digital service is accessible when people with disabilities can use it in the generally customary manner, without particular difficulty and, in principle, without outside help.

What is digital accessibility?

Digital accessibility exists when people with disabilities can use a digital service in the generally customary manner, without particular difficulty and, in principle, without outside help. The laws cited here contain no separate legal definition of digital accessibility. Their definitions cover "information processing systems" (§ 4, first sentence, BGG; § 6(5) BGStG). The BGG also lists acoustic and visual information sources and communication facilities (§ 4, first sentence, BGG), and it expressly permits the use of aids needed because of a disability (§ 4, second sentence, BGG).

Directive (EU) 2016/2102 requires Member States to ensure that public sector bodies make their websites and mobile applications perceivable, operable, understandable and robust (Article 4). Recital 37 explains the four principles:

• Perceivable: information and user interface components are presented in a way that users can perceive them.
• Operable: users can operate the user interface components and the navigation.
• Understandable: the information and the operation of the user interface are understandable.
• Robust: a wide variety of user agents, including assistive technologies, interpret the content reliably.

Recital 37 expresses the principles as testable success criteria, applied through harmonised standards and a common testing methodology. See EN 301 549 and WCAG 2.1 for details.

Germany and Austria compared

§ 4 BGG, § 3(1), second sentence, BFSG and § 6(5) BGStG define accessibility almost identically. One difference lies in the word "findable" (auffindbar): the two German provisions require it, § 6(5) BGStG does not mention it. In addition, of the three provisions only § 4 BGG expressly permits the use of aids needed because of a disability (§ 4, second sentence, BGG).

Germany

§ 4 BGG is the general definition. Federal public bodies make their websites and mobile applications accessible, including intranet services intended for staff (§ 12a(1), first sentence, BGG). The yardstick is the ordinance under § 12d BGG; where it contains no requirements, the recognised rules of technology apply (§ 12a(2) BGG). The entry BITV 2.0 explains the details for federal bodies.

For companies, § 3(1) BFSG applies: products that an economic operator makes available on the market and services that it offers or provides must be accessible. This covers the products and services listed in § 1(2) and (3) BFSG. The second sentence uses the same criteria as § 4 BGG. The specific requirements follow from the statutory ordinance under § 3(2) BFSG (§ 3(1), third sentence, BFSG). § 3(1) BFSG does not apply to micro-enterprises that offer or provide services (§ 3(3) BFSG). See BFSG.

Austria

§ 6(5) BGStG defines accessibility for structural and other facilities, means of transport, technical consumer goods, information processing systems and other designed areas of life. They must be accessible and usable. When assessing indirect discrimination through barriers, it must also be examined whether relevant accessibility rules exist and whether and to what extent they were complied with (§ 6(4) BGStG). The WZG applies to the websites and mobile applications of the federal government (§ 1(1) WZG). For the federal states and municipalities, see Austria's state laws; for companies, see the BaFG.

Practical example

For documents on websites, the publication date matters. An online shop in Germany provides product data sheets as PDFs that the team creates in Word and PowerPoint. If the shop provides its service in electronic commerce to consumers (§ 1(3) no. 5 BFSG), office file formats published before 28 June 2025 are exempt (§ 1(4) no. 2 BFSG). This exemption does not cover data sheets published later. For them, the criteria of § 3(1), second sentence, BFSG apply: findable, accessible and usable. The specific requirements follow from the statutory ordinance under § 3(2) BFSG (§ 3(1), third sentence, BFSG). If the shop is a micro-enterprise, § 3(1) BFSG does not apply (§ 3(3) BFSG).

For public sector bodies, Directive (EU) 2016/2102 sets an earlier cut-off date: office file formats published before 23 September 2018 are exempt unless they are needed for active administrative processes (Article 1(4)(a)). Recital 26 gives PDF, Microsoft Office and equivalent open-source formats as examples. See office file formats.

The checklist for Word and PowerPoint shows the steps for source files. If you prefer not to remediate your documents yourself, you can have accessible documents prepared. This entry does not constitute legal advice.

See also

• EN 301 549 (harmonised standard for ICT accessibility)
• WCAG 2.1 (Web Content Accessibility Guidelines)
• Web Accessibility Directive (Directive (EU) 2016/2102)
• BFSG (German Accessibility Strengthening Act)