Impressum on a Website in Germany - Legal Requirement

In the digital age, where an online presence has become the norm for businesses and individuals alike, German law imposes specific legal requirements regarding website transparency. One of the key elements of this transparency on a German website is the impressum - mandatory information that websites in Germany must publish. This applies not only to general websites, but also to online stores and other forms of online business, such as financial services.

What is an impressum?

An impressum, also known as "Anbieterkennzeichnung" or "Impressumspflicht", is a set of information identifying the owner or operator of a website. It is a kind of online "masthead" designed to provide users with easy access to contact details and legal information regarding the entity responsible for a given website. The impressum must also include the legal form of the entity, such as 'limited liability company'.

Legal basis

The requirement to have an impressum stems from the German Telemedia Act (Telemediengesetz - TMG). Key provisions can be found in Section 5 of the TMG¹, which specifies what information must be made available by online service providers, including website owners. It is also worth mentioning the Interstate Treaty on Broadcasting (RStV), which regulates certain aspects related to media and advertising.

Who is required to have an impressum on their website?

An easily visible impressum applies not only to online stores, but also to a wide range of entities, including:

• Commercial companies conducting business online.
• Online stores.
• Blogs that are not run exclusively for private purposes and contain commercial content, such as advertisements.
• Non-profit organization websites.
• Public institution websites.
• Freelancers and self-employed individuals offering services online.
• Regulated professions, such as doctors or lawyers, which must include information about the legal basis for practicing the given profession.

Every website, including online store websites, must feature a clear link pointing to the impressum. This link should be easily visible and accessible from every subpage, typically placed in the website footer. It is important to remember that this obligation applies not only to websites hosted in Germany, but also to all websites targeting German audiences. Exempt from this requirement are only private websites run in the German market exclusively for family and friends, provided they contain no commercial content or advertising. Private websites that contain any commercial elements must meet the impressum requirements. The above regulations clearly demonstrate that SEO in Germany requires taking local legal requirements into account, and compliance with legal regulations can translate not only into avoiding potential penalties, but also into increasing the website's credibility in the eyes of local users and search engines.

Required information in the impressum

Regulations require the publication of an Impressum², which should include the following information:

• Full name of the company or the individual responsible for the site
• Postal address (a P.O. box is not sufficient; the registered office address is most commonly used)
• Contact details (phone number, email address)
• If applicable: commercial register entry number, registry court
• If applicable: VAT identification number
• For companies: first and last names of authorized legal representatives
• If applicable: supervisory authority details (for regulated professions)
• Information on responsibility for content (Verantwortlicher im Sinne des Presserechts - V.i.S.d.P.)
• Copyright information

Requirements regarding contact details and electronic contact forms

Under Section 5(1)(2) of the Telemediengesetz (TMG), websites must provide details enabling rapid electronic contact, including a mandatory email address. Although a phone or fax number may also be provided, it is not mandatory. A ruling by the European Court of Justice³ introduced the option of replacing a phone number with another method of rapid communication, such as an electronic contact form. This form must allow for a response within 60 minutes. If a user loses internet access and requires an alternative communication method, the website operator should provide a phone number as an alternative. To ensure full compliance with the regulations and strengthen the company image, providing a phone number in the impressum is nonetheless recommended. This ensures that users can reach out directly, which can increase trust and improve customer service.

Impressum on a website in Germany - what you need to know

➢ Publishing an Impressum - mandatory, as legal information on the website (applies to every website aimed at German audiences, with the exception of private, non-commercial websites that contain no commercial content or advertising).➢ Data in the Impressum must include - Full company name / name of the person responsible, postal address (not a P.O. box), contact details (email, phone number), VAT ID (if applicable), commercial register entry, supervisory authorities (for regulated professions), information on liability for content and copyrights.➢ Link to the Impressum - easily accessible on every subpage (usually in the footer).➢ Lack of an Impressum - can result in fines and legal issues.➢ Avoiding mistakes - such as failure to update or mixing the Impressum with the privacy policy (GDPR).

Placing the Impressum in the Website Footer

The Impressum should be easily accessible to users. Choosing the right place for the Impressum on a website is crucial not only for legal reasons, but also from a user experience perspective. The most commonly used methods for placing an Impressum are:

• Placing an "Impressum" link in the website footer
• Adding an "Impressum" link in the main navigation menu
• Ensuring that the Impressum is accessible from every subpage, not just the homepage

Under German law, every page of an online store must feature a clear link pointing to the Impressum, which is critical for complying with legal regulations.

Consequences of Lacking an Impressum

Failure to comply with these legal requirements can lead to legal violations, including potential financial penalties and contract withdrawal. Conversely, by providing a proper Impressum, an entrepreneur operating in the German online market can avoid issues related to German competition law and potential copyright claims. Polish entrepreneurs doing business on the German market should be aware of the legal grounds and appropriately adapt their websites to the requirements of German law, including press law. It is worth noting that legal warnings (Abmahnungen) can involve additional costs, such as legal fees or other fines.

Impressum and GDPR

Although the Impressum and the privacy policy required by the GDPR are two separate elements, they are often linked. Keep in mind that:

• The Impressum focuses on identifying the website owner
• The privacy policy covers the processing of personal data

Both pieces of information should be easily accessible to users, and the privacy policy must meet GDPR requirements, including disclosing the data collected, the purpose of its processing, and the entities with whom this data is shared.

Most Common Mistakes and How to Avoid Them

Although the requirements for the Impressum are clearly defined in German law, many companies and individuals running websites make mistakes related to it. Below is a list of the most common mistakes as a cautionary guide:

1. Failing to update information in the Impressum
2. Incomplete information
3. Difficult to access Impressum
4. Mixing the Impressum with the privacy policy
5. Ignoring the obligation for "non-commercial" websites
6. Missing information about the right of withdrawal for online contracts

To avoid these mistakes, you should regularly review and update your Impressum, consult with a lawyer specializing in internet law, and stay updated on changes in regulations.

*In addition to the federal Telemedia Act (Telemediengesetz - TMG), press law regulations also apply, which are detailed in the so-called Landespressegesetz - the press laws of the individual federal states (Länder). Each federal state has its own regulations, which may vary slightly in detail, but their primary purpose is to govern liability for content published in the press and other media, including on websites.

Sources:¹ https://www.buzer.de/5_TMG.htm² https://www.bmuv.de/themen/verbraucherschutz/digitaler-verbraucherschutz/impressumspflicht³https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62007CJ0298