Accessibility on websites

Digital accessibility greatly expands the user base of your website or other digital offerings. Barriers arise when, for example, a broken arm means that only one hand can be used to operate the keyboard, or when a toddler in your arms temporarily creates a barrier.

People with all kinds of limitations can thus use, recognize, and understand your accessible offerings. Digital accessibility requires all public authorities across the EU to implement this directive. But online shops, the healthcare industry, and the food sector should also implement digital accessibility. After all, a positive user experience should not be underestimated!

Everyone benefits from accessibility, not just people with disabilities or functional limitations. Our society is aging, so the need for accessibility will grow. Companies that offer accessible services not only tap into larger sales markets and gain competitive advantages. They are also well positioned for the future. This is because they will also be competing with companies that are committed to accessibility and will be on the market with innovative accessible services. In addition, there are now good and straightforward tools available for making websites accessible.

Even if one is not legally required to comply with accessibility requirements, it is still worthwhile to examine whether services can be offered fully or partially in an accessible manner in accordance with the provisions of the Accessibility Strengthening Act.

Since the BITV test revisions in March 2021 and February 2022, the BITV test no longer comprises 60 test steps, but now 98 test steps. The list of test steps includes (in addition to the WCAG 2.1 test steps) 38 additional requirements that EN 301 549 places on web content.

REVISION OF THE TEST STEPS IN 2022

As of February 12, 2022, the current version 3.2.1 of EN 301 549 is the binding standard for accessibility. This update adds six new test steps to the BIK BITV test:

Four new requirements from Chapter 6, “Two-way audio communication”

1. 6.4 Alternatives to voice-based services: If the website implements voice input, i.e., input and selection via voice is possible (similar to telephone hotlines), speaking or listening is not required. Accessible alternatives to these functions must be available.
2. 6.5.4 Videophone synchronization: Audio and video in real-time video switching must not be separated. Therefore, this requirement only applies to web products that implement real-time video conferencing.
3. 6.5.5 Visual indication of speech activity: This new requirement only applies to web products that integrate video conferencing functions. When someone speaks in such a meeting, the speaker's voice activity should be indicated.
4. 6.5.6 Speaker display for sign language communication: Applies only to websites that integrate video conferencing functions. When participants in a video conference use sign language, it must be possible to manually activate or automatically display the activity status (someone is signing).

Two new requirements from Chapter 7, “Video Functions”

1. 7.1.4 Caption customization: This requirement requires that users be able to customize caption properties to suit their needs. This includes background size, contrast, transparency, font, position, etc.
2. 7.1.5 Audio captions: This requirement requires that users can enable audio captions for their videos. The purpose of this requirement is to make videos with foreign-language audio tracks and translated or native-language captions acoustically accessible to people with visual impairments.

OVERLAYS TO IMPROVE USER-FRIENDLINESS?

Overlays are still not 100% accessible: Overlays do not overcome many major barriers and are often poorly implemented.

Overlays do not add captions, fix ARIA errors in dynamic element markup, fix keyboard interactions, or error messages.

More information at: www.edf-feph.org/publications/joint-statement-on-accessibility-overlays/

The Act to Improve Accessibility will enter into force on June 28, 2025, which means that from that date, the products and services specified in the law must be accessible.
The transition period for kiosks is 15 years (until 2040).
That really only leaves two years — so if everyone wants to adapt in time, don’t wait another year.

WHICH PRODUCTS SHOULD BE MADE ACCESSIBLE?

Starting in 2025, companies will be required to offer the following products in an accessible form:

• Computers, notebooks, tablets, smartphones, mobile phones
• ATMs, ticket vending machines, and check-in terminals
• Televisions with internet access
• E-book readers
• Routers

WHICH SERVICES MUST BE MADE ACCESSIBLE?

Companies will also need to make the following services accessible:

• Telephone services
• E-books
• Messenger services
• Services offered via mobile devices (including apps) for long-distance passenger transport
• Banking services
• E-commerce
• Passenger transport services  (For urban, suburban, and regional transport: only interactive self-service terminals)

The Accessibility Strengthening Act (BFSG) targets manufacturers, retailers, and importers of the aforementioned products, as well as providers of the listed services.

Small service providers (with fewer than 10 employees and annual revenues of up to 2 million euros) are exempt from this law. However, micro-enterprises that distribute products are still subject to the BFSG.

OBLIGATIONS OF ECONOMIC OPERATORS

Chapter 3 of the BFSG outlines extensive obligations for business operators. Since websites and applications are considered services, Section 14 “Obligations of the Service Provider” essentially states: In order to offer or provide a service, it must be accessible to everyone. Meeting accessibility requirements is a fundamental prerequisite for being allowed to offer a service.

When providing information, both Annex 3 and all applicable legal regulations must be strictly observed.
Annex 3 specifies that information regarding the accessibility features of a service, as well as relevant legal obligations and the competent market surveillance authority, must be provided in an accessible format.
This information should be included in the terms and conditions or placed in a clearly visible location.

A proactive approach to understanding and implementing relevant accessibility standards is essential.

In the event of non-compliance, a report must be submitted to the market surveillance authorities in all EU Member States where the service is offered. Furthermore, cooperation with these authorities is required to ensure compliance.

A sustainable strategy for implementing accessibility is becoming increasingly important for economic operators.

Similar obligations apply to product-related economic actors: from manufacturers to importers and retailers, all stakeholders in the production and distribution chain of the covered products face complex responsibilities.

MARKET SURVEILLANCE

Responsibility for market surveillance lies with the authorities in each of Germany’s 16 federal states.
The structure of the monitoring process is determined by the respective state governments. Surveillance includes ad-hoc checks and random inspections.

The BFSG outlines a three-step enforcement process in case of violations:

1. Two formal requests for corrective action are issued, each with a deadline.
2. If the issue remains unresolved,
3. The market surveillance authority may ultimately order the termination of the service.

THE BITV TEST – BITV SELF-ASSESSMENT

The BIK BITV Test is a key tool for ensuring the accessibility of websites and digital applications in Germany.
It enables companies and organizations to evaluate the accessibility of their online platforms and verify compliance with BITV (Accessible Information Technology Ordinance) standards.

In contrast to BITV self-assessment, which is conducted internally—e.g., via tools like DRIVE and based on a checklist of test steps—the BIK BITV Test requires external certification.
This can involve significant costs, as it demands specialized evaluators and extensive testing in order to receive the official certification seal.

Despite the financial investment, the BIK BITV Test remains a vital instrument to ensure that digital content is accessible to all people, regardless of their individual abilities or limitations.

The integration of accessibility features into services, products, and applications will continue to increase. Unfortunately, small businesses are still excluded from this movement, but as accessibility technology improves and becomes more automated, it is likely that these businesses will also be able to adopt it. However, this change is expected to take at least ten years. The role of AI in this process remains unclear.

The publication “Accessibility Statement” requires careful review. It provides a detailed overview of the legal requirements, the service in question and its accessibility features, and the authority responsible for market surveillance.

The monitoring process is currently underway and the timelines for resolving issues are both reasonable and compassionate. It is advisable to take a proactive approach to implementing accessibility measures rather than waiting for a test to be carried out. Failure to comply with these measures can have serious consequences, including the possibility that the service will be discontinued altogether.

We have been writing about accessibility for some time now, so feel free to check out our previous posts:

• The next big thing? Accessible e-commerce from June 28, 2025
• Accessibility in web design
• Is your website truly accessible?
• Accessibility: our projects and network
• Accessibility - BITV 2.0

 More about our accessibility services at DRIVE