Influencer Recht Ausland: Deutsches Gesetz | IT-Medienrecht

Erfahren Sie, warum Influencer im Ausland nicht vor deutschem Recht sicher sind. Trotz Dubai oder Madeira: So schützt deutsches Gesetz vor Klagen &…

Influencers Abroad: No Free Pass from German Laws and Taxes

Many influencers dream of escaping the German winter and their local obligations – be it to Dubai, Madeira, or the nearest tropical island. The supposed freedom abroad is often justified with myths about legal and tax "loopholes". Have you ever heard, "No German court can prosecute me abroad" or "If I'm not in Germany for 183 days, I don't have to pay taxes"? These sound tempting, don't they?

Unfortunately, the reality is different. Whether it's lawsuits in Germany, the delivery of court mail, frozen bank accounts, 30 years of enforcement, or tax traps – here you can find out why a residence in Dubai & Co does not automatically protect influencers abroad from German jurisdiction and the tax office.

Civil Lawsuits: German Jurisdiction for Influencers Abroad

Myth: "I can't be sued if I'm not resident in Germany – I'm out of reach abroad."

Reality: Whether you are perched on a skyscraper in Dubai or lying on the beach in Madeira, if your actions have an effect in Germany, German courts may have jurisdiction. It doesn't just depend on where you are located, but where the success or damage of your action occurs. Lawyers call this the place of success.

On the internet, if your content can be accessed in Germany and affects German persons or consumers, then the success (or damage) also occurs in Germany. This principle applies especially to online activities.

In concrete terms, this means:

Typical mistake: "I'm no longer registered in Germany, so German laws don't apply to me." Wrong! The decisive factor is not your registration address, but where your actions take place. The German court looks for a domestic connection. If one exists, it will allow the action.

Incidentally, this is not just a German peculiarity. It is also recognized at EU level that any country in which content can be accessed and causes damage can be responsible for internet crimes. In case of doubt, a comprehensive lawsuit can even be filed in your "main place of interest" (often the victim's home country).

Practical example: A German consultant was called a "fraudster" in YouTube videos by an influencer in Dubai – without any evidence, pure defamation. Despite the YouTuber's residence abroad, the Frankfurt Regional Court issued a temporary injunction against him in 2024 and had the videos banned. The reasoning: The baseless accusations of fraud were seen millions of times by German viewers and damaged the reputation in Germany. Result: Dubai domicile or not – the German courts took action.

Remember: A life as a "digital nomad" does not absolve you of responsibility for what you do online. "No place of residence = no lawsuit" is a myth. If you violate people, companies, or rights in Germany, you can end up in German civil courts – no matter where you live.

Serving Documents Abroad: When the Letter Carrier Can't Ring...

Myth: "I can't be served with a statement of claim if I'm in Dubai. No service means no trial – so I'm safe."

Reality: The lack of a German address makes service more complicated, but it is not impossible. German courts have ways of "reaching" you abroad – with public service if necessary.

Let's take a look at this step by step:

Practical example: In the above-mentioned case in Frankfurt (influencer in Dubai), the court ordered public service of the interim injunction because normal service in the UAE would have been too lengthy. The orders were therefore officially announced by notice and announcement. For the influencer, this means that the clock is ticking, even if the letter carrier never rang. As soon as the delivery deadline expired, the resolution was delivered with legal effect – whether he read it or not.

Defense options: You might ask: "Isn't that unfair? I don't know anything!" Theoretically, there is the option of applying for reinstatement, meaning the restoration of your deadline, if you really didn't know anything through no fault of your own. In practice, however, this is a challenging path. You would have to subsequently explain why you were completely unaware of the public service and could not have been aware of it despite taking reasonable care. This is rarely successful – after all, it was you who no longer had a domicile in Germany that could be served. The courts then often argue that anyone who "flees" to a legal no-man's land simply accepts the risk of public service.

Remember: Relying on "I'll never get the lawsuit" is extremely dangerous. German courts will have you searched for and found if necessary. If you are unlucky, proceedings against you will run their full course without you noticing in time. As a result, you suddenly find yourself with a German judgment or a temporary injunction – even though you thought you wouldn't receive any mail from the local court in Dubai.

Attachment and Provisional Measures: Your Assets in Sight Despite Residence Abroad

Myth: "If someone in Germany wants money from me, let them sue – no bailiff can get it here abroad anyway. My assets are safely out of reach."

Reality: The only people who are completely out of reach are those who have nothing in Germany or the EU – and will never come back. In all other cases, there are ways and means of exerting pressure quickly and preventively. Two important keywords are: temporary injunctions (for injunctions and orders to cease and desist) and attachment in rem (for monetary claims).

Note: The reach of the courts does not necessarily end at the national border, at least as far as summary proceedings are concerned. Residing abroad can even increase the risk of harsh measures being taken against you without a prior hearing – out of the justified concern that you could otherwise evade enforcement. Your account can be frozen and your property in Germany blocked without you being able to say "stop" in time. Only afterwards could you try to take action against the attachment – but by then, facts may have been created.

Enforcement and Risk of Return: A German Judgment Can Haunt You for 30 Years

Myth: "Let them sue me in Germany – even if they get a judgment, they can't enforce it in Dubai anyway. I'll just stay here, problem solved."

Reality: Yes, enforcement abroad is tricky. But a German judgment is not a paper tiger. It has a damn long lifespan and may take effect later – sometimes exactly when you least expect it. And within the EU, the following applies: if you only flee as far as Madeira, enforcement will catch up with you much quicker than expected.

