Law · Updated October 2026

Barrierefreiheitsgesetz: what applies to your website (as of October 2026)

Draft. This page has not been editorially reviewed yet. The legal review is still pending.

The Barrierefreiheitsgesetz (BaFG, Accessibility Act) only affects you if consumers can conclude a contract via your website – in an online shop or through online booking, for example. As a micro-enterprise with fewer than 10 employees and no more than EUR 2 million in turnover or balance sheet total, you're exempt for services (§ 6 Abs 1 BaFG). The law has applied since 28 June 2025. According to the WKO (Chamber of Commerce), purely informational websites and pure B2B websites aren't covered. It's enforced by the Sozialministeriumservice (Federal Office for Social Affairs and Disability).

What the law requires

§ 2 Abs 2 Z 6 BaFG
Among other things, the BaFG (Accessibility Act) applies to e-commerce services provided to consumers after 28 June 2025.
§ 3 Z 27 BaFG
E-commerce services are services provided at a distance, electronically and at the individual request of a consumer with a view to concluding a consumer contract, via websites and mobile services.
§ 3 Z 19 BaFG
A micro-enterprise is a business that employs fewer than ten people and has either an annual turnover of no more than EUR 2 million or an annual balance sheet total of no more than EUR 2 million.
§ 6 Abs 1 BaFG
Micro-enterprises that offer or provide services are exempt from the accessibility requirements under § 4 Abs 3 and all related obligations. According to the WKO, this exemption does not apply to micro-enterprises that manufacture, import or trade in products.
§ 14 Abs 1 und 2 BaFG iVm Anlage 3
Service providers may only offer services that meet the accessibility requirements under § 4 Abs 3. Providers must also make the information under Anlage 3 (Annex 3) available (including a description of how the service meets the requirements) in their terms and conditions or a similar document, also in an accessible form.
§ 21 BaFG
Unless otherwise provided, the competent authority is the Bundesamt für Soziales und Behindertenwesen (Sozialministeriumservice, the Federal Office for Social Affairs and Disability). According to the Ministry of Social Affairs, central market surveillance is based at the Upper Austria regional office.
§ 36 BaFG
Breaches are administrative offences with fines of up to EUR 80,000, EUR 40,000 or EUR 16,000 depending on the offence; lower maximum amounts apply to SMEs (EUR 50,000, EUR 25,000 or EUR 10,000). Factors taken into account include the extent of the breach, the number of people affected and repetition.
WKO-FAQ zum BaFG im E-Commerce (Auslegung, Stand 01.02.2026)
According to the WKO, the BaFG does not apply to purely informational websites without an online shop, ordering or booking option, nor to websites aimed exclusively at businesses (B2B). Whether a simple contact form brings a website within scope is disputed, according to the WKO. Online appointment booking tools for consumers are covered, according to the WKO. As the standard that gives a presumption of conformity, the WKO names EN 301 549 (which refers to WCAG 2.1).

Checklist

ItemLegal basis
Clarify whether it applies: can consumers conclude a contract online (shop, booking, ordering) – yes or no? (Purely informational website without ordering/booking: not covered according to the WKO. Contact form: disputed.)§ 2 Abs 2 Z 6, § 3 Z 27 BaFG
Document the micro-enterprise exemption (< 10 employees and turnover or balance sheet total ≤ EUR 2 million) (Applies only to services, not products. According to the WKO, the threshold refers to the whole business.)§ 3 Z 19, § 6 Abs 1 BaFG
If covered: information under Anlage 3 (accessibility information) on the website (In the terms and conditions or a similar document; the WKO recommends a separate, easy-to-find link.)§ 14 Abs 2 BaFG iVm Anlage 3
If covered: website and shop/booking accessible to EN 301 549 / WCAG 2.1 AA (Things that can be checked automatically include: alt texts on images, form labels, colour contrast, keyboard operability, the lang attribute, heading structure.)§ 4 Abs 3, § 14 Abs 1 BaFG
Images have meaningful alt texts (Good practice for exempt businesses too.)§ 4 Abs 3 BaFG (über EN 301 549)
Form fields have visible, associated labels (Especially relevant for contact, booking and checkout forms.)§ 4 Abs 3 BaFG (über EN 301 549)
Sufficient colour contrast for text (WCAG 2.1: 4.5:1 for normal text) (UNVERIFIED: the specific WCAG value comes from the standard, not from the BaFG itself; the text of the standard was not retrieved.)§ 4 Abs 3 BaFG (über EN 301 549)

