Accessibility Reinforcement Act: Also relevant for the practice website? (updated)

(Update from 29/06/2025. The article was originally published on 16/12/2024)

Accessibility - a term that is often associated with lifts or disabled-accessible toilets. However, the Barrier-Free Accessibility Reinforcement Act (BFSG for short, often colloquially referred to as the Accessibility Act), which came into force on 28 June 2025, goes far beyond structural measures. It also includes digital products and services. Due to the increasing presence of this topic in the media, more and more doctors and dentists are asking themselves whether they need to take action with regard to their practice website. We have investigated this question and come to the following conclusion: No, in most cases this is currently not the case. 

Important note: The information provided does not constitute legal advice. It is merely a personal opinion or assessment. For binding legal advice, please contact a licensed lawyer.

"Scaremongering" around the BFSG

Current article in the "Ärzte Zeitung" of 26 May 2025 and information letter from the chambers and KVs/KZVs

As the BFSG came into force on 28 June 2025, there is currently a lot of reporting on it. For example, the Ärzte Zeitung in its issue of 26 May 2025, and various chambers and KZVs are writing to their members to inform them about the new law.

Doctors and dentists are under the impression that they have to act immediately in order to avoid warnings and fines. In reality, however, there is no need to panic, as the following should be noted:

• Only practices with more than ten employees and an annual turnover of more than two million euros are affected.
• Even if there are different interpretations of this on the internet (due to a lack of judgements): We are of the opinion that only websites that are newly put online after 28 June 2025 are affected. According to this view, existing websites may remain unchanged (i.e. "non-accessible") until 28 May 2030 (provided they are not fundamentally changed).
• Only websites that offer more than just information are affected. However, what this means in concrete terms is controversial.

Taking the above points into consideration, it becomes clear that only very few practices actually have an urgent need for action at present.

If your practice is affected or you would still like to make your practice website accessible, we will be happy to help you.

What is the Accessibility Reinforcement Act?

Does the Accessibility Improvement Act also apply to doctors' practice websites?

Pure practice homepages - via which no contracts can normally be concluded directly and via which no products or services are sold - are not affected. This means that your practice website, which you use to present your services, team and premises, is generally not covered by the BFSG (cf. RA Phil Salewski, 2024 [1]).

The BFSG focuses on commercial providers who sell their goods and services online. You can find more information here: www.it-recht-kanzlei.de/faq-barrierefreiheit-online-shops-bfsg.html#abschnitt_6

However, it is disputed whether this categorisation changes if the possibility of online appointment booking is offered on the practice website and/or a contact form is provided. We have received contradictory statements on this from several lawyers, partly because there is currently a lack of judgements.

In addition, there are further "ifs" and "buts" to the question of whether your own practice website is affected by the BFSG, which further restrict the group of affected practice websites:

• Only practices with more than ten employees and an annual turnover of more than two million euros are affected.
• Even if there are different interpretations of this on the internet (due to a lack of judgements): We are of the opinion that only websites that are newly put online after 28 June 2025 are affected. According to this view, existing websites may remain unchanged (i.e. "non-accessible") until 28 May 2030 (provided they are not fundamentally changed).

In the vast majority of cases, there is therefore probably no acute need for action from a legal perspective - even if this is often presented differently, for example by marketing agencies. Of course, sales intentions also play a role here, which are particularly easy to enforce if there are fears of doing something wrong.

Conclusion: Not (yet) an obligation, but an opportunity

The BFSG is a legal requirement that you do not currently have to implement for your practice website if no bookings and payments can be made on it [1]. However, it offers the opportunity to make your website more accessible and modern for everyone and to customise your services. After all, an accessible practice not only signals professionalism, but also that you care about the needs of all patients.