From supplements to services: accessibility now legally required in digital healthcare

Scope of application and sector relevance

The BaFG applies to products such as computers, notebooks, tablets, smartphones, self-service terminals (e.g. ATMs and ticket machines) and e-book readers, as well as to services such as messenger services and e-commerce services in the context of consumer contracts. As soon as a website includes interactive elements – such as contact forms, online appointment booking tools or inquiry forms – and ultimately aims to sell services to consumers, it falls within the scope of the BaFG.

As products in the healthcare and life sciences sector are frequently sold online and the BaFG specifically applies to all B2C online shops and websites, the new legal requirements are particularly relevant for online retailers of food supplements, over-the-counter medicines, medical devices and cosmetics.

However, purely informational websites without any sales intent or the ability to conclude a contract, such as blogs or news sites, are not covered by the BaFG. Likewise, the obligations do not apply to micro-enterprises offering services, or in cases where certain accessibility requirements would fundamentally alter the product or service, or impose a disproportionate burden on the business.

Key requirements and examples of measures

Essentially, services – such as the operation of an online shop – must be designed to ensure maximum accessibility, particularly for people with disabilities. The main requirements include:

• Information via multiple sensory channels (e.g. product details both as text and audio descriptions).
• Comprehensible manner (e.g. using plain language and clear instructions throughout the website).
• Text in accessible formats (e.g. ensuring compatibility with screen readers and providing alternatives, such as large print or Braille-ready files).
• Appropriate font size and style, with sufficient contrast and adjustable spacing (e.g. allowing users to increase font size, adjust spacing and apply high-contrast colour schemes).
• Alternative representation for non-text content (e.g. adding alt text to images and providing transcripts for videos).
• Coherent and robust electronic information (e.g. logically structured website navigation and compatibility with assistive technologies).
• Accessible support services when offered (e.g. customer support via accessible channels, such as live chat compatible with screen readers or video relay services for sign language users). This also applies to mobile apps, help desks, call centres, technical support, relay services and onboarding services.
• In the specific case of e-commerce services: Ensuring accessible identification, security and payment functions (e.g. designing login, authentication and payment processes for keyboard navigation and screen reader compatibility).

These examples are general recommendations only. Whether an online shop or website meets the legal requirements must be assessed on a case-by-case basis.

Compliance and next steps

The BaFG represents a significant step toward greater digital inclusion, while also introducing clear legal and practical obligations for businesses. In the case of online shops, these obligations primarily apply to the service provider, but may also extend to importers, retailers and manufacturers.

To ensure compliance, businesses – particularly those in the B2C sector – should proactively assess the accessibility of their digital offerings, including websites, mobile apps and customer service channels. Early action is recommended, as consumers may report non-compliance to the Social Ministry Service, leading to fines of up to EUR 80,000.

Given the lack of established case law and practical experience at this stage, companies are advised to monitor developments closely and seek legal or technical guidance where needed. A careful case-by-case assessment remains essential.

authors: Sarah Rosenthaler, Sarah Sayahpour