• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
  • E-Books
  • Vertragsmuster
  • Privacy policy
  • Terms
  • Kostenlose Vertragsmuster
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
  • E-Books
  • Vertragsmuster
  • Privacy policy
  • Terms
  • Kostenlose Vertragsmuster
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Law on the Internet > Imprint and social media: A few stumbling blocks

Imprint and social media: A few stumbling blocks

5. March 2019
in Law on the Internet, Warning
Reading Time: 3 mins read
0 0
A A
0
business card 418600 1280 2
Key Facts
  • Integration des Impressums muss leicht erkennbar, sofort zugänglich und ständig verfügbar sein.
  • Risiken der Impressumspflicht sind hoch; Verstöße können bis zu 5.000 Euro kosten.
  • Für private Konten besteht keine Impressumspflicht, es sei denn, es wird Gewinn erzielt.
  • Streamer müssen oft die Impressumspflicht gemäß § 55 des Rundfunkstaatsvertrags beachten.

What should be considered when integrating the imprint?

Content Hide
1. What should be considered when integrating the imprint?
2. Better not to take a risk
3. For private accounts, no imprint obligation
4. Also for gaming streamers

Based on yesterday’s article on the subject of imprints in social media accounts, I have received a few questions and would like to point out a few extra stumbling blocks.

For example, it is important to ensure that, according to Section 5 para. 1 Telemedia Act must be easily recognizable, immediately accessible and constantly available. In principle, this means that it can be quite a problem if, for example, Twitter, even if only in the mobile view, shortens the URL. Strictly speaking, that would not be enough. The same applies, of course, to the use of a URL shortener. Even if we are not aware of any verdict on this, we simply should not take any risks here. However, the designation was already part of legal proceedings: the term “info” and/or “information” was not enough for courts, for example. If you specify the word “imprint” as a hint before the URL (e.g. in the short description of Twitter, etc.), a URL shortener may also be used.

Better not to take a risk

Many people who talk about imprint duty find it difficult to understand these requirements. However, I can only advise against playing at risk here. A warning would not only be uniquely expensive (especially if you react wrongly), but would also lead to an injunction claim by the opponent. This would apply to all so-called core-equal injuries and would apply for 30 years in case of doubt. Moreover, such an obligation to injunction would be linked either to a compensation clause or to threats of fines. This may result in a missing imprint on Twitter leading to a competitor being able to claim a missing imprint (even if accidentally) on Instagram with possibly 5,000+ euros in damages in may 5,000+ euros in may have been claimed in 5 years. That gives a nice surprise.

For private accounts, no imprint obligation

In addition, it should be noted once again that the imprint obligation is in fact only excluded if it is a purely private social media account on which cat pictures or the like are published. By no means does an imprint have to have only a trader, an online shop, an influencer or a company available. Even if you generate revenue on YouTube, Twitch or similar portals, an imprint is mandatory and section 5 TMG is relevant. Of course, this also applies to esports teams, casters, investors, marketing people or other service providers who maintain their Twitter account, their Xing or LinkedIn account or other social media channels in order to possibly generate new customers/orders or to serve customers and the like. While one can assume that 90 of all websites need an imprint, and these are also widely used there, these are rather the exception for streamers, professional esports players or service providers on Twitter, YouTube or Twitch. And as shown above, the risk is enormous. Even if one certainly cannot speak of a wave of warnings at the moment, I see repeated warnings on this subject and can quickly have a law firm that is doing business with some clients here and sending such warnings in droves. The effort, with a pattern, should be in the range of 30 minutes. And there is often little to oppose such a warning. With luck, you can shake at the amount of the dispute.

Also for gaming streamers

By the way, even for streamers who only test games, in most cases an imprint obligation applies, which results from Section 55 of the Broadcasting State Treaty. A norm that I think many streamers on Twitch probably don’t know.

Tags: BusinessDamagesEsportEsportsGamingInfluencerInformationInstagramInvestorKILawLigaLinkedInmarketingPortalTestTwitchTwitterWebsitesYouTube

Beliebte Beträge

Social media accounts as a company: who keeps followers when employees change?

Social media accounts as a company: who keeps followers when employees change?
4. May 2025

Social media have become valuable assets for modern companies. Followers, profiles and reach can determine customer relationships, employer image and...

Read moreDetails

Digital Services Act (DSA): What creators, influencers and agencies need to know now

Digital Services Act (DSA): What creators, influencers and agencies need to know now
16. May 2025

Key Facts: Stricter transparency obligations for platforms: The Digital Services Act (DSA) forces Very Large Online Platforms (VLOPs) such as...

Read moreDetails

Legally compliant contract drafting for software development on no-code platforms

Legally compliant contract drafting for software development on no-code platforms
26. April 2025

No-code and low-code platforms enable start-ups and agencies to develop software and digital products quickly and without in-depth programming knowledge....

Read moreDetails

Automated pricing and dynamic pricing in e-commerce

automatisierte preisgestaltung und dynamic pricing im ee28091commerce 1
2. April 2025

In the digital economy, automated pricing and dynamic pricing strategies are now part of everyday life. Whether for online shopping,...

Read moreDetails

Growth hacking and viral marketing – legal requirements

growth hacking und virales marketing juristische anforderungen 1
1. April 2025

Growth hacking and viral marketing promise start-ups rapid growth and a wide reach with a low budget. In the digital...

Read moreDetails

Liability of website operators for user comments – When and how operators are responsible for their users’ content

Creating contracts with face models and voice models: A guide for the gaming industry
15. March 2025

Introduction The responsibility of website operators for user-generated content has become much more important in recent years, both in case...

Read moreDetails

AI editing of OnlyFans content & Instagram campaigns: Important legal tips!

ai generated g63ed67bf8 1280
23. February 2025

Copyright and original material Copyright regulations protect the intellectual property of those who create photo and video material. The OnlyFans...

Read moreDetails

Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation

Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation
3. March 2025

Introduction: Digitalization and modern contract law Advancing digitalization is changing all business processes, especially in the area of contract design....

Read moreDetails

Liability under Art. 82 GDPR for sending forged invoices!

Liability under Art. 82 GDPR for sending forged invoices!
17. February 2025

Recently, I have been able to successfully represent my clients in several similar cases that were affected by security breaches...

Read moreDetails
District Court Frankfurt a.M. on the right to be forgotten

Processing directory

26. June 2023

The processing directory is a central element in an organization's data protection management. It serves as proof that the organization...

Read moreDetails
Reverse break-up fee

Reverse break-up fee

16. October 2024
Withholding tax

Withholding tax

16. October 2024
copyright 5132627 1280 1

11. April 2025
ePrivacy Regulation

ePrivacy Regulation

16. October 2024

Podcast Folgen

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung