Key points at a glance
- Since 28 June 2025, the BFSG has covered e-commerce services (§ 1 (3) no. 5 BFSG): websites and apps through which consumers conclude a contract.
- In hospitality, this mainly concerns online ordering, voucher and ticket sales, hotel booking and, to be on the safe side, table reservations too. A purely informational website is usually not covered.
- Micro-enterprises with fewer than ten employees and no more than 2 million euros in turnover or balance sheet total are exempt for services under § 3 (3) BFSG.
- The requirements are set out in the BFSGV (the regulation implementing the BFSG); the benchmarks are EN 301 549 and WCAG AA. On top of that comes accessibility information under Annex 3 BFSG.
- Enforcement by the MLBF in Magdeburg, fines of up to 100,000 euros. Whether violations can also lead to cease-and-desist letters under the UWG (Unfair Competition Act) has not yet been decided by the highest courts.
This post is general information and does not replace legal or tax advice. Rules change and some differ between federal states: check the details with your chamber of commerce (WKO) or IHK, the competent authority or your tax adviser.
What the BFSG is about
The Barrierefreiheitsstärkungsgesetz (BFSG) transposes the European Accessibility Act (Directive (EU) 2019/882) into German law. The technical details are set out in the Verordnung zum BFSG (BFSGV). The law does not apply to every website, but to certain products and services offered to consumers after 28 June 2025. For restaurants, hotels and caterers, what mainly counts is § 1 (3) no. 5 BFSG: e-commerce services (Dienstleistungen im elektronischen Geschäftsverkehr).
§ 2 no. 26 BFSG describes them as services provided electronically via websites and mobile applications, at the individual request of consumers, with a view to concluding a consumer contract. The rule of thumb for hospitality is therefore: can a guest conclude a contract with you on your website or in your app? Then you are within the scope, unless an exemption applies. Business only with corporate customers, such as purely B2B catering, is not covered.
How typical hospitality services are classified
| Function | Classification | Note |
|---|---|---|
| Ordering and paying online (pickup, delivery) | Covered | Distance contract |
| Selling vouchers, event tickets, cooking classes, wine packages online | Covered | Classic web shop |
| Booking hotel rooms or packages online | Covered | Booking process with contract |
| Table reservation with deposit or card on file | Very probably covered | Contract with a payment function |
| Table reservation without payment | Disputed, treat with caution | Many experts see reservations as the initiation of a contract, which is covered |
| Catering enquiry form without booking | Probably not covered | The contract only comes about later through a quote |
| Menu, opening hours, directions, phone number | Not covered | Pure information without a contract |
| Link to Lieferando, Wolt or a booking portal | Platform responsible | Your site remains an informational website; the provider runs the process |
Within the scope is not automatically the whole website but the service with everything that belongs to it: the page where orders are placed, the basket, forms, customer account, payment and confirmation. Because guests usually reach the ordering process via the home page and the menu, you should take these paths into account too. In practice, it is almost always easier to build the entire website with few barriers than to draw boundaries around individual parts.
If you use ready-made reservation or ordering systems such as OpenTable, TheFork, Quandoo, resmio or aleno, their providers share responsibility for their software. But if the guest concludes the contract with you, you should have the provider confirm conformity and link to its accessibility statement. Which tools are available and what to look out for is covered in our guide to online reservations. Whether your own ordering alongside the platforms makes sense is answered in the guide to delivery platforms.
Micro-enterprises: who is exempt
§ 3 (3) BFSG exempts micro-enterprises that offer or provide services from the accessibility requirements. Under § 2 no. 17 BFSG, this is a business that employs fewer than ten people and has either an annual turnover of no more than 2 million euros or an annual balance sheet total of no more than 2 million euros.
Count your employees
According to a common interpretation based on the European Commission's SME recommendation, in annual work units: part-time, seasonal and temporary staff count proportionally. With many minijobbers, it can get tight.
Check turnover or balance sheet total
One of the two figures must not exceed 2 million euros. Most owner-run venues are below this.
Consider linked businesses
If several venues belong to one group, under the EU definition the group may count, not the individual location.
Document the result
Record why you are relying on the exemption and review it every year. If you grow beyond the thresholds, you must catch up.
