Most important points

The imprint obligation requires that providers of business-related online services make certain mandatory information publicly available on their website.

Since May 2024, the legal basis in Germany has primarily been Section 5 of the Digital Services Act (DDG), which regulates the necessary information obligations for providers of digital services and has replaced the previous Telemedia Act (TMG).

A complete imprint must include the name or company name, a summonable address, contact information (e.g. e-mail address) and – in the case of legal entities – additional information such as commercial register entry and VAT ID number.

If a proper legal notice is missing, there is a risk of legal consequences: Competition law warnings and fines are possible.

The imprint obligation also applies to social media profiles and apps used for business purposes.

Background and purpose of the imprint obligation

The legal notice requirement is a legal regulation for transparency in the digital space. It is intended to ensure that users of electronic services can quickly and clearly identify who is behind the service. Providers of websites, stores, blogs or apps that are not exclusively for personal or family purposes are obliged to provide a legal notice.

The aim is to name clear contact persons for legal, business or official concerns and to enable legal action to be taken – in particular by consumers or competitors. The legal notice requirement therefore serves to protect consumers, enforce the law and ensure proper market communication.

Legal basis

Since May 14, 2024, the central regulation on the imprint obligation has been Section 5 DDG (Digital Services Act). This law has replaced the previous TMG. It applies to providers of digital services, particularly in the area of websites, web stores and other telemedia.

§ Section 5 DDG obliges every provider of a digital service that operates on a commercial basis to make certain information easily recognizable, directly accessible and permanently available. The obligation applies regardless of whether the service is offered for a fee or free of charge. The only decisive factor is whether the commercial activity is of a permanent nature.

In addition, Section 18 of the Interstate Media Treaty (MStV) may be relevant, for example for journalistic-editorial telemedia services – e.g. online magazines or blogs with regular publications.

Required information in the imprint

Depending on the type of provider, a legally compliant legal notice must contain the following minimum information:

• Name and address of the provider; for legal entities: full company name including legal form and address for service.
• Contact information, at least one e-mail address and another quick communication channel (e.g. telephone number). A contact form alone is not sufficient.
• Person authorized to represent the company, e.g. managing director in the case of a GmbH or board member in the case of an AG.
• If available: Entries in public registers, e.g. commercial register, register of associations or partnership register with register number and register court.
• VAT identification number (USt-IdNr.) or business identification number, if available.
• For regulated professions (e.g. lawyers, tax consultants): Details of the competent chamber, the professional title and the state of licensing, as well as references to the professional regulations.
• For journalistic-editorial offers: Indication of the responsible content editor within the meaning of Section 18 (2) MStV.

This information must be complete and up-to-date. Changes, for example in the address or representation, must be taken into account immediately. For providers with several online presences, one central imprint page is sufficient, provided that it is clearly accessible from each subpage.

Consequences of violating the imprint obligation

The absence of an imprint or incomplete or incorrect information constitutes a breach of legal obligations. This can have several legal consequences:

• Warnings: According to the Unfair Competition Act (UWG), the lack of an imprint can be cautioned by competitors or qualified bodies, as it is an information deficiency relevant to competition law.
• Fines: Section 25 DDG provides for fines of up to EUR 50,000 for violations of the information obligations.
• Loss of trust: Users regularly perceive the lack of an imprint as an indication of a lack of seriousness and professionalism, which can have a negative impact on conversion rates on websites or in online stores.

Companies, start-ups and the self-employed in the digital sector in particular should understand the imprint obligation as an integral part of their compliance. A regular review – especially in the event of changes in the company – is just as necessary as compliance with other transparency obligations under data protection and consumer law.