The new Act to Strengthen Accessibility has been in force since 28 June 2025. Depending on their current level of accessibility, this will require companies – particularly online shop operators – to make significant adjustments. This article examines how the competent authority monitors compliance with the regulations. The authority responsible is a joint market surveillance body established by the federal states through an inter-state treaty.
Under Section 20 of the BFSG, monitoring compliance with the provisions of the BFSG is a matter for the federal states. However, in an inter-state treaty on the fulfilment of duties under the Act on Strengthening Accessibility, the federal states have agreed to centralise market surveillance and have resolved to establish a public-law body named the ‘Federal States’ Market Surveillance Authority for the Accessibility of Products and Services’ (MLBF). The aim is to ensure the uniform application and enforcement of the BFSG’s requirements throughout Germany. Months after the BFSG came into force, the inter-state treaty also entered into force on 26 September 2025, and the MLBF was formally established. The authority has since moved into premises in Magdeburg and launched a website, complete with contact details – for example, for submitting complaints.
A new agency based in Magdeburg
Article 2 of the State Treaty governs the establishment and operation of the agency. The agency is based in Magdeburg, meaning that the details of its operation are governed by the laws of the State of Saxony-Anhalt. The agency is funded by the federal states, but is also intended to finance itself through fines, fees and reimbursements. Lower Saxony, for example, estimates that this will result in a financial requirement of 500,000 euros for the state. The authority is initially expected to have around 70 staff members; in Saarland, the figure is estimated at around 100 employees.
Under Article 3 of the State Treaty, the central market surveillance authority will undertake the following tasks:
- Drawing up a market surveillance strategy in accordance with Section 20(2) of the BFSG;
- acting as the central point of contact for the central liaison office in accordance with Section 27 of the BFSG;
- providing information to the public and affected businesses on the applicability and implementation of the BFSG;
- coordinating measures for the market surveillance of products and services; and
- reporting to the European Commission in accordance with Section 36 of the BFSG.
Bodies of the Agency
The MLBF has a Board of Directors comprising representatives of the federal states. The Board of Directors decides on the Agency’s fundamental matters, such as its statutes, business plan, composition of the Executive Board and market surveillance strategies. The Executive Board of the Market Surveillance Authority is responsible for day-to-day operations. It is appointed for a term of six years and may be reappointed. The agency’s staff will be state civil servants.
Separate authorities for the private sector and the public sector
Supervision of the public sector and the private sector will therefore be separate. The federal states have each established market surveillance authorities to monitor compliance with the accessibility requirements set out in the BGG. These authorities will continue to carry out their duties, for example, in monitoring public sector websites.
Scope of the new authority’s inspections
The review of accessibility standards is carried out by the relevant market surveillance authority on a random basis or in response to complaints. A distinction is made between a formal and a substantive review. In a formal review, the focus is primarily on examining the documents submitted, such as the declaration of conformity or evidence regarding the possible disproportionate nature of the accessibility requirements. The substantive assessment goes further and checks whether the product or service is actually accessible, i.e. whether the requirements of the BSFG have been implemented in practice.
Sanction mechanism and fines
The BFSG provides for a tiered remedial procedure to penalise breaches of the accessibility requirements. In the event of non-compliance, a notice to comply is issued. If the business operator fails to comply with this request, fines of up to 100,000 euros may subsequently be imposed. In serious cases, this may even lead to a ban on the provision of the product or service in question.
A letter from the MLBF?
Anyone who receives a letter from the market surveillance authority regarding alleged accessibility shortcomings should have the specific allegations examined. Any appeal against a decision is governed by administrative law. Please feel free to contact us if you have any questions.