Imprint Requirements for Influencers and Streamers: The BGH Decision
The digital world is an ever-changing playing field where influencers and streamers play an increasingly important role. Legal issues of particular importance to these professional groups arise time and again. A recent decision by the German Federal Supreme Court (BGH) sheds new light on imprint requirements and could have significant consequences for influencers and streamers.
The BGH Decision on Summonable Addresses
In a decision dated July 07, 2023, the German Federal Court of Justice (BGH) clarified that a plaintiff's summonable address must be explicitly stated for proper legal action. Providing merely the address of a postal service provider, who is solely responsible for forwarding mail, is insufficient. This ruling has far-reaching implications for the admissibility of lawsuits.
This decision is particularly relevant for individuals with multiple residences or those utilizing mail forwarding services. For agencies and marketers of influencers and streamers, this clarification is largely positive. They are often listed in the imprint but only serve as intermediaries for mail forwarding.
The BGH's ruling relieves these agencies, as they can no longer be mistakenly used as an address for service in a lawsuit if they do not bear direct responsibility for the content. Instead, the summonable address of the actually responsible person must be indicated. This creates greater legal certainty and ensures accountability in legal disputes, provided the contractual arrangements are structured appropriately.
Conclusion and Recommendations for Imprint Design
The BGH decision provides crucial guidance for influencers, streamers, and their agencies. It underscores the importance of adhering to legal details. This ruling, combined with the Higher Regional Court of Hamburg's decision on YouTube's liability, could offer agencies some operational flexibility.
However, caution remains essential. While an imprint may appear straightforward, it often involves numerous legal pitfalls. Agencies should meticulously review how their clients' imprint information is presented and ensure appropriate disclaimers are in place. This is an opportune moment to review and adapt existing practices, securing genuine legal certainty and avoiding warning letters. Corresponding contracts should also be adjusted to reflect these new clarifications.