Websites and the BaFG: The Facts

The Austrian Accessibility Act (Barrierefreiheitsgesetz, BaFG) was published on 19th July 2023, and implements the EU Directive 2019/882 (European Accessibility Act, EAA). The law will come fully into effect on 28th June 2025, and obligates companies to comply with accessibility requirements for products and services, including digital offerings such as websites and mobile applications (smartphone apps).

Purpose of the Law

The BaFG aims to improve access to products and services for people with disabilities, thereby promoting an inclusive society. It is based on the principle of universal design, which ensures that all people can access digital content with as few restrictions as possible.

Who is Affected?

The BaFG applies to all companies offering products and services in Austria. Affected entities include:

• Websites and online shops in the B2C sector (e.g., FH Technikum Wien, Sonnentor).
• Electronic communication services (e.g., WhatsApp).
• Platforms for audiovisual media services (e.g., ORF Mediathek).
• Online ticketing services and passenger transport providers (e.g., ÖBB Tickets).
• Banking and other digital financial services (e.g., Flatex).

How Must Websites Be Designed?

The details can be found in Annex 1, Section 6 of the BaFG. Below is a brief summary:

• Visual Impairments: Blind and visually impaired individuals must be provided with a way to navigate the website beyond visual elements. It is also essential to offer alternatives for interactions that do rely on color differentiation. Example: The structure of the website must be compatible with screen readers.
• Auditory Impairments: Deaf and hard-of-hearing individuals must be provided with alternatives or enhanced auditory interaction options. Example: Videos must be equipped with subtitles.
• Speech Impairments: If voice input is required, there must also be an alternative method of interaction. Example: If a product search via voice input is offered, text input must also be available.
• Limited Motor Skills/Strength: There must be a way to interact that does not require fine motor control. Example: The website must be navigable using the keyboard.
• Photosensitive Seizures: Elements that can trigger photosensitive seizures should be avoided. Example: Don't use videos with strong strobe effects.
• Cognitive Impairments: There must be a form of interaction that simplifies the use of the website. Example: Explanations in plain language for complex forms.
• Data Protection: Data privacy must be maintained when using accessibility features. Example: It must not be recorded which user utilizes the simplified language option.

There are no specific details in the law regarding the practical implementation of these points. However, a website operator is generally well-prepared if the standards of the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA, are adhered to.

Accessibility Statement

Operators of websites and digital services that fall under the BaFG are required to provide an accessibility statement on their website. This statement should document compliance with accessibility standards and inform users about the measures implemented to ensure accessibility. The following elements must be included:

• Compliance Status: Explanation of the extent to which the website meets the legal requirements.
• Possible Limitations: Listing of content or areas that are currently not accessible.
• Feedback Options: Contact information for users to report barriers and suggest improvements.

Exceptions and Special Regulations

Some content and companies are exempt from the requirements:

• Microenterprises: Companies with fewer than 10 employees and an annual turnover or balance sheet total of less than 2 million euros are not required to implement the measures.
• Old Content and Archives: Content published before 28th June 2025 that does not support active transactions is exempt.
• Disproportionate Burden: If the implementation results in an unreasonable economic burden, an exemption can be requested. However, this must be proven in detail.

Consequences of Non-Compliance

People with disabilities can report violations to the Sozialministeriumservice. In cases of an initial report or a minor violation, the principle of “advice before punishment” applies. However, if the barrier is not resolved within the specified timeframe, a fine of up to EUR 80,000 may be imposed (BaFG, Section 8, §36).

Our Recommendation

If you are a website operator subject to the legal regulations, we recommend not waiting until the last moment to implement the requirements. Depending on the size and complexity of your site, this process can be time-consuming. Additionally, there is a risk that a weak technical foundation could further increase costs. Therefore, have your website checked for accessibility early on and allow enough time for necessary adjustments! Without any ulterior motive, we would like to point out our service for accessibility testing of existing websites.

If you are planning a new website, consider accessibility from the beginning. If you want to learn what to keep in mind, we also offer a workshop to raise awareness about accessibility. This way, you save time and money.

For more information on what it means to make a website accessible, what you can test yourself, and why an accessible website usually has a solid technical foundation, stay tuned for our next articles. See you soon!