Social media accounts and imprint 1
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Social media accounts and imprint

Obligation to impress?

For the occasion, it should be remembered once again that in the case of commercial use of social media accounts, and this threshold is not very high (and certainly not equated with companies, etc.), an imprint must also be kept with these. It doesn’t matter if it’s Twitter, YouTube, Instagram or Twitch.

The necessary information can be found, as otherwise, in Section 5 of the Telemedia Act. Since most social media accounts have hardly any possibility to deposit an imprint, courts have recognized that one may also link such an imprint in an appropriate place.

By the way, these accounts also include career portals such as LinkedIn or Xing, if these are really commercially used accounts, i.e. you write to new customers and the like or publish content that is available via your own services and projects.

Separation important!

There should also be a separation between, for example, the company’s account and the account of the owner of the company. These are not the same persons and if, for example, a consultant is active on LinkedIn, but in the imprint, for example, a “consultant GmbH” indicates, this might not be sufficient.

Warnings for missing or incorrect imprints are as varied as they are unnecessary. It should therefore not be unnecessarily risked to risk warning costs here.

Who could it affect who probably doesn’t know?

  • Streamer
  • Esport teams that trade commercially
  • Consultant
  • Self-employed esport casters
  • Self-employed graphic designers, authors and the like.

It should be noted that of course every social media account needs the hint/reference. Even if, for example, you have deposited an imprint on YouTube, a missing imprint on the Twitter account, which is also used, would probably be a reminder. In any case, as long as the Twitter account also contributes to the promotion of its own YouTube channel or brand and thus its own revenue.

Online shops and obligation to take back electrical appliances

Received a warning?

Did you still receive a warning about this? Please pay attention to my instructions and send me the warning quickly best via e-mail. I will contact you for further steps.

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What do you think?

Veteran

Written by Marian Härtel

Marian Härtel ist spezialisiert auf die Rechtsgebiete Wettbewerbsrecht, Urheberrecht und IT/IP Recht und hat seinen Schwerpunkt im Bereich Computerspiele, Esport, Marketing und Streamer/Influencer. Er betreut Startups im Aufbau, begleitet diese bei sämtlichen Rechtsproblemen und unterstützt sie im Business Development.

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