Digital Accessibility as a Consulting Mandate: BFSG Overview for Law Firms
June 25, 2025 · 4 min. read
With theBarrierefreiheitsstärkungsgesetz (BFSG)new obligations for digital providers come into effect from June 2025 – particularly in the B2C sector. What does this mean for law firms that offer their services via a website?
Marcel Zirkelfrom OMmatic speaks withFachanwalt für Gewerblichen Rechtsschutz Alexander Schuppabout the legal scope of the BFSG, implementation challenges, and opportunities for legal advisors.
Digital Participation Becomes Law – What is the BFSG About?
Marcel Zirkel: Mr. Schupp, we've been hearing a lot lately about the Barrierefreiheitsstärkungsgesetz – BFSG. What exactly is it about?
Alexander Schupp: Fundamentally, it's about digital participation. The BFSG requires certain providers to design their digital products and services so that they can be used without restrictions by people with disabilities. The focus is particularly on offerings that are directed online to consumers – for example, law firm websites that serve as a point of contact.
What's new is: These requirements now also apply bindingly to many **private sector providers**, meaning companies and self-employed individuals who operate commercially and offer their services on the market rather than under public mandate – such as retailers, travel portals, or other service providers. Until now, such accessibility requirements primarily applied to public bodies under the Behindertengleichstellungsgesetz (BGG). The BFSG now extends these obligations broadly across the private sector. This is a real milestone in legislation.
What Does This Mean for Your Firm's Clients?
Zirkel: Who specifically needs to take action? Does this apply to all websites?
Schupp: Not quite. The law is primarily directed at providers whose target audience is end consumers – i.e., B2C. Small businesses with fewer than ten employees and less than two million euros in annual revenue are formally exempt. But: Anyone who wants to remain competitive today should tackle this issue voluntarily – even if they fall under the exemption rule.
What Requirements Must Clients Implement?
Zirkel: What exactly do I need to do as a law firm?
Schupp: There's quite a bit. The entire process – from information to mandate inquiry – must be accessible. This means, for example, easily readable texts, structured site navigation, alternative texts for images, no operational barriers for screen reader users, etc. The requirements are based on WCAG 2.1, specifically at Level AA.
Consulting Needs for Conversion: Standard or Individual?
Zirkel: Sounds like a lot of work. Does everyone now have to completely rebuild their websites?
Schupp: Not necessarily. It depends on the current state. Many modern CMS systems already provide good foundations. But there are also problem areas – especially in concrete implementation, such as with images, forms, or dynamic elements. What's important is: don't rebuild blindly, but proceed systematically – with technical and legal support.
What Legal Risks Exist in Case of Inaction?
Zirkel: And what if I ignore this?
Schupp: That can get expensive. Market surveillance authorities can take far-reaching measures. Additionally, consumers or associations can issue warnings or even file lawsuits for violations. The consequences are real – even if some may still underestimate them.
How Should Law Firms Approach This Topic?
Zirkel: I'm hearing in the industry about expensive certifications and emergency packages. Is there any truth to that?
Schupp: Unfortunately, there's a lot of fear-mongering right now. Some providers smell big business and offer overpriced, sometimes dubious "certifications" that aren't even legally required. I always tell my clients: Stay calm, get good advice – and don't spend money on empty promises.
Are there trustworthy implementation partners?
Zirkel: Do you have a tip on where to turn?
Schupp: Yes, actually. I've had very good experiences with the company OMmatic. They have excellent technical expertise, fair pricing, and don't deliver 'smoke and mirrors packages,' but rather practical solutions. I regularly recommend them – with consistently positive feedback.
What about the accessibility statement?
Zirkel: Must an accessibility statement also be published?
Schupp: Yes, that's mandatory. It must be easily findable on the website and explain, among other things, to what extent accessibility has been implemented.
Your advice for colleagues in consulting?
Zirkel: Your most important advice for law firms?
Schupp: Start now – with a sense of proportion, but decisively. Bring someone on board who is competent both legally and technically. Those who act early not only have less legal stress, but also demonstrate commitment – and may even open up entirely new client groups.
Conclusion for legal practice
Accessibility is not only becoming legally mandatory, but also offers potential for client retention and firm positioning. The BFSG is an ideal opportunity to combine technical understanding with legal advice – competently, pragmatically, and forward-looking.
About Alexander Schupp
Alexander Schupp is an attorney and specialist lawyer for commercial law protection. Since 2005, he has advised renowned companies and associations in the areas of competition law, trademark law, copyright law and IT law.
He is the founder of the law firm cooperation it-recht-Deutschland and co-founder of the service provider specializing in legal certainty in online commerce it-recht-PLUS.
