The internet has fundamentally changed the way we do business. Whether you want to sell your products online, provide information or simply present your brand, a professional and legally compliant website is essential. One of the most important legal requirements for websites is the imprint, also known as provider identification.
In this comprehensive article, we will discuss the imprint obligation, its requirements and legal consequences in detail. As an experienced lawyer, I will show you which laws and court rulings are relevant for the imprint, what information it must contain and how you can avoid possible legal pitfalls. I will also answer frequently asked questions on the topic.
Table of contents
- Legal basis of the imprint obligation
- Requirements for a legally compliant imprint
- Legal consequences of violations
- Current court rulings on the imprint obligation
- Frequently asked questions about the imprint obligation
- In summary: Legal notice obligation
Legal basis of the imprint obligation
The imprint obligation in Germany is based on several laws that work together to ensure that consumers and business partners have the necessary information about the provider of a website. The most important laws in connection with the imprint are:
- Telemedia Act (TMG)
- Interstate Broadcasting Treaty (RStV)
- German Civil Code (BGB)
- German Commercial Code (HGB)
The Telemedia Act (TMG) regulates the imprint obligation for so-called telemedia providers, i.e. providers of electronic information and communication services. According to Section 5 (1) TMG, these providers must provide an imprint with certain information.
The Interstate Broadcasting Treaty (Rundfunkstaatsvertrag, RStV) contains the obligation to provide an imprint for providers of telemedia with journalistic-editorial offerings that contribute to the formation of opinion. The requirements for the imprint are regulated in § 55 para. 2 RStV.
In addition to these specific regulations, there are also requirements for the information in the imprint resulting from the German Civil Code (BGB) and the German Commercial Code (HGB). In particular, §§ 14 and 15a HGB contain mandatory information for merchants and corporations, which must also be listed in the imprint.
Requirements for a legally compliant imprint
A legally compliant imprint must contain certain information that enables users to identify and contact the website provider. The exact requirements for the imprint depend on the type of provider and its business activities. The basic requirements for an imprint are listed below:
- Name and address of the provider
- In the case of legal entities, the legal form, the authorised representative and, if applicable, the registration court and the registration number
- In the case of merchants and corporations, additionally the information according to §§ 14 and 15a of the German Commercial Code (HGB)
- In the case of regulated professions, additionally the professional title, the competent chamber, the legal professional title and the state in which the professional title was conferred
- Telephone number and e-mail address
- In the case of persons liable for turnover tax, the turnover tax identification number (§ 27a UStG)
- In the case of journalistic and editorial content, the person responsible in accordance with § 55 para. 2 RStV
- In the case of online dispute resolution, the link to the EU platform
The imprint should be easy to find, permanently available and immediately accessible. It is advisable to place a clearly visible link on every page of the website that leads directly to the imprint.
Legal consequences of violations
Violations of the imprint requirement can result in significant legal consequences. The possible sanctions include:
- Warnings from competitors or consumer protection associations
- Contractual penalties for repeated violations
- Administrative fines or administrative detention in the case of official orders
- Claims for damages by affected parties
To avoid legal problems, it is important to create a legally compliant imprint and to update it regularly.
Current court rulings on the obligation to provide an imprint
Case law on the obligation to provide an imprint is constantly changing, and there are numerous court rulings that clarify important aspects of provider identification. Some current and relevant court rulings are presented below:
Federal Supreme Court, ruling of 18 June 2020, Ref. I ZR 193/18: The Federal Supreme Court has ruled that the imprint of a website must be complete and easy to find even when using social media platforms as an additional communication channel.
Higher Regional Court of Hamm, judgement of 17 January 2017, ref. 4 U 72/16: The Higher Regional Court of Hamm has clarified that a missing or incomplete provider identification for online shops is also anti-competitive if the provider only sells to traders.
Landgericht Berlin, judgement of 12 May 2016, ref. 52 O 340/15: The LG Berlin has ruled that providing an email address in the imprint is not sufficient if the provider does not respond to enquiries within 60 minutes. In this case, a telephone number must also be provided.
It is important to keep an eye on current case law and adapt the imprint if necessary to prevent legal problems.
Frequently asked questions about the imprint obligation
This section answers some frequently asked questions about the imprint obligation to help you create a legally compliant imprint.
Does every website have to have an imprint?
Not every website must have an imprint. The imprint obligation applies to commercial websites that are operated on a businesslike basis. This means that private websites that do not pursue business activities do not need an imprint. However, it is advisable to create an imprint for private websites as well in order to minimise legal risks.
Does the imprint obligation also apply to social media accounts?
Yes, the imprint obligation also applies to social media accounts that are operated on a business basis. This means that you must also provide an imprint for your business Facebook, Instagram or Twitter account. You can either do this directly in the account information or provide a link to your imprint on your website.
Is it enough to link the imprint on a sub-page?
The imprint must be easy to find, permanently available and immediately accessible. It is advisable to place a clearly visible link on every page of the website that leads directly to the imprint. A link on a sub-page may be sufficient if the link is clearly visible and users can reach the imprint without detours.
How often do I have to update my imprint?
There are no fixed requirements as to how often you must update your imprint. However, it is advisable to check the imprint regularly and to adapt it in case of changes in your business activities or legal requirements. In this way, you can ensure that your imprint is always legally compliant.
What are the most common mistakes when creating an imprint?
The most common mistakes when creating an imprint are:
- Missing or incomplete information
- Insufficient traceability of the imprint
- Failure to update the imprint
- Use of an imprint generator without individual examination and adaptation
To avoid these mistakes, you should inform yourself sufficiently about the legal requirements and carefully create and regularly update your imprint.
In summary: Imprint obligation
The imprint obligation is an important part of the legal requirements for websites in Germany. To avoid legal problems, you should create a legally compliant imprint that contains all the necessary information and update it regularly. This article has presented you with the legal basis, requirements and legal consequences as well as current court decisions and answers to frequently asked questions. I hope you find this information helpful and are thus able to create a legally secure imprint for your website.