Legal Notice (Impressum) under the TMG: What Website Operators Need to Know

The German Telemedia Act (TMG) specifies the information companies must provide when conducting business publicly. This includes, in particular, an imprint (legal notice), which must be included not only on the relevant website but also in communications such as emails. In this article, we explain who is required to provide an imprint and how companies can reliably fulfill their legal obligations.

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Key takeaways

• Telemedia services such as websites or social media channels almost always require a legal notice. If one is missing, you risk not only fines but also potential cease-and-desist letters and legal proceedings.
• The legal notice must be accessible from every subpage of a website within 2 clicks and clearly identifiable . It is also important that it is kept up to date and remains available at all times.
• The privacy policy should be listed separately from the legal notice to comply with legal requirements.

What is a legal notice?

A legal notice is a subpage on a website where visitors can find specific information about the site operator and the company behind it. For most website operators, a complete and up-to-date legal notice is mandatory. 

The legal notice contains important information about the company name, the responsible persons, and contact details. This is intended to enable customers and affected parties to directly find a contact person for their concerns and to see who they are doing business with.

The legal notice ensures transparency between contracting parties. In cases where the privacy policy does not contain information about the name, address, and contact options of the controller, the legal notice helps affected parties who wish to enforce their rights under the data protection regulations .

However, a legal notice must be provided not only on websites but also in emails or on business social media accounts. The prerequisite for this is commercial use. Since many email programs and social media platforms are not designed to include a legal notice, many users link to the legal notice on their website. This is generally permitted as long as the necessary information can be found in no more than two clicks .

Good to know: A legal notice must always be easily recognizable and quickly accessible . The label for the legal notice or the link to a legal notice must clearly be, ideally labeled as "Imprint". Furthermore, the imprint must always be updated and accessible at all times .

Who is required to provide an imprint?

The obligation to provide an imprint applies to all telemedia providers. It is irrelevant whether you are offering your own telemedia services or providing access to third-party services. This applies to all service providers who operate websites professionally .

Telemedia is a broad term, meaning that almost every online presence can be classified as telemedia. Examples include: websites, blogs, online shops, email services, search engines, or social media accounts.

Important: Professionally does not necessarily mean that the telemedia services are offered for a fee or that users must pay to access them. It is sufficient that the operation of the telemedia can directly or indirectly generate economic benefits ..

This can be problematic in some cases for non-profit associations and private individuals. In these instances, providers should ask themselves whether the content of their media is generally offered for a fee or could lead to a direct or indirect economic advantage (e.g., blogs or social and non-profit organizations). If this is the case, an imprint must be provided.

What information must an imprint contain?

The information that a proper imprint must include is regulated in Section 5 (1) of the German Telemedia Act (TMG) . As a general rule, the name of the company or the entrepreneur must be stated first. However, this may differ depending on whether the entity is a legal or natural person. Here are a few examples:

• For companies registered in the commercial register and registered merchants (e.K.): The company name must be stated here.
• Sole proprietorships: In addition to the full name of the business owner, the name under which the company advertises or appears in public can also be provided. It is important that the owner's correct name can be found.
• Natural persons: Individuals must provide their full first and last name. Middle names are not required. This also applies to bloggers, influencers, and artists—stating the management or agency is generally not sufficient.

Plain talk: In any case, it is important that the name is complete. Abbreviations or acronyms are not sufficient. Using a c/o address is also considered legally risky, as it must meet specific requirements (such as the ability to receive service of process).

Beyond the name of the company or the entrepreneur, there are additional detailsthat are required in an imprint. We have summarized them for you here:

• The legal form of the company (GbR, OHG, KG, GmbH, AG, e.K., etc.),
• details regarding the authorized representatives,
• corporations must state the share capital and nominal capital as well as any outstanding Contributions specify, if you are providing information about the company's capital,
• the full address (not a P.O. box!),
• details for quick and direct contact (at least two contact methods are required here, e.g., phone and email),
• details of the relevant supervisory authority (depending on the business),
• details of the commercial register entry,
• Freelancers must also provide information regarding their professional chamber, job title, and the professional regulations to which they are subject,
• Information regarding VAT ID or economic ID,
• information regarding winding-up or liquidation, if the company is subject to such proceedings.

If commercial communication, i.e., advertising, is conducted via the telemedium, additional information requirements under Section 6 (1) of the German Telemedia Act (TMG) must be observed:

• Commercial communications must be clearly identifiable as such.
• The natural or legal person on whose behalf commercial communications are made must be clearly identifiable.
• Sales promotions such as discounts, premiums, and gifts must be clearly recognizable as such. Furthermore, the conditions for their use must be easily accessible and stated clearly and unambiguously.
• Promotional competitions or prize draws must be clearly identifiable as such, and the terms and conditions of participation must be easily accessible, clearly stated, and unambiguous.

Legal Notice and Privacy Policy

A legal notice enables users and customers to identify their contractual partners and make informed decisions about who they enter into agreements with. Furthermore, a complete legal notice ensures direct communication between the parties, for example, to request information regarding stored personal data.

The legal notice and privacy policy should always be treated separately. Both subpages must be accessible from any page within a maximum of two clicks and must be available independently of each other at all times. This requirement is not met if the privacy policy is placed as a sub-item within the legal notice.

Missing or incorrect legal notice: What are the potential penalties? 

If a telemedia provider is subject to mandatory provider identification and fails to comply, they generally face a fine. Failing to provide a legal notice when required constitutes a Administrative offense, which can be subject to a fine of up to 50,000 euros .

Furthermore, such a breach of duty constitutes a violation of competition law . Competitors and rivals can therefore issue formal warnings at the provider's expense and assert claims for injunctive relief.

Small and medium-sized enterprises, in particular, can often barely afford these costs. Whether further penalties for a legal violation are imminent must be determined by a court on a case-by-case basis. Such a lawsuit is not only time-consuming, but in case of doubt, also expensive. Do not let it get that far; take a close look at your own legal notice to ensure greater legal certainty.

Conclusion

Almost every operator of online services is required to provide a legal notice. This applies even if no commercial purposes are being pursued. Before launching a website, blog, or social media channel, providers should therefore thoroughly inform themselves about whether a legal notice is required and what a proper legal notice must look like.

Failure to do so risks not only regulatory fines, but also formal warnings and, potentially, legal proceedings. To avoid this, those affected should seek legal assistance if questions regarding their legal notice arise.

Do you need assistance with creating a legally compliant legal notice or privacy policy?