BITV 2.0: accessible websites of German public bodies

The Barrierefreie-Informationstechnik-Verordnung (BITV 2.0) is the German regulation that sets out how federal public bodies make their websites, mobile apps, intranets and electronic administrative processes accessible. Its legal basis is the Disability Equality Act (Behindertengleichstellungsgesetz, BGG), mainly §§ 12 to 12c. Authorities of the Länder and municipalities – and so usually schools as well – follow their own state rules. Businesses that sell to consumers online fall under a different law, the BFSG.

This guide is a factual overview, not legal advice.

BITV 2.0 at a glance

Who is covered? Federal public bodies

§ 12 BGG defines federal public bodies. They include:

1. Bodies exercising public authority, such as federal ministries, federal authorities and other parts of the federal administration;
2. other bodies governed by public law that serve the general interest in a non-commercial way and are mainly financed by the federal government, under its management or supervision, or have a governing board mostly appointed by it;
3. associations in which such bodies take part, if the federal government mainly finances them, holds the majority of shares or votes, or the association operates beyond a single Land.

Under § 12 BGG, "mainly financed" means that the federal government provides more than 50 percent of the funds. The Federal Accessibility Agency points out that grants also count as federal financing.

§ 12a(5) BGG exempts certain institutions and associations that offer neither services essential to the public nor services aimed specifically at people with disabilities. Under § 12a(6), a body may in exceptional cases refrain from accessible design where it would be a disproportionate burden – and must give the reasons in its accessibility statement.

Länder, municipalities and schools

BITV 2.0 applies only at federal level. In the words of the Federal Accessibility Agency, the Länder are responsible for public bodies at state level. The Länder regulate the implementation of Directive 2016/2102 for their bodies in their own rules, monitor them themselves and report to the federal monitoring body every three years under § 12c(2) BGG.

For a city administration, a district or a school run by a Land or a municipality, the law of that Land is what counts. The basic logic is the same, because all Länder implement the same EU directive: accessibility according to EN 301 549, an accessibility statement, a feedback channel and monitoring. Deadlines, responsibilities and extra duties differ, so check the law of your Land. The Federal Accessibility Agency links to the state accessibility offices and contacts in each Land.

What is covered?

Under § 2 BITV 2.0 and § 12a BGG, the duties apply to:

• websites, explicitly including intranets and extranets (§ 2a BITV 2.0);
• mobile apps on smartphones and tablets;
• electronically supported administrative processes, including electronic case handling and records management;
• graphical user interfaces integrated into these services.

Exemptions include certain reproductions from cultural heritage collections and archives that are not needed for ongoing procedures and have not been updated since 23 September 2019. Under § 12a(3) BGG, accessibility must be considered from planning, development, tendering and procurement onwards – an important point for agencies working for public clients.

Which requirements apply?

§ 3 BITV 2.0 requires services to be perceivable, operable, understandable and robust. If a service meets harmonised standards listed in the EU Official Journal, conformity is presumed. According to the Federal Accessibility Agency, that standard is EN 301 549 V3.2.1; its web requirements correspond to WCAG 2.1 level AA. Our guide to WCAG levels explains what A and AA mean.

Two points go beyond the standard:

• The highest achievable level of accessibility should be reached for central navigation and entry pages and for interactive functions such as forms, authentication, identification and payment (§ 3(4)).
• German Sign Language and Easy Language: the homepage must explain the main content, the navigation and the essential content of the accessibility statement in German Sign Language (DGS) and in Easy Language (§ 4 and Annex 2).

The accessibility statement

§ 12b BGG and § 7 BITV 2.0 require federal public bodies to publish an accessibility statement (Erklärung zur Barrierefreiheit). It must:

• itself be accessible and machine-readable, and be reachable from the homepage and from every page;
• name the content that is not accessible, give the reasons and point to accessible alternatives;
• follow the EU model statement from Implementing Decision (EU) 2018/1523;
• state whether the assessment was carried out by a third party, for example through certification, or as a self-assessment; a test report may be linked;
• be updated every year and after every significant change.

The statement must also refer to the conciliation procedure under § 16 BGG and link to the conciliation body. This body sits with the Federal Government Commissioner for Matters relating to Persons with Disabilities, and the procedure is free of charge for the parties. Recognised associations can also apply.

Our accessibility statement guide shows how such a statement is usually built. It focuses on the BFSG; federal bodies also need the mandatory items listed here.

