Germany
GermanyThe Impressum: what a German business website must show
Almost every German business website has an Impressum, a page that says who runs it. Since 14 May 2024, the obligation is in section 5 of the Digitale-Dienste-Gesetz (DDG), which replaced the old Telemedia Act. Here is what it requires, and how we build it into your site.
From the TMG to the DDG
For years, the Impressum obligation was in section 5 of the Telemediengesetz (TMG). The Digitale-Dienste-Gesetz of 6 May 2024 (Federal Law Gazette 2024 I No. 149), which adapts German law to the EU Digital Services Act, replaced the TMG and came into force on 14 May 2024. The content of the obligation hardly changed: it moved to section 5 DDG, and the vocabulary changed from telemedia to digital services.
If your Impressum still refers to section 5 TMG, the information may be correct but the legal reference is out of date. It is a small fix, and a good reason to check the rest of the page.
Who needs an Impressum
Section 5 DDG applies to providers of digital services offered on a business basis, usually for payment. In practice, that covers almost any business website: a company site, an online shop, a booking site, a blog that supports a commercial activity. A purely private site is not concerned.
The DDG follows the EU country-of-origin principle (section 3): providers established in Germany are subject to German requirements, including when they serve other EU countries. A business established in another EU member state follows the equivalent rules of its own country. That is why this site, run from France, carries a French legal notice rather than a German Impressum.
What the Impressum must contain
The information must be easy to recognise, directly accessible and permanently available. Section 5(1) DDG lists what must appear, where it applies to your business:
The name and the address at which the provider is established; for a legal entity, also its legal form, the person authorised to represent it and, where information on capital is given, the share capital and any amount not yet paid in.
Details allowing fast electronic contact and direct communication, including an email address.
Where the activity requires official authorisation, the competent supervisory authority.
The commercial register or similar register in which the business is entered, and the registration number.
For regulated professions, the professional chamber, the statutory professional title and the state in which it was awarded, and the professional rules that apply and where to find them.
Where the business has one, its VAT identification number or its business identification number (Wirtschafts-Identifikationsnummer).
For a public limited company, a partnership limited by shares or a GmbH in winding-up or liquidation, a statement to that effect.
For providers of audiovisual media services, the member state of establishment and the competent regulatory authorities.
Other laws can add information of their own (section 5(2)): for example, the accessibility information that an online shop covered by the BFSG must provide, or the information required from online sellers.
Where and how to show it
Easy to recognise and directly accessible means, in practice, a link labelled Impressum in the footer of every page, reachable in one click from anywhere on the site, including on mobile. A link hidden behind a menu that only opens on hover, or an Impressum only available as an image or a PDF, makes the information harder to reach.
The Impressum is separate from the privacy policy required by the GDPR, even though both are usually linked side by side in the footer. It also has to stay accessible: text rather than an image, a readable contrast, a structure that a screen reader can follow.
What is at stake
Failing to provide the information required by section 5, or providing it incorrectly or incompletely, is an administrative offence that can be punished by a fine of up to 50,000 euros (section 33 DDG). In Germany, an incomplete Impressum can also draw warning letters (Abmahnungen) from competitors: that is a legal matter for your lawyer, not for your web agency.
How we set it up on your site
On every website or online shop we build for a business in Germany, we:
create an Impressum page as real text, laid out according to the list in section 5 DDG, with the fields your business needs;
link it from the footer of every page, next to the privacy policy, on desktop and mobile;
put your email address there in a form that can be copied, without exposing it to spam robots;
reference the current law (section 5 DDG) rather than the repealed TMG;
add the accessibility information when the BFSG applies to your shop.
You or your adviser supply and validate the content: your registered details, register number, VAT ID and, if relevant, professional information. On an existing site, a website audit checks the Impressum along with consent, accessibility and performance.
What we do not do
We do not write your legal texts and we do not give legal advice. Which items apply to your business, and how to word them, is for you or your adviser to decide. We make sure the page exists, is easy to find, is technically sound and says what you have validated.
Frequently asked questions
Does a small business or a sole trader need an Impressum?
Yes, as soon as the website is a digital service offered on a business basis. The obligation does not depend on the size of the business; only the items that apply change, for example no register number if the business is not registered.
Is a phone number mandatory?
Section 5 DDG requires details allowing fast electronic contact and direct communication, including an email address. Whether a phone number is needed in your case is a legal question for your adviser; we can add one in any case.
Can the Impressum be in English?
If your site addresses its visitors in English, an Impressum in the same language is consistent. The choice of language, like the content, is for you or your adviser to validate.