Austria’s Accessibility Act (BaFG): who must comply and what is at stake
Austria’s Accessibility Act (Barrierefreiheitsgesetz, BaFG, Federal Law Gazette I No. 76/2023) transposes the European Accessibility Act. Since 28 June 2025, online shops, banks, telecom and transport providers must make their consumer services accessible, unless they are micro-enterprises. The Sozialministeriumservice supervises, and fines reach €80,000.
Updated October 14, 2026 · 7 min read · How we write and check our guides
| Question | Answer |
|---|---|
| Law | Federal Act on accessibility requirements for products and services (Barrierefreiheitsgesetz – BaFG), BGBl. I No. 76/2023 |
| Applies since | 28 June 2025 (§ 37(1)) |
| Who must comply | Providers of the consumer services listed in § 2(2), such as online shops, plus manufacturers, importers and distributors of covered products |
| Exemption | Micro-enterprises that provide services (§ 6(1)) |
| Supervisor | Sozialministeriumservice, the Federal Office for Social Affairs and Disability (§ 21) |
| What to publish | Accessibility information under Annex 3, in written and oral form, accessible (§ 14(2)) |
| Maximum fine | €80,000; €50,000 for micro, small and medium-sized enterprises (§ 36(1)) |
| Technical reference | EN 301 549, harmonised version V3.2.1, based on WCAG 2.1 AA |
Who must comply with the BaFG?
Under § 2(2) the BaFG covers these services provided to consumers after 28 June 2025:
- electronic communications services (except emergency calls and machine-to-machine services),
- services giving access to audiovisual media services,
- elements of air, bus, rail and waterborne passenger transport: websites, mobile apps, e-tickets, travel information and interactive self-service terminals (urban, suburban and regional transport: terminals only),
- consumer banking services,
- e-books and dedicated software,
- e-commerce services, meaning online shops and other consumer contracts concluded through a website or app.
The obligations fall on “economic operators”: service providers for these services and, for products such as computers, smartphones, payment terminals or e-readers, manufacturers, authorised representatives, importers and distributors. A shop that sells only to businesses (B2B) does not serve consumers, and a company website without online contracts is not an e-commerce service.
Is there an exemption for micro-enterprises?
Yes, for services. A micro-enterprise employs fewer than ten people and has annual turnover of at most €2 million or an annual balance sheet total of at most €2 million (§ 3 no. 19). Under § 6(1) such companies are exempt from the accessibility requirements for services and all related obligations.
Two details matter:
- The exemption covers services only. Micro-enterprises that make or sell covered products must meet the requirements; they only get lighter documentation duties.
- A company relying on the exemption must hand the Sozialministeriumservice the documents needed to check it on request (§ 24(2)).
To test whether your company is covered, use the three questions in our guide on who the EAA applies to.
What must the accessibility information contain?
Under § 14(2) the service provider prepares the information set out in Annex 3 and makes it available to the public in written and oral form, including in an accessible form, for as long as the service is offered. Annex 3 mirrors Annex V of Directive 2019/882. The information goes into the general terms and conditions or an equivalent document and includes, where applicable:
- a general description of the service in accessible formats,
- descriptions and explanations needed to understand how the service works,
- a description of how the service meets the accessibility requirements.
Providers may rely on harmonised standards such as EN 301 549. For a shop, a separate “Accessibility” page linked from the footer and the terms works well. Our guide to accessibility information explains the structure, and the statement generator produces a first draft.
§ 14 also requires procedures that keep the service compliant (para. 3), corrective action and a report to the Sozialministeriumservice when the service does not comply (para. 4), and documents in German or English on a reasoned request (para. 5).
Who supervises the BaFG?
The Federal Office for Social Affairs and Disability (Sozialministeriumservice) is the competent authority under § 21. When it has sufficient reason to believe a service does not meet the requirements, it opens an investigation (§ 25), and the company must cooperate fully. If it finds shortcomings, it orders measures for services under § 28, such as bringing the service into conformity. Unlike Germany, Austria uses one federal authority rather than a joint body of the federal states.
How can consumers report a breach?
Under § 35 consumers can notify the Sozialministeriumservice of possible breaches. The same right belongs to the Association for Consumer Information (VKI), the Austrian Disability Council, the Federal Chamber of Labour and the Austrian Economic Chamber. The authority must examine the notice and tell the sender within eight weeks, in writing and in an accessible format, whether it opens proceedings, giving reasons if it does not.