What the BFSGV requires in concrete terms
Under § 12 BFSGV, websites and apps must be perceivable, operable, understandable and robust. For e-commerce, § 19 BFSGV adds that identification, security and payment functions must also be accessible. In practice, the benchmark is the European standard EN 301 549, which refers to WCAG level AA for websites; a revision specifically for the European Accessibility Act is in progress.
| Principle | Example from a venue |
|---|---|
| Perceivable | Menu as real text with sufficient contrast; photos with alternative text; videos with subtitles |
| Operable | Reservations and the basket work with a keyboard; buttons are big enough for a thumb; no short time limits |
| Understandable | Clear steps, unambiguous error messages, allergens written out instead of only as abbreviations |
| Robust | Clean code that screen readers and magnification software read correctly |
| Payment (§ 19 BFSGV) | The payment page and the 3-D Secure step are also accessible |
A typical stumbling block is allergen labelling: abbreviations like “a, c, g” without a legend are understood neither by guests nor by screen readers. With our free allergen legend, you can create a written-out overview; the legal requirements are in our guide Allergen labelling in Germany.
Accessibility statement
Under § 14 BFSG in conjunction with Annex 3, you must provide information on how your service meets the requirements. This is done in the general terms and conditions or in another clearly perceivable way; in practice usually on a separate “Accessibility statement” page, linked in the footer next to the legal notice (Impressum) and the privacy policy. The information must itself be accessible, you must keep it available for as long as you offer the service, and it must name the competent market surveillance authority.
What it needs to contain
- General description of the service, e.g. “online ordering for pickup and delivery”
- Explanations of how guests use the service
- How the BFSGV requirements are met (e.g. according to EN 301 549 and WCAG AA)
- Known limitations and an alternative, such as ordering by phone
- Contact for feedback on accessibility
- Competent authority: Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen (MLBF), Magdeburg
- Date of the statement
The statement is added to the existing mandatory pages. What the legal notice must contain is explained in our guide Legal notice in Germany; with the legal notice generator, it is quickly done.
Market surveillance, fines and the risk of cease-and-desist letters
For enforcement, the federal states have set up a joint authority: the Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen (MLBF), a public-law institution based in Magdeburg. Under § 28 BFSG, it also carries out random checks without a specific reason and follows up on reports. Under § 32 BFSG, consumers can request that the authority take action, also through recognised associations. Under § 34 BFSG, the conciliation body under the Behindertengleichstellungsgesetz (Disability Equality Act) is also available.
- First a deadline, then measures: if the authority finds deficiencies, it sets a deadline for corrections (§ 29 BFSG). If that does not work, it can order the service to be discontinued.
- Fines of up to 100,000 euros for a service that is not accessible, up to 10,000 euros for other violations such as missing information (§ 37 BFSG).
- Disproportionate burden (§ 17 BFSG): if you rely on it, you must assess it using Annex 4, document it for five years and inform the authority.
- Transition: contracts concluded before 28 June 2025 may continue until 27 June 2030 at the latest (§ 38 BFSG). New services must comply immediately.
Why accessibility brings in guests
Regardless of obligations and fines: websites with few barriers are simply better websites. Guests, your team and your Google ranking all benefit.
- Older regulars find opening hours and the dish of the day without zooming in.
- Readable in the beer garden: strong contrasts help with sunlight on a phone display.
- Text instead of PDF: an HTML menu loads faster, can be translated and is indexed by search engines. More in our guide to the digital menu.
- Fewer phone calls: clear forms with understandable error messages lead to more completed reservations.
- Guests with pushchairs or wheelchairs appreciate information on step-free access and the toilet, even though the BFSG does not require it.
How to get it right
- Run through ordering and reservations once using only the keyboard
- Test on a phone with the maximum font size
- Ask external providers in writing about their BFSG compliance
- Link the accessibility statement in the footer
- Offer phone and email as an alternative
Better not
- Rely on an overlay plugin that promises accessibility “at the click of a button”
- Post the menu and weekly menu only as photos
- Use buttons without labels, with only an icon
- Pay cease-and-desist demands straight away out of fear
See a restaurant website with few barriers
Real text, strong contrasts, large buttons and a menu that screen readers can read too: see a free preview for your venue.
A free preview of your venue website, designed by us.
