Disability Equality Act (BGG)

Disability Equality Act (BGG) Explained

The Disability Equality Act (Behindertengleichstellungsgesetz, BGG) is the German federal law that aims to eliminate and prevent discrimination against people with disabilities and to ensure their equal participation in society (section 1 BGG). It primarily obliges public authorities and federal public bodies, not private companies across the board. The BGG came into force on 1 May 2002 and was comprehensively reformed in 2016.

In short: The BGG sets equality and accessibility rules at federal level, including digital accessibility under sections 12a to 12d. A reform that is also meant to include private providers is pending in the Bundestag and has not been passed as of 27 October 2026.

Current: 2026 BGG reform

On 11 February 2026, the federal government adopted a draft act amending the BGG (Bundestag document 21/5140). According to the Bundestag (in German), reasonable accommodation is to apply in future to private providers of goods and services too, as long as this does not impose a disproportionate burden; no new accessibility standards are to be set. The Bundestag held the first reading on 7 May 2026, and a public hearing took place on 22 June 2026. Status on 27 October 2026: the draft has not been passed. The BMAS (in German) states that the reform is being dealt with in parliament, and a press report dated 23 October 2026 (buerger-geld.org, in German) states that no final vote has taken place. Until it is promulgated, the existing text applies.

Who does the BGG apply to?

• Federal public authorities: units and institutions of the federal administration including federal corporations, institutions and foundations under public law, entrusted bodies under federal supervision, and other federal bodies performing administrative tasks (section 1(1a) BGG)
• Federal public bodies (section 12 BGG) for the digital accessibility of websites, mobile applications and administrative processes
• State administrations where they implement federal law (section 1(2) BGG)
• Private companies: not across the board. Owners, holders and operators of facilities and installations can, however, be subject to an arbitration procedure under section 16(2) BGG.

Key contents

• Accessibility in construction and transport (section 8) and in information technology of federal public bodies (sections 12a to 12d)
• Prohibition of discrimination for public authorities (section 7 BGG, in German). Where an accessibility obligation is breached, discrimination is presumed unless rebutted.
• Reasonable accommodation: Measures that are suitable and necessary in the individual case so that a person with a disability can exercise all rights on an equal basis with others, and that do not impose a disproportionate or undue burden on the public authority. Denying them counts as discrimination under section 7(2) BGG. See our glossary entry on reasonable adjustment.
• Sign language and communication aids (section 9) as well as comprehensibility and Easy Language (section 11), in particular for notices and forms (section 10)
• Arbitration procedure before the arbitration body (section 16 BGG): out-of-court and free of charge for the parties
• Right of associations to sue (section 15 BGG) for recognised associations, as a rule only after an arbitration procedure against a public authority

BGG, BITV 2.0, BFSG and EAA

BITV 2.0 is based on the BGG (ordinance authorisation in section 12d BGG). Under section 3 BITV 2.0, compliance is presumed where offerings meet harmonised standards cited in the Official Journal of the EU; for web content this means EN 301 549 and therefore WCAG. The Barrierefreiheitsstärkungsgesetz (BFSG) is a separate act: it implements Directive (EU) 2019/882 (the European Accessibility Act) and applies to private providers of certain products and services. The concept of reasonable accommodation goes back to Article 2 of the UN Convention on the Rights of Persons with Disabilities (CRPD), which according to the BMAS has shaped German disability policy since 2009.

What does this mean for websites?

Under section 12a BGG, federal public bodies design their websites and mobile applications, including intranets, and their electronically supported administrative processes to be accessible. This includes an accessibility statement with a feedback mechanism and a reference to the arbitration body (section 12b BGG); the body replies to messages received through it within one month at the latest (section 12b(4) BGG). The Federal Monitoring Body for the Accessibility of Information Technology checks the offerings periodically (section 13(3) BGG). Exceptionally, bodies may refrain from accessible design to the extent they would be disproportionately burdened (section 12a(6) BGG).

For new acquisitions, extensions and revisions, accessibility must be considered during planning, development, tendering and procurement (section 12a(3) BGG). Anyone maintaining a website for federal authorities should therefore plan accessibility into concept, design and editorial process from the start. You will find technical basics for TYPO3 websites in our glossary.

Status: 27 October 2026. General information, not legal advice. For binding advice, please consult a qualified lawyer. Sources: BGG, BITV 2.0, Directive (EU) 2016/2102, German Bundestag, BMAS: BGG.