A legally compliant legal notice is essential for website operators to avoid legal risks. Since 14 May 2024, the legal basis is no longer the German Telemedia Act (TMG), but the Digital Services Act (DDG). The TMG has ceased to apply and has been replaced by the DDG - however, the imprint obligation remains in force unchanged. In this article, you will learn about the current legal background to the DDG imprint obligation and receive instructions on how to create or update your legal imprint in accordance with the latest requirements.
You can also use the following legal notice generator to create a legally compliant legal notice for Germany: Imprint Generator
Digital Services Act (DDG) replaces Telemedia Act (TMG)
The Digital Services Act is the German implementation of the EU Digital Services Act and has been the authoritative regulation for online services since May 2024. One major change concerns the obligation to provide a legal notice: this obligation was previously set out in Section 5 TMG, but is now found in Section 5 DDG. The content of the required information has not changed, only the legal designation is new. Website operators should therefore remove all references to the TMG (e.g. formulations such as "Information according to § 5 TMG") in their legal notice with references to the DDG. Those who continue to refer to a law that no longer exists risk warnings.
Tip: It is not absolutely necessary to quote a legal paragraph in the legal notice. In practice, however, it has become common practice to state, for example, "Provider identification according to § 5 DDG". Above all, it is important that the prescribed information is easily recognisable, directly accessible and permanently available on your website (this is usually done via a clearly visible "Imprint" link in the footer).
What should be included in a legally compliant legal notice in accordance with the DDG?
The legal notice obligation under the DDG requires the same mandatory information as previously under the TMG. In order to have a complete, legal imprint, the following information must be included:
Name and address of the provider: State your full name or, in the case of companies, the full company name with legal form (e.g. GmbH, e.V.). You must also provide a summonable address - street, house number, postcode and town (a PO box is not sufficient). In the case of legal entities, the registered office of the company must be stated.
Contact information: Provide at least an e-mail address and another way to contact you quickly. A telephone number is usually given here. (Alternatively, a fax number, for example, would also be possible, but a direct means of communication should be available).
Authorised representative(s): If the service provider is a legal entity or partnership (e.g. a GmbH, association or GbR), the names of the authorised representatives must be stated - for example, managing directors or board members. (Individual names with functions are sufficient; private addresses of these persons do not have to be listed separately as long as a business address is given).
Register entry: If your company or association is entered in the commercial register, register of associations or a similar register, enter the register and the register number (e.g. Commercial Register: Local Court of Musterstadt, HRB 12345).
Supervisory authority (for activities requiring a licence): If you carry out an activity that requires official authorisation, state the competent supervisory authority. Example: In the case of a law firm, the bar association should be stated; in the case of a craft business, the chamber of craft trades.
VAT ID: If you have a VAT identification number in accordance with Section 27a UStG or a business identification number, you must list this in the legal notice (e.g. VAT number: DE123456789).
Professional or sector-specific information: Additional information is required for regulated professions (lawyers, doctors, tax consultants, etc.). This includes, for example, the legal professional title and the state in which it was awarded, as well as information on the applicable professional regulations (including information on where these can be viewed online, for example).
Person responsible for journalistic-editorial content: If you operate a blog, news portal or other editorial content on your website, you must designate a responsible person with name and address (often stated as "V.i.S.d.P." in the legal notice) in accordance with Section 18 (2) of the German Interstate Media Treaty (MStV). This person must be of legal age and resident in Germany.
Note: Depending on the business model, further information obligations may apply. For example, many online retailers must include a reference to the EU dispute resolution platform and a declaration on participation in consumer arbitration proceedings (Sections 36, 37 VSBG) in the legal notice. You should therefore check whether special requirements apply to your sector or your offer and supplement your legal notice accordingly.
Step-by-step: Create an imprint according to current requirements
The best way to create an imprint that complies with the current legal requirements is to proceed as follows:
Check the obligation to provide a legal notice: First determine whether your website falls under the obligation to provide a legal notice. In principle, you need all digital services offered for business purposes an imprint - this includes practically all websites, blogs or online offers that are not purely private in nature. If in doubt, it is safer to provide an imprint.
Compile all the required information: Use the above list of mandatory information as a checklist. Collect all the data relevant to your offer - from name/address and contact details to registration numbers or professional details. Make sure that the address is up-to-date and complete. If you are reluctant to publish your private address, you can use an office or business address if necessary, as long as official mail can be received there.
Formulate the imprint text: Formulate your legal notice as clearly and structured as possible. You can include the individual details under headings such as Provider, Authorised representative, Contact us etc. Many orientate themselves on standard sample imprints or use imprint generators as templates - these can help, but should always be adapted to your own case and checked for correctness.
Use current legal references: Make sure you state the correct legal basis if you mention it. So instead of "§ 5 TMG", write "§ 5 DDG", as the Telemedia Act no longer applies. Alternatively, you can use terms such as "provider labelling" without mentioning the law. It is important that the content is correct - however, the topicality of the legal reference emphasises legal certainty.
Publish an easy-to-find legal notice: Place the legal notice link clearly visible on your website, ideally on every page (usually in the footer or in the main menu). The link should be clearly labelled (e.g. "Imprint" or "Contact & Imprint") and lead directly to the imprint page. This ensures that the information is always available and immediately accessible, as required by law.
Update regularly: Check that your legal notice is up-to-date at regular intervals. If, for example, your address, telephone number, company name or legal framework conditions change, the legal notice must be updated immediately. An outdated legal notice - with an incorrect address or outdated legal information, for example - can result in a warning in the same way as a missing legal notice.
Conclusion
The imprint obligation under the DDG hardly differs in content from the previous regulation in the TMG - every business-related online offer must have a complete imprint with all the prescribed information. What is new is that you should now refer to the Digital Services Act to ensure a legally compliant legal notice. Take the time to check and update your legal notice. This will ensure that your website complies with the current legal requirements and that you do not run any unnecessary risk of receiving a warning. With a correct, up-to-date and easy-to-find legal notice, you are on the safe side and conscientiously fulfil the requirements of the DDG.
You can also use the following legal notice generator to create a legally compliant legal notice for Germany: Imprint Generator