What fines does the BaFG set?
The Sozialministeriumservice imposes administrative fines under § 36:
| Breach (examples) | Maximum fine | Micro, small and medium-sized enterprises |
|---|---|---|
| Offering or providing a service contrary to § 14(1) (§ 36(1)) | €80,000 | €50,000 |
| Not preparing the information under § 14(2) and Annex 3, or preparing it wrongly; no corrective action (§ 36(2)) | €40,000 | €25,000 |
| Not providing or keeping the information, not informing the authority, not cooperating (§ 36(3)) | €16,000 | €10,000 |
The amount depends on the scope of the breach, the number of services and people affected and whether it is repeated (§ 36(4)). Fines go to the support fund for people with disabilities.
What transitional periods apply?
- Services may keep using products lawfully used before 28 June 2025 until 28 June 2030.
- Service contracts concluded before 28 June 2025 run until they expire, for at most five years, so until 28 June 2030.
- Self-service terminals may stay in use until the end of their economic life, at most until 28 June 2040 (§ 37).
For an online shop this rarely helps: every new order is a new contract.
How does the BaFG differ from Germany’s BFSG?
Both laws transpose the same directive, so the list of services, the micro-enterprise exemption and the content of the information are the same. Supervision and fines differ:
| Austria: BaFG | Germany: BFSG | |
|---|---|---|
| Supervisor | Sozialministeriumservice (federal authority) | Market surveillance body of the federal states (MLBF), Magdeburg |
| Maximum fine | €80,000 (€50,000 for SMEs) | €100,000 |
| Fine for missing information | up to €40,000 or €16,000 | up to €10,000 |
| Micro-enterprise exemption for services | yes, § 6 | yes, § 3(3) |
Austrian shops selling to Germany should know both laws. Details on the German act: BFSG and website accessibility.
What about Switzerland?
Switzerland is not in the EU and has not adopted the European Accessibility Act. Its Disability Discrimination Act sets different rules for private companies; Swiss shops selling to consumers in Austria should check whether the BaFG applies to that offer. More: accessibility law in Switzerland.
What should you do now?
- Check whether the law applies: consumer sales, a covered service, not a micro-enterprise.
- Test the key pages: home page, category, product, cart, checkout, customer account. Our free check and the EAA checker show the problems that can be found automatically.
- Fix what blocks a purchase first: form fields without labels, buttons without names, missing focus, low contrast.
- Check manually: keyboard, screen reader, zoom; see the WCAG 2.2 checklist.
- Publish the Annex 3 information and have a lawyer review it.
- Monitor continuously, because theme and plugin updates bring new problems.
Pandus checks your website automatically against WCAG 2.2 AA, explains the results in German, English and five other languages for owners and developers, monitors weekly and drafts the accessibility information from a questionnaire. It is an automated check, not a full audit, and not legal advice. The European framework is explained in our EAA guide.
Frequently asked questions
When did the Austrian Accessibility Act start to apply?
The BaFG (Federal Law Gazette I No. 76/2023) entered into force on 28 June 2025 (§ 37(1)). It covers services provided to consumers after that date.
Does the BaFG apply to small online shops?
Not to micro-enterprises providing services: fewer than ten employees and annual turnover or balance sheet total of at most €2 million (§ 3 no. 19, § 6(1)). Other shops selling to consumers are covered.
Who enforces the BaFG?
The Federal Office for Social Affairs and Disability (Sozialministeriumservice), under § 21. It carries out market surveillance and imposes the administrative fines.
How high are the fines under the BaFG?
Up to €80,000 for offering a service that does not meet the requirements, up to €50,000 for micro, small and medium-sized enterprises. Missing or faulty accessibility information: up to €40,000 or €25,000 (§ 36).
Can consumers report a breach?
Yes. Consumers and the VKI, the Austrian Disability Council, the Federal Chamber of Labour and the Austrian Economic Chamber can notify the Sozialministeriumservice, which must answer in writing within eight weeks (§ 35).
Sources
- Barrierefreiheitsgesetz, BGBl. I No. 76/2023: RIS, Austrian legal information system (check the consolidated version in the RIS for later amendments)
- Text as adopted by the National Council, 2046 der Beilagen XXVII. GP: Austrian Parliament
- Directive (EU) 2019/882, Annex V: EUR-Lex
- German Accessibility Strengthening Act, § 37 (comparison): gesetze-im-internet.de
Last checked: 14 October 2026. This page is general information, not legal advice.