Legal notice requirement (Impressum)
The legal notice requirement (“Impressumspflicht”) obliges providers of commercial digital services — websites, online shops and business social media profiles — under Section 5 DDG (German Digital Services Act) to keep certain information about themselves easily recognisable, directly accessible and permanently available.
Since 14 May 2024 the legal notice requirement has been in the Digital Services Act (DDG), which replaced the Telemedia Act (TMG). In substance little has changed; “telemedia” became “digital services”.
It covers commercial digital services usually offered for remuneration. This affects not only the website but also online shops, platform presences and business social media accounts.
Anyone still citing “Section 5 TMG” in their legal notice refers to a law that no longer exists — which can lead to cease-and-desist letters. There is no obligation to cite the legal basis at all; “Legal notice” as a heading is enough.
What to look out for
- Make the legal notice reachable from every page with one click, e.g. via the footer.
- Remove outdated references to “Section 5 TMG” or replace them with “Section 5 DDG”.
- Give business social media profiles a legal notice or a direct link to it too.
- Update details immediately when address, management or register entry change.
- Keep the company data in the legal notice exactly the same as in the Google Business Profile and directories — this also helps local visibility.
Common mistakes
- The legal notice still refers to the Telemedia Act.
- On Instagram, Facebook or LinkedIn there is no reference to a legal notice at all.
- The legal notice can only be found via several clicks or hidden in the small print.
Frequently asked questions
Yes, if they are used commercially. Section 5 DDG covers digital services in general — including companies’ social media accounts and platform presences.
No. There is no obligation to cite the legal basis. If you do, you should no longer refer to the repealed TMG.
Since 14 May 2024. It replaced the Telemedia Act; the legal notice requirement has been in Section 5 DDG ever since.
Legal basis: Section 5 DDG · As of