The legal notice requirement in Germany: A comprehensive guide for website operators
02.05.25
10
Minutes
Katrin Straub
Managing Director at nextsure
Learn everything you need to know about the legally required legal notice for commercial websites in Germany. This article highlights the mandatory information, the specific role for freelancers and regulated professions such as pension advisers, and the consequences of missing or incorrect information.
The topic in brief and concise terms
Every commercial online presence in Germany requires a complete and correct legal notice.
For regulated professions such as pension advisers, additional details regarding the professional title, chamber and professional regulations are mandatory.
Missing or incorrect legal notice details can lead to costly cease-and-desist letters and fines of up to €50,000.
What is a legal notice and what is it for?
The legal notice is a legally required provider identification for online services. It is intended to enable users to quickly and easily identify the person responsible for a website or other telemedia offering. It creates transparency and trust by providing important information about the operator, thereby facilitating both contact and the enforcement of legal claims. It is a kind of “business card” for the website operator.
Who is subject to the legal notice requirement?
The legal notice requirement generally applies to all “commercial” telemedia service providers. This includes not only companies and freelancers with their own website, but also private individuals who use their online presence commercially, for example via social media profiles, blogs or online shops. What matters is whether the activity is intended to be ongoing and whether there is an intention to generate income, even if no profits have yet been made. So-called “influencers” or people who promote products through affiliate links may also be subject to the legal notice requirement.
What general information is required in the legal notice?
Pursuant to Section 5 of the Digital Services Act (DDG) and, where applicable, other sector-specific legal provisions, the following information must be included in the legal notice:
Name and address of the provider (no PO box).
For legal entities (e.g. GmbH, AG): the legal form and the name of the authorised representative (e.g. managing director).
Contact options: an email address and at least one other direct means of communication (e.g. telephone number or contact form) that enables rapid electronic contact and direct communication.
If available: commercial register, association register, partnership register or cooperative register, and the corresponding registration number.
VAT identification number (VAT ID), if available and if one has been assigned under Section 27a of the German VAT Act (UStG).
Economic identification number (W-ID), if available and if one has been assigned under Section 139c of the Fiscal Code (AO).
Special information for regulated professions and service providers such as pension advisers
Certain service providers and regulated professions, including pension advisers, are subject to extended information obligations. These additional details serve to ensure professionalism and the supervision of these professions. Pension advisers must state in their legal notice pursuant to Section 5 DDG in conjunction with the Legal Services Act (RDG) and the Regulation on the Legal Services Act (RDV):
The professional title “pension adviser” and the state in which this professional title was awarded (usually Germany).
The competent chamber or supervisory authority (e.g. the Higher Regional Court or Higher Regional Social Court as the registration authority).
Information on the professional regulations and how they can be accessed (e.g. Legal Services Act (RDG), Regulation on the Legal Services Act (RDV), Professional and Remuneration Regulation for Pension Advisers (BVRV)).
Where applicable, the relevant professional indemnity insurance, including the insurer’s name and address and the territorial scope of cover. This is particularly important for advisory professions in order to ensure consumer protection.
Where must the legal notice be placed and how accessible must it be?
The legal notice must be “easy to identify, directly accessible and permanently available”. This means it must not be hidden or only discoverable after several clicks. Typically, the legal notice is placed via a link in the website footer, labelled “Legal notice” or “Contact”. From any subpage of the website, it should be reachable within a maximum of two clicks. On social media profiles, the link to the legal notice should also be placed directly in the profile or in the bio.
The legal basis: From TMG to DDG
Until 13 May 2024, the basic provisions on the legal notice requirement in Germany were mainly regulated in Section 5 of the Telemedia Act (TMG). With the transposition of the European Digital Services Act (DSA) into national law, the TMG was largely replaced by the Digital Services Act (DDG), which entered into force on 14 May 2024. The requirements for the content of the legal notice remained largely unchanged. The DDG now contains the central provisions on provider identification obligations for digital services in Germany.
A missing, incomplete or incorrect legal notice constitutes a breach of competition law and can be the subject of a warning letter from competitors or consumer protection associations. A warning letter is usually associated with high costs, which can amount to several hundred to over a thousand euros. In the event of repeated infringements or failure to comply with the warning letter, this can lead to a cease-and-desist declaration with contractual penalties or be dealt with in court.
Legal consequences: fines
In addition to cease-and-desist letters, breaches of the legal notice requirement can also be penalised with substantial fines. Depending on the severity and frequency of the infringement, the fines can amount to up to €50,000. This underlines the importance of providing correct and complete details in the legal notice.
Further consequences: loss of reputation and lack of trust
Aside from the legal and financial penalties, a deficient or missing legal notice can also significantly damage users' trust in the online offering. Transparent provider identification is a mark of quality and contributes to credibility. Without a correct legal notice, many online services appear unprofessional and untrustworthy, which can lead to a loss of customers and a negative reputation.
More useful links
Wikipedia offers a comprehensive overview of the imprint obligation, a legally required provider identification for online services.
IHK Munich provides information on the requirements for the legal notice on the Internet and gives practical guidance for businesses.
IHK Trier provides detailed information on the imprint obligation, which is relevant to all providers of commercial telemedia.
The media authorities explain their supervisory role and the importance of the imprint obligation for transparency and youth protection in digital media.
The Federal Ministry of Justice offers a PDF document with a comprehensive presentation of the legal basis and requirements for the legal notice.
The German Bundestag provides a scholarly expert opinion on the imprint obligation and its development in German law.
FAQ
Is the legal notice still regulated in the Telemedia Act (TMG)?
No, since 14 May 2024, the rules on the legal notice requirement in Germany have been primarily set out in the new Digital Services Act (DDG) instead of the TMG. However, the substantive requirements have remained largely the same.
Does the legal notice requirement also apply to social media profiles?
Yes, as soon as a social media profile is used for business purposes – whether for marketing, product promotion or generating revenue – it is subject to the legal notice requirement. The link to the legal notice should then be placed directly in the profile description or bio.
Does a small business owner also need to have a legal notice?
Yes, the small business regulation under VAT law does not exempt you from the legal notice requirement. As soon as an online presence is operated in a commercial capacity, a legal notice is required, regardless of turnover.
Which contact details must be provided in the legal notice?
An email address must be provided, as well as at least one other direct means of communication that enables quick contact (e.g. telephone number or a contact form that responds quickly).
Are PO box addresses allowed in the legal notice?
No, the legal notice must state an address at which service can be effected. A PO box address is not sufficient, as it does not allow service of documents that would be necessary for bringing an action.
Is professional indemnity insurance for pension advisers required to be stated in the legal notice?
Yes, for pension advisers and other regulated professions that are required to have professional indemnity insurance, details of the insurer (name and address) as well as the territorial scope of the insurance must be included in the legal notice.
