German Accessibility Act (BFSG): what applies to e-learning?

The Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz, BFSG) transposes European Directive (EU) 2019/882 on accessibility requirements for products and services. It has applied since 28 June 2025. The aim is that people with disabilities can use certain everyday products and services without particular difficulty and, in principle, without help from others.

The Act does not cover everything digital; section 1 lists products and services. Services include electronic communications, certain elements of passenger transport services, consumer banking services, e-books and dedicated software, and e-commerce services. A regulation under the BFSG sets out the detailed requirements.

The key concept is the e-commerce service. The definitions in section 2 BFSG describe it as digital services within the meaning of the German Digitale-Dienste-Gesetz (DDG) offered via websites and mobile applications and provided electronically at the individual request of a consumer with a view to concluding a consumer contract.

Two questions follow. First: is the offer aimed at consumers, i.e. private individuals not acting predominantly for business or self-employed purposes? Second: is a contract initiated or concluded via the website or app? A course provider selling online courses to private individuals through its website meets both; the booking flow and in many cases the platform delivering the course must then be accessible. How far the duty extends in an individual case is a question of interpretation that deserves careful review.

Under section 3(3), micro-enterprises providing services do not have to meet the requirements. Under the definitions in section 2, micro-enterprises employ fewer than ten people and have either an annual turnover of at most EUR 2 million or an annual balance sheet total of at most EUR 2 million. The exemption does not apply to products in the same way.

Section 38 BFSG contains transitional provisions, for example for services provided using products already in use before 28 June 2025. Whether a transitional rule applies should be checked against the text of the Act.

Even where the BFSG does not apply, accessibility makes sense: captions help not only deaf people but everyone learning in an open-plan office. In practice the reference is the harmonised European standard EN 301 549, which for web content refers to the success criteria of the W3C's WCAG guidelines.

For internal training the BFSG does not apply, but other law does. Under section 164(4) of Book IX of the Social Code, severely disabled employees are entitled, among other things, to preferential consideration for in-house vocational training and to reasonable facilitation of participation in external training. The General Equal Treatment Act prohibits discrimination on grounds of disability, including in access to training. Mandatory training that cannot be used accessibly can therefore become a problem.

Public bodies have their own rules. Federal bodies are subject to the Disability Equality Act and the Accessible Information Technology Ordinance (BITV 2.0), which transpose Directive (EU) 2016/2102; universities and authorities of the federal states are subject to the respective state laws. Learning platforms of state universities must therefore generally be accessible, irrespective of the BFSG.

This article explains the law in general terms and is not legal advice. For any individual case, the official text in its current version prevails; if in doubt, consult a lawyer, your data protection officer or the competent supervisory authority.