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Obligation to impress: Can i link to an external website?

There is always controversy and uncertainty around the imprint obligation of social media profiles, but also of profiles on Twitch or YouTube channels. Also with me on the blog there are already numerous posts(see here).

Today I would like to clarify another question, namely whether the link to an external website is sufficient, on which in turn one meets the requirements of Section 5 TMG or Section 55 para. 1 Broadcasting State Treaty is sufficient.

This is probably to be expected, because many providers do not have enough opportunities to deposit a complete imprint. I also think so on my twitter, Instagram or Facebook profiles. One should only make it clear on the linked imprint that this applies to all social media profiles and also inform about what these profiles are, if it is a gamertag or similar.

Although there are really not many judgments on imprint issues, the Trier Regional Court has already ruled in 2017 that it meets the legal requirements for the indication of an imprint in the context of a commercial YouTube presence if another the homepage of the provider is referred to, on which in turn is transparently linked to an imprint.

However, it is important that the link is really linked on the social media portal or on YouTube/Twitch. Only one text with the URL may not be sufficient. In the decision of the LG Trier, the court took the view that there was at least a direct link on the defendant’s youTube presence on the defendant’s homepage, from which it was then linked directly to a provider label. The plaintiff could not prove otherwise and the General Court therefore considered, taking into account the case law of the Federal Court of Justice in 2006, sufficient to provide the defendant’s imprint at least via two consecutive links (link to the homepage and link to the imprint).

BGH on the OS-Link (EU Dispute Settlement Platform)

However, it is even safer if an imprint is linked directly. Then there really should be no basis for a warning and perhaps an unpopular trial.

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What do you think?

Fortgeschrittener

Written by Marian Härtel

Marian Härtel specializes in the areas of competition law, copyright law and IT/IP law and specializes in computer games, sports, marketing and streamers/influencers. He supports start-ups in their development, assists them with all legal problems and supports them in business development.

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