Telemedia Act (TMG)

Introduction

The Telemedia Act (TMG) is a German law that regulates the legal framework for electronic information and communication services, known as telemedia. The law came into force in 2007 and combines various regulations that were previously enshrined in different laws. The TMG is particularly relevant for providers of online services, such as websites, blogs, online stores, and social media.

Main objectives of the TMG

1. legal certainty for providers

The TMG defines the legal obligations and responsibilities of telemedia providers. This is intended to create legal certainty for operators of online services.

2. protection of users

The TMG contains provisions for the protection of telemedia users. These include, among other things, regulations on data protection and the liability of providers.

3. promotion of information and communication technology

The TMG is intended to help promote the development and use of information and communication technologies.

Important provisions of the TMG

1. provider identification (imprint)

According to § 5 TMG, providers of telemedia are obliged to keep certain information about themselves and their company easily recognizable, directly accessible and permanently available (imprint).

2. data protection

The TMG contains regulations on the protection of users’ personal data. Providers must inform users about the nature, scope and purpose of the collection and use of personal data.

3. limitation of liability

The TMG regulates the liability of providers for content they provide themselves and for third-party content. In principle, providers are not liable for third-party content unless they have knowledge of illegal activities and take immediate action to remove information or block access as soon as they become aware of it.

4. interferer liability

The TMG contains provisions on so-called “Stoererhaftung” (Breach of Duty of Care), which states that providers can be held liable for third-party infringements under certain circumstances if they have enabled the infringement.

Conclusion

The Telemedia Act is a central set of regulations for providers of online services in Germany. It defines the legal obligations and responsibilities and contains important provisions for the protection of users. Telemedia providers should familiarize themselves with the requirements of the TMG in order to avoid legal violations and liability risks.