Since 28 June 2025, accessibility is no longer a “nice to have” – it is a duty. With the new Accessibility Act (BaFG), Austria is implementing the requirements of the European Accessibility Act. This has far-reaching consequences for companies, especially in the digital sector.
1. What does "accessibility" mean for products and services?
Products and services must now be designed so that persons with disabilities can use them. This includes, among other things:
- Visual accessibility: sufficient contrast, adjustable font sizes, clear legibility;
- Technical compatibility: operability via keyboard, compatibility with screen readers;
- Clear structure: intuitive navigation, understandable content;
- Alternative formats: subtitles, audio descriptions, sign language.
The market supervisory authority – in Austria, the Social Ministry Service – bases its assessment of the implementation of accessibility on the harmonized European standard EN 301 549, which in turn is based on the internationally recognized Web Content Accessibility Guidelines (WCAG 2.1).
2. Does this also apply to my company?
The law applies to all companies that offer certain products or services to consumers, like:
- Webshops, sales platforms, and digital ordering systems;
- Banking services (e.g., online banking);
- E-books and reading apps;
- Audiovisual media services;
- Electronic tickets and booking systems;
- Self-service terminals, such as ATMs or ticket machines.
The BaFG applies not only to companies that offer specific products or services, but to all players along the value chain: manufacturers, importers, distributor, and service providers.
Companies will be exempt from the legal obligations only in exceptional cases, for example:
- Microenterprises with fewer than ten employees and an annual turnover or balance sheet total of 2 million Euro or less are exempt from the requirements for services.
- An exemption is also possible if implementing the accessibility requirements would result in a fundamental alteration to the product or service – i.e., if its essential function, use, or design would no longer be preserved.
- Further, the obligation does not apply if compliance with the requirements would impose a disproportionate economic or organizational burden. In such cases, the company must demonstrate in a case-by-case assessment why implementation is unreasonable, taking into account, for example, the size of the company, the resources available, and the nature and scope of its activities.
- Certain content – such as archived content, recorded time-based media, or third-party content – may also be excluded from the scope of application under specific circumstances.
3. When do I need to take action?
The new obligations generally apply from the date the law took effect on 28 June 2025. Only products and services that were already offered or placed on the market before this date are subject to certain transition periods, e.g.:
- Service contracts may continue in their current form until 28 June 2030, at the latest;
- Self-service terminals may continue to operate in their current form, in some cases, until 2040.
However, if an existing product is significantly modified or a new distribution channel is introduced (e.g., an app extension or new functionality), this may require a complete reassessment before the deadlines expire.
4. What are the consequences of non-compliance?
Violations may result in, among other things:
- Administrative fines of up to 80,000 Euro;
- Officially ordered sales stops and withdrawals for products as well as the discontinuation of the service (e.g., deactivation of the website or app);
- Public information in the media or on the company's website about non-compliance with accessibility requirements;
- Class action or individual lawsuits by consumers, competitors, or interest groups;
- And, of course, considerable damage to the company's reputation.
5. What needs to be done now?
The time for implementation is limited. We recommend a structured approach:
- Take stock: Which products/services are affected?
- Gap analysis: Where are there deviations from accessibility standards?
- Check exceptions: Is there a fundamental alteration? Is alteration disproportionate?
- Plan implementation: responsibilities, technical adjustments, reference to standards.
- Document the process: CE marking, declaration of conformity, evidence.
- Adapt contract design: especially for IT outsourcing and platform use.
Whether you are a start-up or an industrial company, we can advise you on how to adapt to these new requirements in a way that is economically viable and legally compliant.
