BFSG Inspections 2026: How German Authorities Check Your Website

BFSG enforcement is real: Since September 2025, Germany's MLBF (Market Surveillance Authority for Accessibility) actively inspects websites and digital services for accessibility compliance. Starting January 2026, inspections are intensifying and documentation requirements are being strictly enforced. This article explains exactly how authorities inspect, what they check, and how you can prepare.

The MLBF: Who Enforces BFSG Compliance?

The Marktüberwachungsstelle der Länder für die Barrierefreiheit (MLBF) – Market Surveillance Authority for Accessibility – is Germany's central enforcement body for the BFSG. All 16 German federal states agreed on this unified solution to ensure consistent enforcement across the country.

MLBF Contact Information:

Why a Central Authority?

The MLBF provides:

• Unified Standards: Same evaluation criteria across all federal states
• Specialization: Staff with expertise in digital accessibility
• Efficiency: No duplicate inspections by different state authorities
• Legal Certainty: Clear point of contact for businesses

Two Types of Inspections: Formal and Substantive

The MLBF distinguishes between two control types that examine different aspects of your BFSG compliance.

1. Formal Inspection (Document Review)

In formal inspections, your documentation and declarations are reviewed:

Documents Checked:

• ✅ Accessibility conformity declaration
• ✅ Technical documentation per BFSG Annex 2
• ✅ Disproportionality waiver evidence (if claimed)
• ✅ Accessibility statement on the website
• ✅ Feedback mechanism for user reports

Common Deficiencies:

• Missing or incomplete conformity declaration
• No publicly accessible accessibility statement
• Outdated documentation
• Non-functional feedback mechanism

2. Substantive Inspection (Practical Testing)

Substantive inspections verify whether your website or app is actually accessible in practice:

Testing Methods:

• Automated WCAG scans of the entire website
• Manual testing with screen readers (NVDA, JAWS)
• Keyboard-only navigation testing
• Color contrast and text size verification
• Form testing with assistive technologies

When and How Are Inspections Conducted?

The MLBF conducts inspections through two channels:

Random Sampling (Proactive)

The authority selects businesses based on:

• Industry Focus: E-commerce, banking, and insurance prioritized
• Company Size: Larger providers inspected more frequently
• Random Selection: Smaller providers can be inspected at any time
• Market Significance: High-traffic websites receive focus

Complaint-Based Inspections (Reactive)

Anyone can report violations:

• Consumers with disabilities
• Consumer protection organizations
• Competitors
• Disability advocacy groups

Once a complaint is filed, the MLBF must investigate – they have no discretion to decline.

The Inspection Process: Step by Step

Phase 1: Initial Contact and Document Request

1. Written notification from the MLBF
2. Response deadline (typically 2-4 weeks)
3. Document requests:
   • Conformity declaration
   • Technical documentation
   • Evidence of measures taken

Phase 2: Review

Phase 3: Results and Actions

If Compliant:

• No further action required
• Positive result documented

If Non-Compliant:

1. Remediation request (deadline: typically 4-8 weeks)
2. Follow-up inspection after deadline
3. Continued non-compliance: Fine proceedings initiated

Documentation Requirements from 2026

Starting January 2026, the MLBF is strictly enforcing documentation requirements. This means:

What You Must Document:

1. Accessibility Statement (public on your website)

   • Conformity status
   • Non-compliant content with explanation
   • Feedback options and contact details
   • Date of last review

2. Internal Documentation (provided upon request)

   • Accessibility tests performed
   • Identified barriers and remediation measures
   • Staff training records
   • Improvement timeline

3. Technical Documentation (per BFSG Annex 2)

   • Description of accessibility features
   • Standards applied (WCAG, EN 301 549)
   • Audit reports and test results

Missing Documentation = Fines

How to Prepare for Inspections

What to Do During an Inspection

1. Stay calm: Inspections are normal, don't panic
2. Cooperate: Provide quick and complete responses
3. Meet deadlines: Take all timelines seriously
4. Document: Prove your remediation efforts
5. Get expert help: Bring in consultants for complex cases

Additional Enforcement Channels

Beyond the MLBF, other actors can pursue BFSG violations:

Competition Law Warnings

The BFSG qualifies as a market conduct rule under German unfair competition law (UWG). This means:

• Competitors can send cease-and-desist letters
• Consumer protection associations can sue
• Warning costs add to potential fines

Civil Litigation

Affected individuals can:

• Sue for injunctive relief
• Demand removal of barriers
• Potentially claim damages

Frequently Asked Questions

How likely is an inspection of my business?

Likelihood depends on industry and size. E-commerce, banking, and large platforms are prioritized. However, smaller providers can be targeted at any time through complaints.

Are inspections announced in advance?

Formal inspections typically begin with a document request. However, random website scans can occur without warning.

What happens if I miss a response deadline?

A missed deadline is considered lack of cooperation and can lead to higher fines. Contact the authority proactively if you need an extension.

Can I appeal a fine?

Yes, you can file a written objection within 2 weeks of receiving the notice. Success rates are good for procedural errors by the authority.

Are micro-enterprises exempt from inspections?

No, but micro-enterprises (under 10 employees AND under €2 million turnover) are exempt from service-related requirements. Product manufacturers must still comply regardless of size.

Conclusion: Act Proactively

BFSG inspections are not a theoretical threat – they're happening. Businesses that act now have clear advantages:

• No fines: Compliance before inspection protects you
• Better negotiating position: Documented efforts are viewed positively
• Competitive advantage: Accessible websites reach more customers

Don't wait for the first inspection. Have your website checked for BFSG compliance now and close gaps before authorities find them.

Related Articles:

• European Accessibility Act 2026: What's Changed Since June?
• EAA vs ADA: Key Differences for Global Businesses
• What Does an Accessibility Audit Cost?
• E-Commerce & EAA: Requirements for Online Shops