The feedback mechanism

The statement must include a directly accessible, accessible way to make electronic contact to report barriers or ask for information (§ 12b(2) BGG). The body must reply within one month at the latest (§ 12b(4)). The Federal Accessibility Agency recommends:

• placing the mechanism prominently and within reach from every page, for example in the footer;
• a self-explanatory label such as "Barriere melden" (report a barrier);
• letting users describe the barrier and give contact details, with the address of the last visited page captured automatically;
• because it is an interactive process, aiming for WCAG 2.1 level AAA where possible.

Who monitors?

The Federal Monitoring Body for the Accessibility of Information Technology (Überwachungsstelle des Bundes für Barrierefreiheit von Informationstechnik) is set up at the Federal Accessibility Agency (§ 13(3) BGG). It regularly checks whether and to what extent federal websites and mobile apps are accessible, advises the bodies it checks, evaluates the reports of the supreme federal authorities and the Länder, and prepares Germany's report to the European Commission. The monitoring method follows Implementing Decision (EU) 2018/1524 (§ 8 BITV 2.0).

The supreme federal authorities report on the state of their accessibility every three years and set binding measures and timelines for removing further barriers (§ 12c(1) BGG). BITV 2.0 contains no system of fines like § 37 BFSG; enforcement works through monitoring, reports, feedback and conciliation.

BITV 2.0 and the BFSG: the difference

One organisation can be covered by both – for example a public company that also runs an online shop for consumers. The details of the BFSG are in our BFSG guide.

The BIK BITV-Test

Searching for "BITV-Test" leads to the BIK BITV-Test. BIK stands for "barrierefrei informieren und kommunizieren" (accessible information and communication). The procedure goes back to research projects funded by the Federal Ministry of Labour and Social Affairs and is developed further by DIAS GmbH. It is a manual test procedure: testers from a test centre in the BIK BITV-Test network assess a representative selection of pages, supported by tools such as browser extensions. The result is a test report on conformity with BITV 2.0 and EN 301 549. The mark "BIK BITV-konform (geprüfte Seiten)" only speaks for the tested pages, and under the BIK rules it may generally not be used if the website runs an overlay tool.

BITV 2.0 does not require this or any other specific test. Read more about test reports and seals in our article on accessibility certificates.

What you can do now

1. Clarify which law applies: federal (BITV 2.0) or Land and municipality (state law).
2. Check the technology: our free check shows automatically detectable WCAG 2.2 A/AA issues on one page; weekly monitoring checks whole websites regularly.
3. Add manual testing: keyboard and screen reader tests, forms and administrative processes – automated tests only detect part of the requirements.
4. Provide the statement, feedback mechanism, DGS and Easy Language and update them every year.

Our check is an automated check, not a full audit and not a BITV-Test, and it is not legal advice.

Frequently asked questions

Who does BITV 2.0 apply to?

To federal public bodies as defined in § 12 BGG: federal authorities and other bodies exercising public authority, plus certain institutions and associations that are mainly financed or supervised by the federal government. State and municipal bodies follow state law.

Which standard does BITV 2.0 require?

Websites and apps must be perceivable, operable, understandable and robust. Conformity is presumed for content that meets the harmonised standards published in the EU Official Journal. That is EN 301 549, currently version V3.2.1, based on WCAG 2.1.

What must the accessibility statement contain?

Which content is not accessible and why, accessible alternatives where available, an electronic feedback mechanism and a reference to the conciliation procedure under § 16 BGG with a link to the conciliation body. It must be updated every year.

Who monitors federal websites?

The Federal Monitoring Body for the Accessibility of Information Technology at the Federal Accessibility Agency (Bundesfachstelle Barrierefreiheit). It regularly checks federal websites and apps and advises the bodies it checks. The Länder monitor their own bodies.

Is the BIK BITV-Test mandatory?

No. BITV 2.0 does not prescribe a specific test procedure. The statement must say whether the assessment was done by a third party or as a self-assessment. The BIK BITV-Test is one manual test procedure that can be used for this.

What is the difference between BITV 2.0 and the BFSG?

BITV 2.0 applies to federal public bodies and implements EU Directive 2016/2102. The BFSG applies to businesses that offer certain products and services to consumers, such as online shops, and implements the European Accessibility Act.

Sources

• Barrierefreie-Informationstechnik-Verordnung (BITV 2.0) on gesetze-im-internet.de
• Behindertengleichstellungsgesetz, § 12, § 12a, § 12b, § 12c, § 13, § 16 on gesetze-im-internet.de
• Bundesfachstelle Barrierefreiheit: FAQ on the EU Web Accessibility Directive, requirements for the feedback mechanism, EU requirements (in German)
• BIK BITV-Test: home page, BIK BITV-Test (Web), test marks, about BIK (in German)