More regulation in e‑commerce: what is BFSG and what does it mean for your online business?

Digital accessibility — what it actually is ♿️

Digital accessibility means adapting websites, apps and their digital content in such a way that they can also be used by people with disabilities or functional limitations. According to the Act, online services should be “perceptible, navigable, understandable and stable”. Manufacturers must ensure that the product is accessible through more than one sense to offer alternatives to:

• visual elements (e.g. voice or touch control)
• auditory features (e.g. vibration, visual alert by flashing screen),
• spoken elements (text or touch control),
• tactile elements (e.g. voice commands).

Who is concerned 

The European accessibility act applies to manufacturers, importers, distributors of selected products and providers of selected services intended for consumers, specifically for these products and services: 

Exceptions

If you fall into a category covered by the Regulation but are also a micro-enterprise with fewer than 10 employees and an annual turnover of less than €2 million, you are exempt. 

Similarly, you can avoid complying with the Regulation if it would require a fundamental change to the product or service or would impose an unreasonable burden on you. In this case, you must provide an assessment. 

Who is not concerned

The law does not apply to 

• generally for products placed on the market no later than 28 June 2025 and for services provided by 28 June 2025
• self-service terminals installed as an integral part of a means of transport
• electronic communication services, where the communication is exclusively machine-to-machine
• the content of websites and mobile applications, which is a map and a related online mapping service, provided that basic navigable information is provided in a digital form that meets accessibility requirements
• the content of websites and mobile applications that have not been created or funded by the service provider (i.e. where you do not fund, create or have control over the content). 

What to watch out for in practice ⚠️

If you are an e‑tailer and marketer, focus on meeting the following requirements:

• Accessible content: text should be understandable and usable by screen readers that provide text and visual content in speech output or Braille.
• Adequate colour contrast: Ensure that text is easy to read.
• Keyboard Control: Enable web navigation using a keyboard for people with impaired motor skills.
• Accessibility information for products and services: If the manufacturer or provider provides accessibility information, you should include it.
• Alternative text to images: It is important for blind and partially sighted users to describe images in alternative text so that they can understand them using screen readers. This also applies to images in your product offers and advertisements.
• Accessible documents: If you provide downloadable documents (e.g. terms and conditions), they should be available in accessible formats.
• Clear information about how the service works: Provide clear and easily accessible information about how your e‑shop works.

What I face for not complying with the regulation 🤑

The Regulation will come into force on 28 June 2025 and will apply to products and services (see above) placed on the market after that date. 

Compliance with the law will be controlled by local authorities and other specific authorities depending on the type of service. Fines may be imposed in the event of a breach, with fines of up to CZK 10 million for serious offences.

Digital accessibility at Kaufland 

The law is a relatively recent innovation that many e‑commerce players are just learning about. Kaufland was one of the first to respond, allowing retailers to insert alternative text to product images. If you advertise on Kaufland, follow these steps: 

1. Go to your product details.
2. Click on the relevant menu and view the product details in the tab.
3. Go to the pictures. 
4. In the “Your new design” section, hover the cursor over the desired image. The pencil symbol will then appear. If you click on it, a new window will open and you can save alternative text for the image. 

Conclusion 

The Accessibility Requirements for Products and Services Act will come into force on 28 June 2025. However, many manufacturers and distributors are not yet aware of it. While compliance with these regulations is everyone’s responsibility, there will be fines for any non-compliance, so we recommend keeping an eye on new developments in the law and implementing the regulations.