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Imprint obligation: Why a functioning email address is essential

Judgement of the Regional Court of Munich I of 25 February 2025 (Ref.: 33 O 3721/24)

The importance of the imprint obligation for website operators

The legal notice obligation is not just an annoying formality for operators of commercial websites, but an essential component of transparency and legal security in online business transactions. A recent ruling by the Regional Court of Munich I from 25 February 2025 (Ref.: 33 O 3721/24) makes it clear why a functioning email address in the legal notice is essential.

Background to the judgement

In this landmark case, a company operated a website whose legal notice only contained the email address "support@(...)" as an electronic contact option. However, users who contacted this address only received a standard automatic reply. This response explained that support enquiries would no longer be answered by email and instead referred to an external support portal.

Although other contact options such as a telephone hotline and a help centre existed, the court saw this as a clear violation of the legal requirements.

Why a mere statement is not enough

According to Section 5 (1) No. 2 of the German Digital Services Act (DDG), the provision of an e-mail address is expressly mandatory in order to ensure fast and direct electronic contact. This obligation applies regardless of the existence of alternative communication channels such as chats, telephone hotlines or online forms.

The court clarified that the legal obligation to provide a contactable email address is not a purely formal requirement. The email allows users to present their concerns in detail and in their own words - without being limited by forms, predefined categories or character restrictions.

Why alternative communication channels cannot replace email

Even though modern support systems are becoming increasingly popular, they do not replace the obligation to provide an email address. Chats and contact forms often have specific technical limitations, such as a limited number of characters or restricted options for uploading documents. An email, on the other hand, offers the flexibility to easily send comprehensive requests including attachments.

The user can also document and save communication by e-mail, which is particularly useful for legal matters such as revocations or complaints.

Effects of the judgement on website operators

The judgement of Munich Regional Court I has far-reaching consequences. Companies must ensure that the email address stated in the legal notice is actually functional and does not automatically reject enquiries. Although automatic responses are permissible, they must not aim to redirect users completely to other communication channels.

Operators who disregard this obligation run the risk of being warned under competition law. Misleading users by withholding mandatory information constitutes an offence against the Unfair Competition Act (UWG). In such cases, competition centres and competitors could issue warnings and incur high costs.

Practical implementation of the imprint obligation

To avoid legal risks, it is advisable to regularly check and update the legal notice information. An effective strategy is to reserve a special e-mail address exclusively for imprint enquiries, which is checked daily.

Companies that are unsure how to correctly design their legal notice can use professional legal notice generators. These online tools help to quickly and easily create a complete, legally compliant legal notice.

A recommended tool is the Impressum-Generator von Rechtsanwalt Tieben. This generator takes current legal requirements into account and offers a simple, user-friendly interface for creating a legally compliant legal notice.

E-mail as a trust factor

In addition to the legal obligation, a freely accessible email address in the legal notice also strengthens users' trust in the website. Consumers appreciate transparency and the ability to contact the company easily and directly. This improves customer loyalty in the long term and enhances the company's reputation.

Conclusion: e-mail address indispensable in the legal notice

The judgement of the Regional Court of Munich I impressively confirms that the imprint obligation is more than just a formal regulation. Despite alternative communication channels, the email address remains a central component of transparency and consumer protection on the internet.

Website operators should therefore check their legal notice details carefully and ensure that the email address provided can actually be reached. A complete and correct legal notice protects against legal consequences, strengthens the trust of users and makes a lasting contribution to the positive perception of the company.

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