We have already looked at the Barrierefreiheitsstärkungsgesetz (“BFSG”) and its significance for the banking and payment services industry in our first blog post on this topic. This article focuses on the application in contracts and general terms and conditions of banks and payment service providers.
Does “easy language” equal “simple language”?
The BFSG is supplemented by the Ordinance to the Accessibility Reinforcement Act. Section 12 no. 2 lit. c) BFSGV stipulates that information about services should be presented in understandable language. Section 17para. 1 BFSGV also contains this requirement for banking services, e.g. credit agreements, investment services and payment services. Para. 2 requires that information on the functioning of banking services does not exceed level B2. The Common European Framework of Reference for Languages defines language level B2 as “upper intermediate level”. The explanatory memorandum to the BFSGV states that it generally makes sense to use the lowest possible language level. The use of “easy language” is expressly recommended in the explanatory memorandum.
However, the meaning of easy language is left open. In March 2025, the German Institute for Standardization (“DIN”) published a so-called DIN SPEC, which contains recommendations for German Easy Language. This provides guidance and clarifies that easy language is a form of language that is simplified in terms of language and content with the aim of reducing communicative barriers for people with learning difficulties. This also distinguishes easy language from so-called “simple language”. The latter is intended, for example, to bring technical language to a generally understandable language level and is therefore not aimed at people with learning difficulties.
In summary, easy language means
- the use of simple and short words,
- the use of short sentences and
- the use of pictures for illustration purposes, if necessary.
General terms and conditions and accessibility
The BFSGV refers to the provision of information on the functioning of (banking) services. Those must be understandable. However, this does not mean that mandatory legal information, contractual texts and general terms and conditions (“GTC”) must be available in easy language. Instead, a general description of the service must be provided in an accessible format (e.g.easy language). This means that not all contractual texts and GTC need to be translated.
However, the explanatory memorandum to the law states: “The purpose of the provision is to ensure that persons with disabilities are fully informed about the functioning of the service and thus also about the content of the service, can make informed decisions and know that they are adequately protected in the same way as all other consumers. It is therefore at least necessary to provide information about the essential content of the contract and to fulfill the requirements of this regulation.” (Translation from German by the author)
According to Section 14 in conjunction with annex 3 BFSG, however, the service provider must also state in the GTC how exactly it fulfills the accessibility requirements of the BFSGV. Accordingly, in addition to the consumer information in accordance with Article 246 of the Introductory Act to the Civil Code, the information must include
- a general description of the service in an accessible format,
- descriptions and explanations that are necessary for understanding the performance of the service,
- a description of how the service meets the accessibility requirements and
- the information provided by the competent market surveillance authority.
Easy language and contract interpretation
From a legal point of view, the question arises as to what significance a translation of key contractual elements in easy language has for the interpretation of the contract.
An explanation in easy language should serve to make the contract and its content understandable for people with learning difficulties. In this respect, the text of the contract and the text in easy language have different functions. In order to make this clear and to ensure legal certainty, it is advisable to document this. Suitable formulations for this could be “In court, this text in easy language does not apply.” or “In court, you can only use the text in everyday language.”
Need for action and recommendation
The law applies to products and services offered from June 28, 2025. Violations could result in fines and legal action. Providers in the payment and banking sector should therefore be aware of their need for action and seek expert legal support.
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