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Barrier-free website (BFSG): scaremongering

Barrier-free website (BFSG): scaremongering

How some providers want to cash in on the BFSG (Barrier-free Website Act) and the fear of warnings

The other day in the inbox: An e-mail subject that sounds like a yellow letter from the office:

“Request for barrier-free redesign of your website in accordance with § 3 BFSG”

And a dramatic introduction:

“You mentally scroll backwards through your to-do list: ‘Website? That was okay. Didn’t we just have a redesign? But that doesn’t help. The deadline has passed. 14 days. Otherwise a lawsuit.”

At this point at the latest, it was clear: we are not in government radio, but in fairytale land of warnings.

The recipe: A pinch of law, a spoonful of panic – well mixed

In essence, it’s about the new Barrier-Free Strengthening Act (BFSG), which will apply to certain companies from June 28, 2025. This is claimed:

“It won’t happen one day. It’s happening right now. […] The hunting season for unprotected websites has begun.”

Spoiler: The law does not affect all companies, but only those that sell products or services online – and only if they are not considered micro-enterprises (less than 10 employees & €2 million turnover).

The bold formulation “14 days, otherwise legal action”?

There is no such legal deadline. Deadlines for issuing warnings are set by the person issuing the warning – not the BFSG.

Who is sending the reminder? And why allegedly for €1,500?

“Otherwise a lawsuit. And: €1,500 in legal fees – plus a ‘please pay’ letter.”

  • Not everyone is allowed to issue warnings – only competitors or associations with a legitimate interest.
  • The amount mentioned is a worst-case scenario, but not automatic.
  • The borderline of misleading scaremongering is therefore close.

The “rescue”: a miracle widget with a certificate

“Pay once – secure for life. Automatic updates, zero subscription. Certificate for your records.”

Sounds like a savior. Unfortunately, this is not very legally sound:

  • There are no official certificates for BFSG conformity.
  • Even with the widget, manual work is usually necessary (PDFs, contrasts, keyboard operation, etc.).
  • Accessibility is not a plugin, but a concept and an ongoing process.

Our conclusion as a web agency:

  • Accessibility is important.
  • Scaremongering does not sell good solutions.

Those who give serious advice provide* honest information:

  • Whether and from when the law applies to you
  • What measures are really necessary
  • And why no miracle tool alone is enough to create real access for all people

If you want to know what specifically needs to be done for your website – we give honest advice*.

  • Without pressure, without “14-day” ticking bombs, without British letterbox companies.
  • We work closely with your legal advisor on the technical implementation of all measures.
  • We are a long-standing agency customer of eRecht24, which provides us with comprehensive legal information on the subject, including checklists, an applicability widget and a test tool.

*Note: We are not legal advisors and are not authorized to give a legally binding assessment of the BFSG or the law on cease-and-desist letters. Our assessments are based on publicly available information and technical experience. For legal questions, we recommend consulting a specialized lawyer.

Carl D. Erling, Berlin, CTO
Carl D. Erling, CTO

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