The legal notice obligation in Germany: A comprehensive guide for website operators
2 May 2025
10
Minutes
Katrin Straub
CEO at nextsure
Learn everything you need to know about the legally required imprint for commercial websites in Germany. This article highlights the mandatory information, the special role for freelancers and regulated professions such as pension advisors, as well as the consequences of missing or incorrect information.
The topic in brief and concise terms
Every commercially used online presence in Germany requires a complete and correct imprint.
For regulated professions such as pension consultants, additional information regarding the professional title, chamber, and professional regulations is mandatory.
Missing or incorrect legal notice information can lead to costly cease-and-desist orders and fines of up to 50,000 euros.
What is an imprint and what is its purpose?
The imprint is a legally required provider identification for online services. It is intended to allow users to quickly and easily identify the responsible party of a website or other telemedia offer. It creates transparency and trust by providing important information about the operator, thereby facilitating 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 obligation to provide an imprint generally applies to all 'business-like' telemedia providers. This not only includes companies and freelancers with their own websites, but also individuals who use their online presence commercially, such as through social media profiles, blogs, or online shops. The deciding factor is whether the activity is intended to be long-term and there is an intent to generate revenue, 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 obligation to provide an imprint.
What general information is mandatory in the legal notice?
In accordance with § 5 of the Digital Services Act (DDG) and, if applicable, other specific statutory regulations, the following information must be included in the imprint:
* Name and address of the provider (not a 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. phone number or contact form), enabling quick electronic contact and direct communication.
* If available: Commercial register, association register, partnership register or cooperative register and the corresponding registration number.
* VAT identification number (USt-IdNr.), if available and such has been issued under § 27a of the VAT Act.
* Economic identification number (W-ID), if available and such has been issued under § 139c of the Tax Code.
Special information for regulated professions and service providers such as pension advisors
Certain service providers and regulated professions, including pension consultants, are subject to enhanced information obligations. These additional details ensure the professionalism and supervision of these professions. Pension consultants must state in their imprint in accordance with § 5 DDG in conjunction with the Legal Services Act (RDG) and the Regulation on the Legal Services Act (RDV):
* The professional title "pension consultant" and the country in which this title was awarded (usually Germany).
* The relevant chamber or supervisory authority (e.g. the Higher Regional Court or 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 Fee Regulations for Pension Consultants (BVRV)).
* If applicable, the responsible professional liability insurance, including the name and address of the insurer and the geographical scope of coverage. This is particularly important for advisory professions to ensure consumer protection.
Where must the imprint be placed and how accessible should it be?
The legal notice must be “easy to recognize, directly accessible, and constantly available.” This means it must not be hidden or only found after several clicks. Typically, the legal notice is placed via a link in the website footer labeled as “Impressum” or “Contact.” From any subpage of the website, it should be accessible with a maximum of two clicks. On social media profiles, the link to the legal notice should also be positioned directly in the profile or in the bio.
The legal basis: From TMG to DDG
Until 13 May 2024, the fundamental regulations regarding the legal notice obligation in Germany were mainly governed by the Telemedia Act (TMG) in § 5. With the implementation of the European Digital Services Act (DSA) into national law, the TMG was largely replaced by the Digital Services Act (DSA), which came into effect on 14 May 2024. The requirements for the content of the legal notice remained largely unchanged. The DSA now contains the central provisions on provider identification obligations for digital services in Germany.
Legal consequences: Abmahnungen
A missing, incomplete, or faulty imprint constitutes a violation of competition and may be warned by competitors or consumer protection organizations. A warning is usually associated with high costs, which can range from several hundred to over a thousand euros. Repeated violations or disregard of the warning may lead to an injunction with contractual penalties or a legal proceeding.
Legal Consequences: Fines
Further consequences: Loss of reputation and lack of trust
More useful links
Wikipedia provides a comprehensive overview of the obligation to have an imprint, a legally required provider identification for online services.
IHK Munich informs about the requirements for the imprint on the internet and offers practical advice for businesses.
IHK Trier provides detailed information on the imprint obligation that is relevant for all commercial telemedia providers.
The media authorities explain their supervisory function and the significance of the imprint obligation for transparency and youth protection in digital media.
The Federal Ministry of Justice provides in a PDF document a comprehensive description of the legal foundations and requirements for the imprint.
The German Bundestag offers a scientific report on the imprint obligation and its development in German law.
FAQ
Is the legal notice still regulated by the Telemedia Act (TMG)?
No, since 14 May 2024, the regulations on the imprint obligation in Germany have been primarily anchored in the new Digital Services Act (DDG) instead of the TMG. However, the content requirements have largely remained the same.
Does the legal requirement for an imprint also apply to social media profiles?
Yes, as soon as a social media profile is used commercially—be it for marketing, product promotion, or generating revenue—it is subject to the legal requirement to provide an imprint. The link to the imprint should then be included directly in the profile description or bio.
Must a small business owner also have an imprint?
Yes, the small business regulation in VAT law does not exempt you from the legal notice requirement. As soon as an online presence is operated in a business-like manner, an imprint is necessary, irrespective of turnover.
What contact information needs to be included in the legal notice?
An email address must be provided, along with at least one other immediate means of communication that allows for quick contact (e.g., a telephone number or a responsive contact form).
Are P.O. Box addresses allowed in the imprint?
No, a legally valid address must be provided in the imprint. A P.O. Box is not sufficient because it does not allow for the delivery of documents necessary for filing a lawsuit.
Is it necessary to specify professional liability insurance for pension advisors in the legal notice?
Yes, for pension advisors and other regulated professions that are required to have professional liability insurance, information about the insurer (name and address) as well as the territorial scope of the insurance must be included in the imprint.
