In this article, we take a closer look at the Barrierefreiheitsstärkungsgesetz (Accessibility Reinforcement Act “-BFSG”) and its significance for the banking sector. The Act implements the accessibility requirements for products and services from Directive (EU) 2019/882 and promotes the equal and non-discriminatory participation of people with disabilities, limitations as well as older people.
Table of Contents
What is the BFSG?
Among other things, the BFSG is intended to oblige the private sector to offer its products and services without barriers.
The BFSG was published in the Federal Law Gazette on 22 July 2021. It applies to products placed on the market after 28 June 2025 and to services provided to consumers after 28 June 2025.
According to Section 3 (1) BFSG, products and services are barrier-free if they can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and generally without outside assistance.
What does the BFSG mean for banks?
Section 1 (3) no. 3 BFSG stipulates that the law applies to banking services provided to consumers after 28 June 2025. But what does this mean in concrete terms?
Pursuant to Section 2 No. 24 BFSG, banking services within the meaning of this provision are in particular
- credit agreements,
- investment services,
- payment services,
- services linked to a payment account and
- e-money.
These services must therefore be provided barrier-free in future. The specific requirements are regulated by the Verordnung über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen nach dem Barrierefreiheitsstärkungsgesetz -“BFSGV”).
Section 12 BFSGV stipulates the following requirements for services, among others:
- the provision of information via more than one sensory channel,
- the presentation in understandable language,
- fonts are to be displayed in an appropriate size and shape,
- digital information is provided in a consistent and appropriate manner by making it perceivable, operable, understandable and robust.
These are the requirements that apply to all services. In addition, Section 17 BFSGV sets out further specific requirements for banking services: Insofar as identification methods, authentication methods, electronic signatures, security functions and payment services are provided, these must be perceivable, operable, understandable and robust (para. 1). In addition, it must be ensured that the information on the functioning of the banking service is understandable for consumers without exceeding language level B2 (para. 2).
Simple language in particular must therefore be offered, which is a challenge with regard to complex contracts such as loan agreements.
Section 3 of the BFSGV refers to technical standards such as norms, which must also be taken into account. The Federal Accessibility Agency will provide corresponding information on the technical standards on its website
Requirements for payment terminals
Specific requirements also apply to payment terminals, which are a sub-category of so-called self-service terminals pursuant to Section 1 (2) No. 2 lit. a BFSG. Payment terminals are devices whose main purpose is to make payments using payment instruments within the meaning of Section 1 (20) of the Payment Services Supervision Act at the point of sale, but not in a virtual environment (Section 2 no. 25 BFSG).
According to Section 4 ff. BFSGV after 28 June 2025 those must in particular:
- offer information via more than one sensory channel,
- ensure presentation in understandable language
- fonts are to be displayed in an appropriate size and shape,
- contain a description of the user interfaces of the product, such as handling, control and feedback, input and output,
- be equipped with voice output,
- enable the use of individual headphones and
- be equipped with buttons and operating elements with sufficient contrast and tactile recognisability, if buttons and operating elements are used.
What are the consequences of non-compliance with the BFSG?
The measures in the event of non-compliance are based on Section 29 BFSG: The market surveillance authority can first request that the service conforms to the accessibility requirements. If the service provider fails to do so, the service can be ordered to be discontinued. Fines can also be imposed in accordance with Section 27 BFSG.
The right of consumers to take legal action in the event of violations of the BFSG is also of particular importance: Section 32 et seq. provides for extensive rights, in particular the right to appeal to the administrative courts. The BFSG also provides for the option of a class action.
Barrierefreiheitsstärkungesetz: Conclusion and outlook
The BFSG paves the way to a barrier-free future. The banking sector must familiarise itself with the extensive requirements and ensure implementation by 28 June 2025, otherwise there is a risk of far-reaching consequences.
