The Austrian Accessibility Act (BaFG) represents the translation of Directive (EU) 2019/882 (European Accessibility Act - EAA) into national law; it was published in Federal Law Gazette I No. 76/2023 on 19 July 2023. From 28 June 2025, the Act will take effect for new products placed on the market or new services offered. Pursuant to Section 1 BaFG, the Act is seeking to enable persons with disabilities to lead a self-determined life in the digital space through binding accessibility requirements.
Scope of application of the Accessibility Act
The personal and material scopes of application of the Act are broad. Section 2 (1) covers various products such as hardware systems for universal computers, self-service terminals, consumer terminals with interactive features and e-book readers.
In practice, it appears particularly relevant that Section 2 (2) BaFG covers "services in electronic commerce in the context of a consumer contract". This includes
- webshops and mobile applications
- hotel booking and travel portals with transaction functions
- online appointment booking systems
- websites for digital subscriptions and memberships
Section 6 (1) BaFG contains an important exemption for micro-enterprises which provide services. Section 3 sub-para. 19 BaFG defines micro-enterprises as enterprises which employ fewer than ten staff members and whose annual sales or annual balance sheet total does not exceed EUR 2 million. It is important to note that the exemption does not apply to micro-enterprises manufacturing products.
Material requirements for the accessibility of digital services
In conjunction with Annex 1, Section 4 BaFG states that it must be possible for persons with disabilities to find, access and use products and services in a customary manner, without particular difficulty and, in principle, without outside assistance. Perceptibility with at least two senses is a general principle.
Control mechanisms and sanctions
Compliance with the accessibility requirements is monitored by the Federal Office for Social Affairs and Disability (Sozialministeriumsservice) pursuant to Section 21 BaFG. This authority has extensive powers of inspection and is authorised to order appropriate measures in the event of infringements.
Under Section 36 BaFG, infringements of the Accessibility Act in Austria are subject to severe administrative penalties:
- Fines of up to 80,000 euros for serious offences.
- Reduced maximum penalties of 50,000 and 25,000 euros apply to SMEs and micro-enterprises.
- The assessment is based on the scope of the infringement, the number of products or services concerned and the number of persons affected.
- The fines go to the support fund for persons with disabilities.
Therefore, please ensure the accessibility of your e-commerce services in the context of consumer contracts! The KWR Data Protection Team will be happy to assist you!