BITV 2.0

The ordinance addresses federal public bodies. Section 12 of the Disability Equality Act (BGG) defines who these are: bodies exercising public authority, other bodies governed by public law that are predominantly financed by the Federation or subject to its supervision, and certain associations with federal participation. Predominant federal financing is assumed where the Federation provides more than 50 percent of total funds.

The duty itself sits in Section 12a BGG. Federal public bodies must make their websites and mobile applications accessible, expressly including intranet offerings intended for their own staff. Their electronically supported administrative processes had to be made accessible in stages, at the latest by 23 June 2021.

Section 12a (6) BGG allows an exception: a body may refrain from accessible design where doing so would impose a disproportionate burden. Section 12a (5) BGG further exempts websites and mobile applications of certain federal public bodies that offer no services essential to the public.

Section 3 (1) BITV 2.0 requires that covered offerings be perceivable, operable, understandable and robust. Under Section 3 (2), compliance is presumed where the offerings conform to harmonised standards that have been cited in the Official Journal of the European Union. Where something is not covered by harmonised standards, Section 3 (3) applies the state of the art.

For central navigation and entry points, and for interactive offerings such as forms and authentication, identification and payment processes, Section 3 (4) requires that the highest possible level of accessibility be sought.

Section 4 adds a requirement with no counterpart in European law: the homepage of a public body website must provide explanations in German Sign Language and in Easy Language covering the essential content, guidance on navigation, an explanation of the essential content of the accessibility statement, and pointers to further sign language and Easy Language material on the site. The production requirements for both are set out in Annex 2 of the ordinance.

Under Section 2a (1), websites addressed only to a defined group of people are also covered, meaning intranets and extranets. Section 2 (2) exempts, among other things, certain reproductions from heritage collections and archives that are neither needed for active administrative procedures nor updated or revised after 23 September 2019.

Every federal public body publishes an accessibility statement under Section 12b BGG. It names the parts that are not accessible and the reasons, provides a directly reachable way to make contact electronically, and points to the conciliation procedure under Section 16 BGG with a link to the conciliation body. Messages and enquiries must be answered within one month at the latest.

The deadlines are in Section 12b (3) BGG. For websites not published before 23 September 2018, the duty applies from 23 September 2019. For all other websites it applies from 23 September 2020. For mobile applications it applies from 23 June 2021.

Section 7 BITV 2.0 adds the formal requirements: the statement must be published in an accessible and machine-readable format and must be reachable from the homepage and from every page of a website. Its mandatory content follows Section 1 of the Annex to Commission Implementing Decision (EU) 2018/1523. It must rest on an actual assessment, and the statement must say whether that assessment was carried out by a third party or by the body itself. It must be updated annually and after every substantial change.

Section 13 (3) BGG establishes the Federal Monitoring Body for Accessibility of Information Technology at the Federal Agency for Accessibility. It monitors periodically whether the websites and mobile applications of federal public bodies meet the requirements, advises those bodies on the findings, evaluates the reports, and prepares the German report to the European Commission. The Federal Agency itself is established at Deutsche Rentenversicherung Knappschaft-Bahn-See under Section 13 (1) BGG.

The monitoring procedure follows Section 8 BITV 2.0 and the methodology of Commission Implementing Decision (EU) 2018/1524. Ad hoc checks and repeat checks are possible.

Anyone who believes a right under the BGG has been infringed may apply to the conciliation body under Section 16 BGG to open a conciliation procedure. It is established at the Federal Government Commissioner for Matters relating to Persons with Disabilities. In addition, recognised associations may seek legal protection on behalf of affected people under Section 14 BGG.

This system provides for no fine. Neither the BITV 2.0 nor the BGG contains a penalty provision.

For how the requirements of the BITV 2.0 are met in practice, see the topic page on the BITV 2.0. Related fact pages: the fact page on the BFSG, the fact page on the WCAG and the fact page on fines and sanctions. All fact pages are listed on the facts overview.

The BITV 2.0 is not the BFSG. The BITV 2.0 binds federal public bodies; the German Accessibility Strengthening Act binds economic operators in the private sector. The two rest on different European instruments: the BITV 2.0 on Directive (EU) 2016/2102, the BFSG on Directive (EU) 2019/882.

The BITV 2.0 does not apply to public bodies of the federal states or to municipalities. Those are covered by state equality acts and state ordinances on accessible information technology.

The BITV 2.0 does not name the WCAG. Its technical benchmark is the set of harmonised standards cited in the Official Journal of the European Union. The WCAG take effect only indirectly, because the harmonised standard EN 301 549 builds on them.

The BITV 2.0 provides for no fine. Anyone asserting an infringement uses the feedback mechanism, the conciliation body and, where necessary, the administrative courts.