Who is exempt

  • Micro-enterprises (< 10 employees and annual turnover or annual balance sheet total ≤ EUR 2 million), insofar as they offer or provide services (§ 6 Abs 1 BaFG)
  • Websites aimed exclusively at businesses (B2B) – according to the WKO FAQ, derived from the reference to consumers in § 2 Abs 2 and § 3 Z 27 BaFG
  • Purely informational websites without an online shop, ordering or booking option – according to the WKO FAQ

Common mistakes

  • You assume the BaFG applies to every website – but according to the WKO a purely informational site isn't covered.
  • You have fewer than 10 employees and no more than EUR 2 million in turnover, but don't know that you're exempt for services.
  • You sell products in an online shop and rely on the micro-enterprise exemption – according to the WKO it only applies to services.
  • Your online booking tool for private customers isn't accessible, although your business is above the micro-enterprise threshold.
  • You hide the accessibility information in a PDF that isn't accessible itself.
  • Your images have no alt texts and your form fields have no labels.
  • You confuse the BaFG with the Web-Zugänglichkeits-Gesetz (WZG, Web Accessibility Act), which applies to public bodies.

Frequently asked questions

Does the BaFG apply to my simple business website without a shop?

According to the WKO, no. The BaFG covers e-commerce services, i.e. offers through which consumers conclude a contract online (§ 3 Z 27 BaFG). Purely informational websites without an online shop, ordering or booking option are not covered, according to the WKO FAQ. Accessibility still makes sense: more people can use your site, and much of it helps with Google too.

I have a contact form. Does that bring me within scope?

That's legally disputed. The WKO describes two views: on a strict view, an interactive contact form is enough; on the other, it isn't – especially if enquiries are handled manually. There's currently no clarification from an authority or court. If you're a micro-enterprise anyway and offer services, the exemption under § 6 Abs 1 BaFG applies regardless.

When am I a micro-enterprise under the BaFG?

Under § 3 Z 19 BaFG, if you employ fewer than ten people and have either no more than EUR 2 million in annual turnover or no more than EUR 2 million annual balance sheet total. If you offer services, you're then exempt from the accessibility requirements (§ 6 Abs 1). If you sell products, this exemption doesn't apply, according to the WKO. The threshold refers to the whole business, not to individual websites.

What do I have to do if the BaFG applies to me?

Your website, including the shop or booking, must meet the accessibility requirements (§ 14 Abs 1 BaFG). As the benchmark, the WKO names the standard EN 301 549, which refers to WCAG 2.1. You must also provide information under Anlage 3 (Annex 3) – such as how your service meets the requirements – in your terms and conditions or a similar document (§ 14 Abs 2). The WKO recommends a separate, clearly visible link for this.

Who enforces it and what are the penalties?

The Sozialministeriumservice is responsible (§ 21 BaFG); market surveillance is based at its Upper Austria regional office. Consumers can report barriers there free of charge. For breaches, § 36 BaFG provides for fines of up to EUR 80,000; for SMEs, depending on the offence, up to EUR 50,000, EUR 25,000 or EUR 10,000. The amount depends on factors such as the extent of the breach and the number of people affected.

This page is not legal advice. What counts are the laws in force and the information from your chamber or your legal adviser.

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Sources

  1. RIS – § 2 BaFG (retrieved on 3 October 2026)
  2. RIS – Barrierefreiheitsgesetz (BaFG), geltende Fassung (retrieved on 3 October 2026)
  3. RIS – § 6 BaFG (retrieved on 3 October 2026)
  4. RIS – § 14 BaFG (retrieved on 3 October 2026)
  5. Sozialministerium – Barrierefreiheitsgesetz (retrieved on 3 October 2026)
  6. RIS – § 36 BaFG (retrieved on 3 October 2026)
  7. WKO – Barrierefreiheitsgesetz im E-Commerce: FAQ (retrieved on 3 October 2026)
  8. RIS – BaFG Anlage 3 (retrieved on 3 October 2026)
  9. WKO – Informationen zum Barrierefreiheitsgesetz (retrieved on 3 October 2026)

Last checked on 3 October 2026.

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