Operators of online shops must prepare for the BaFG (Austrian Accessibility Act), which comes into effect on 28.6.2025 and introduces new obligations. The following article presents some regulations of the BaFG related to online shops.

Scope of Application

The BaFG applies to certain products that will be placed on the market after 28.6.2025 (e.g., mobile phones, interactive television devices, consumer computers, e-book readers). It also applies to certain services provided to consumers after 28.6.2025.

In particular, it also covers services in e-commerce. This means that operators of online shops, booking portals, or websites where digital memberships/subscriptions can be concluded must comply with the BaFG if they are for consumers. Even online booking tools for hairdressing services are considered to be covered in guidelines for the German counterpart (BFSG). Pure information pages, private websites, and pure B2B online shops, however, are not covered.

Existing Online Shops?

While the BaFG provides transition periods for certain products or services, the operation of online shops itself is not included. Also online shops existing already before 28.6.2025 must therefore comply with the requirements of the BaFG from that date, insofar as none of the following exceptions applies.

Exception for Microenterprises

Microenterprises that offer or provide services are exempt from fulfilling the accessibility requirements regarding those services. They also do not need to create an accessibility statement. However, upon request from the Sozialministeriumsservice, all necessary documents for a review of the exception must be made available.

 Microenterprises are businesses that

• employ fewer than 10 persons and

• either achieve an annual turnover of no more than 2 million Euros or have an annual balance sheet total of no more than 2 million Euros.

Operators of online shops do not have to meet the accessibility requirements for the online shop if they remain below these thresholds. It is important to note that it is not about the turnover from the online shop, but the total company turnover is relevant.

Considering that the company should ideally grow, it should especially be considered from a practical standpoint when establishing a new online shop to design the website accessible from the outset, as subsequent adjustments may involve greater effort.

Note: This exception does not apply to products covered by the BaFG – there are, however, certain facilitations for microenterprises with respect to products.

Exception in case of Fundamental Alterations and Disproportionate Burdens

Accessibility requirements do not have to be met by providers insofar as

• their compliance would lead to a fundamental alteration to the product or service, or

• their compliance would result in a disproportionate burden (e.g., excessive financial burden) on the affected economic actors. Criteria for assessing whether a disproportionate burden exists are listed in Annex 4 of the BaFG.

  • Note: Relying on this exception is not possible if the provider has received external resources for the purpose of improving accessibility.

The BaFG also includes further obligations related to these exceptions (documentation, recording, transmission of information to authorities).

Note The fact that certain measures may be disproportionate does not mean that the provider can ignore all obligations under the BaFG.

Exception for Certain Content

The BaFG does not apply to the following content on websites and apps:

• Recorded time-based media (e.g., video and audio files) as well as file formats of office applications (e.g., PDFs) published before 28.6.2025;

• Online maps and mapping services, provided that essential information for navigation purposes is made accessible in digital form;

• Content from third parties, which is neither financed nor developed by the concerning economic actor, i.e., the online shop operator, nor falls under their control;

• Content that is considered archival and therefore will not be updated or revised after 28.6.2025.

Mandatory Accessibility Requirements

Economic actors may only place products on the market and offer or provide services that comply with the accessibility requirements in Annex 1 of the BaFG.

For online shops, this means that the provision of information about how the service works, as well as regarding its accessibility features and interoperability with aids and tools, must meet the following requirements:

• The information is

  • provided over more than one sensory channel;

  • presented in an understandable manner;

  • preseneted in a way that users can perceive;

  • shown in a font with an appropriate size and suitable type, considering foreseeable usage conditions, sufficient contrast, and adjustable spacing between letters, lines, and paragraphs.

• The content will be made available in text formats suitable for generating alternative assistive formats.

• An alternative representation of the content is offered when elements with non-text content are included.

• The electronic information required for the provision of the service is provided in a coherent and appropriate manner, ensuring it is perceivable, operable, understandable, and robust.

The accessibility of identification, security, and payment functions, when these are not provided as a product but as part of a service, must also be ensured through their perceivable, operable, understandable, and robust design. Additionally, methods of identification, electronic signatures, and payment services that are perceivable, operable, understandable, and robust must be provided.

Accessibility Statement

Online shops must include an accessibility statement unless the exception for micro-enterprises applies.

It must be stated in the terms and conditions or a similar document how the service meets the accessibility requirements. Including it in the terms and conditions is not recommended due to Austrian jurisprudence under the Consumer Protection Act (KSchG). Instead, a button “Accessibility Statement” that links to the corresponding text on the website can be implemented.

The accessibility statement must include, among other things, the following content:

• a general description of the service in an accessible format;

• Descriptions and explanations necessary for understanding the provision of the service; 

• a description of how the service meets the relevant accessibility requirements. 

(Further required content can be found in Annex 3 of the BaFG).

Since public institutions have had similar obligations under the WZG for some time, looking at their websites can be a helpful source of information or inspiration. 

Considering the administrative fines of up to EUR 80,000 that may result from violations of the BaFG, companies should promptly consider whether they need to fulfill the obligations under the BaFG. Please feel free to contact ZEMANN IP if you have questions about the BaFG.