Let's first look at two scenarios – other EU countries (e.g., Madeira/Portugal) versus third countries (e.g., Dubai/UAE):

Return Risk – The Invisible Leash

You may be planning to stay in Dubai "forever". But life writes its own stories – and it's not uncommon for expats to return home at some point (be it due to homesickness, a change in living conditions, or because the tax benefits crumble). As soon as you set foot on German soil again, the old judgment catches up with you. In concrete terms:

German judgments also continue to have an indirect effect abroad: Even if you never return, a German creditor can make life difficult for you. For example, they can regularly try to put pressure on your domestic environment. Perhaps family members in Germany still have business ties with you or you are running a German company. Court orders can force third parties to hand over information about your assets (e.g., banks, business partners). This can put a strain on your network. Additionally, you might want to settle in another country that cooperates with Germany at some point. Then the problem will arise again, only in a new form.

Remember: Gone is not the same as gone. A German debt judgment sticks to your shoe like chewing gum. Even if you can shake it off in Dubai, it becomes hard as soon as you set foot on European soil. 30 years is a long time in which a lot can happen. So think carefully about whether you really want to go into "exile" for life just to escape a judgment. Most people underestimate how restrictive this is in the long term.

A little reality check: Some influencers who loudly praised Dubai's tax-free status returned to Germany in remorse after a few years – for example, when it became known that German authorities had purchased and analyzed data from Dubai returnees. Suddenly the question arose: what about all the legacy issues? Many a "returnee" found themselves confronted at home with claims and proceedings that had accumulated in the meantime.

Tax Traps for Influencers Abroad: 183-Day Rule, Exit Tax & Misconceptions

Let's move on to the favorite topic of many expats: saving taxes. The internet is full of tips and half-truths such as "You don't pay income tax in Dubai!" or "If you're in Germany for less than 183 days, you won't be taxed here." What is true, and what do you need to watch out for?

Unlimited Tax Liability – When Are You Exempt from German Tax?

Myth: "I simply deregister in Germany and spend less than 6 months a year there. Then I'm no longer liable for tax in Germany – 183-day rule, right?"

Reality: It's not that simple. First of all, the 183-day rule is often misunderstood. This rule (in double taxation agreements and German law) simply states: if you are in a country for more than 183 days, you will definitely be resident there (for tax purposes). However, the reverse is not automatically true! Just because you are in Germany for less than 183 days does not mean per se that Germany will leave you alone.

The decisive question is: Do you have a place of residence in Germany (Section 8 of the Tax Code) or your habitual residence (Section 9 of the Tax Code) here? The overall circumstances of your life determine your tax liability.

Example: You move to Dubai, but your wife and children stay in Germany in the house you share, and you come home for a few weeks every few months. In such a case, it is very likely that the tax office will continue to treat you as having unlimited tax liability. This is because your center of life (family, house) is obviously still in Germany. The 183 days in Dubai will then be of little use to you; Germany will say: tax liability remains. The awakening usually comes one or two years later, when the tax office demands proof of where you have been and for how long, and where your center of life is. If you are then unable to convincingly demonstrate that Germany really is passé, you could face hefty back taxes.

Remember: There is practically no such thing as complete tax exemption "anywhere" legally. Some country always wants to have you as a tax resident. If you escape Germany, you must be able to prove that another country considers you a resident instead (e.g., by means of a residence permit, tax certificate, etc.). Simply traveling around and hoping that you won't end up in any country is dangerous: Germany could still consider you to be a "stateless" tax resident as long as it is not clear where else you have the right of taxation. In case of doubt, the tax office would rather assume a tax liability than leave a gap – and the onus is on you to prove the opposite.

Exit Taxation: When the Tax Office Holds Out Its Hand on Departure

Entrepreneurs and shareholders often fall into a nasty trap: exit taxation (Section 6 AStG).

Myth: "I'll set up my company in Dubai or simply take my GmbH shares with me – then I'll avoid German tax on sales."

Reality: The German tax authorities have made provisions for precisely such cases. If you own at least 1% of a corporation (e.g., shares in a GmbH, AG, or even larger blocks of shares) within the last 5 years before moving away, Germany treats you as if you were selling your shares when you move away – and taxes the fictitious profit!

This means that even if you have not actually received any money, you will be taxed on the paper profit that your company has made since acquiring the shares. This tax is assessed as soon as you are no longer subject to unlimited tax liability in Germany (i.e., when you move away). As a result, you may receive a hefty tax bill, especially if your business has grown successfully. This is known as the exit tax. It is intended to prevent people from moving abroad in order to turn their company into tax-free money.

Typical Tax Misconceptions of Influencers Abroad

Let's debunk some common misconceptions in a nutshell:

Remember: Half-knowledge can be expensive, especially in tax law. What worked for one person may not necessarily work for you. Every case is different, and German tax law has little mercy for obvious tax evasion. You can quickly be accused of tax evasion if you "cheat." In addition to back payments, you could also face criminal prosecution. That's why we urge you to seek expert advice before taking such steps. The 183-day rule and the like may be presented simply in YouTube videos – the reality is more complex.

Conclusion: Freedom Yes – But With a Sound Plan, Please

To summarize: Moving to a sunny country can have many advantages, but legal sanctuary is not one of them. As an influencer or agency, you should be aware that German courts and authorities may still have access if you commit legal violations through your online activities in Germany or if you do not properly manage your tax obligations.

Let's dispel the myths in a nutshell:

My advice: Enjoy your life as a globetrotting content creator, but do it with a clear understanding of the rules of the game. Get professional advice, plan your move properly from a legal and tax perspective, and don't blindly believe the seemingly simple hacks on the internet. This will help you avoid unpleasant surprises and allow you to enjoy the benefits of moving abroad without any old obligations falling on your shoulders.

In the end, real freedom also means taking responsibility. If you keep this in mind, nothing will stand in the way of your adventure abroad – except perhaps your next flight. Good luck and stay on the safe side!