Prepare your BFSG documentation now — Audits start in 2026

Act now – before the audits begin

From January 2026, the Marktüberwachungsstelle der Länder (MLBF) will consistently check and actively request proof that organisations are meeting their documentation obligations. This refers to the complete and traceable documentation of all measures taken to comply with the requirements of the German Barrierefreiheitsstärkungsgesetz (BFSG).

For organisations that have not yet adapted their digital or physical products, now is the right time to act and record every step in a transparent way.

This article explains what matters now – and how you can ensure your documentation is compliant.

What should organisations do now to meet the documentation requirements?

The fact is: BFSG accessibility documentation will be audited – whether these checks will be announced or unannounced is still unclear. All the more reason to start your analysis now and establish a clear plan of action.

• Start with an inventory: Identify all products and services that fall under the BFSG and review which measures have already been documented.

• Develop an audit strategy: Decide how you will regularly review your digital content – for example through a combination of automated tests, manual user testing and AI-supported tools.

• Document compliance and progress: Record all measures already implemented and add planned improvements and milestones. This not only proves current BFSG compliance but also turns your documentation into a living record of continuous accessibility.

• Publish an accessibility statement: Provide the information required under Annex 3 BFSG publicly – accessible, easy to find and kept up to date.

• Establish a secure storage system: Set up an internal system that stores your documentation safely for at least five years and allows it to be accessed at any time.

• Keep everything up to date: Every change to a product or service must be documented immediately. Use versioning and change logs to keep all adjustments transparent.

Eye-Able supports you: With the Eye-Able platform, you have analysis, optimisation, documentation and monitoring of your accessibility measures all in one place – ensuring you’re prepared whenever an audit takes place.

What are the consequences of missing or incomplete documentation?

The BFSG does not specify a fixed deadline for submitting documentation. Instead, the market surveillance authority will set an “appropriate deadline” on a case-by-case basis — and its length cannot be predicted. Anyone who only reacts after receiving such a request quickly finds themselves under significant time pressure.

Missing or incomplete documentation can lead to a complete ban on distribution — and should therefore be avoided at all costs.

In addition, violations of the documentation requirement can result in fines of up to €100,000.

Why is documentation necessary in the first place?

Documentation is the key form of evidence proving that an organisation meets the accessibility requirements — or can justify any deviations. During random inspections, market surveillance authorities will request these records to verify the conformity of products and services. Without meaningful documentation, an organisation cannot demonstrate that it is acting in compliance with the law.

Who is required to document?

The obligation applies to all manufacturers of products and providers of services that fall under the BFSG — for example banks, telecommunications providers or e-commerce companies.
You can find a detailed overview in the article “BFSG: Who is affected?”

What types of documentation must be created?

Three documents are required by law: technical documentation, accessibility information, and the EU declaration of conformity.

Is an accessibility statement mandatory under the BFSG?

Yes. It must be made publicly available in an accessible format and explains to users how accessibility requirements are being met. Important: the accessibility statement complements your documentation — it does not replace it.

The Eye-Able generator for your accessibility statement

With the Eye-Able Accessibility Statement Generator, you can quickly and easily create a complete, legally compliant accessibility statement. Developed in collaboration with a specialist law firm for IT, data protection and media law, the generator automatically takes into account the different requirements for public bodies and private organisations — including country-specific regulations.

Relevant information from your Eye-Able Reports, PDF checks and the results of guided testing is automatically included and integrated into the statement. You can add your own manual test results at any time.

Whenever your status changes, Eye-Able automatically updates your statement and notifies you of new versions.

How long must the documentation be retained?

Documentation of accessibility measures must be available for at least five years after a product is placed on the market, or for the entire duration of a service.

Where must this information be published?

Organisations must make their accessibility information easy to find and accessible — for example on their website (in the footer or on a dedicated “Accessibility” page), in their terms and conditions, or within an app or digital service.

Do I need to update the documentation when my website or app changes?

Yes. Every change to products or services must be documented immediately — regardless of whether it involves new content, features or files. This ensures you can always demonstrate which parts of your website or app are currently compliant, and which older elements are archived and no longer actively maintained.

What must be documented when an organisation claims an exemption?

Exemptions are only possible in rare cases and must be well justified — for example if certain measures would be disproportionate. Organisations must explain to the market surveillance authority which requirements cannot be met and why; the authority will examine this justification very closely.

I have received a notification of formal non-conformity from the market surveillance authority. What should I do now?

First of all: stay calm, but act quickly. A formal non-conformity means that your documentation according to Annex 3 BFSG is incomplete or has not been made accessible. Common reasons include missing information or providing the required information in a format that is not accessible.

How can the Eye-Able platform support your documentation?

With Eye-Able, you don’t just get powerful features and services for comprehensive digital accessibility — you also gain a complete solution for legally compliant documentation.

Every change and every measure is automatically documented — including date and time. This means you can always prove exactly when each step was implemented. Your documentation becomes not only complete, but also legally compliant and fully transparent for the market surveillance authority.

Concretely, this means:

• Automated evidence: All actions are logged and time-stamped.

• Step-by-step guidance: Clear explanations and concrete recommendations make your documentation easy to understand.

• Always up to date: Your accessibility statement is automatically generated, regularly updated and published in a fully accessible format.

• Continuous updates: Regular checks and reports ensure your documentation is always current.

• Expert support from Eye-Able: Our accessibility specialists and support team work with you directly to ensure your documentation remains complete and compliant.

Together, we bring your documentation quickly, reliably and demonstrably into full BFSG compliance.