BFSG: Penalties, fines and the risk of warnings
In short
If you breach the BFSG, the market-surveillance authority can order remediation and, in the worst case, prohibit a service. Fines are graduated by severity and reach up to €100,000. Whether a lack of accessibility can additionally trigger a competition-law warning (Abmahnung) is legally unsettled, but the risk exists.
The Accessibility Strengthening Act (BFSG) has applied since 28 June 2025. An affected provider whose website is not accessible risks more than unhappy customers: there are concrete regulatory consequences. This article explains what actually follows, without scaremongering.
Who enforces it
Enforcement rests with the market surveillance of the federal states. In Germany the joint market-surveillance body for the accessibility of products and services (MLBF) coordinates this. It acts on its own initiative, but can also investigate following complaints from consumers or associations.
That matters: no lawsuit is needed for things to get uncomfortable. A single well-founded complaint can trigger a regulatory review.
What fines are possible
Breaches of the BFSG are administrative offences. The fine range is graduated by severity and reaches up to €100,000. Less serious breaches, such as formal errors in mandatory information, carry lower ceilings. The authority sets the actual amount case by case, weighing factors such as duration, intent and economic benefit.
What the authority can order
Besides fines, market surveillance has powers that can weigh more heavily on a running business than the penalty itself:
- Order remediation: it can require identified barriers to be fixed within a deadline.
- Prohibit the service: if a significant defect is not fixed, provision of the service can, in the worst case, be restricted or prohibited.
- Publicity: proceedings and measures can become public, with the corresponding reputational risk.
Warnings: the debated additional risk
Beyond the regulatory route, there is debate over whether a lack of accessibility can additionally be challenged under competition law (the UWG), for example by competitors or qualified bodies such as consumer associations. Whether and when such a breach is actionable is not yet conclusively settled and will sharpen through case law. What is certain: the risk cannot be excluded, and a wave of warning letters would be faster and costlier than any regulatory procedure.
How a procedure typically unfolds
- Trigger: a complaint or the authority's own finding.
- Review of the website or service against the requirements (EN 301 549 / WCAG 2.2 AA).
- Request to remediate within a deadline.
- If not fixed: a fine and/or a further order, up to prohibition.
The cheapest strategy: know where you stand first
Almost every risk in this article only arises once a defect stays open despite knowledge or a request to fix it. Whoever knows the state of their website and works on it in a documented way is in a far better position. What a defensible audit costs is covered in “What does an accessibility audit cost?”. Our free scan gives a first overview at no cost.
Frequently asked questions
- How high is the fine under the BFSG?
- The fine range is graduated by severity and reaches up to €100,000. Less serious breaches carry lower ceilings. The market-surveillance authority sets the actual amount case by case.
- Can you be issued a warning for a lack of accessibility?
- Whether a lack of accessibility is actionable under competition law (UWG) by competitors or consumer associations is not yet conclusively settled. The risk exists and will be clarified through case law.
- Who monitors compliance with the BFSG?
- The market surveillance of the federal states, coordinated in Germany by the joint market-surveillance body (MLBF). It acts on its own initiative or on complaints and can order remediation, impose fines and, in the worst case, prohibit services.
Request a free scan
Tell us your domain — we run a free initial scan and show you the most important barriers.