Legal tips for website operators

Why the Impressum is a "must", not a "maybe"

We hear it again and again: "I only have a small blog." Unfortunately — if you run advertising, place affiliate links, or even just have a comments section, you are usually acting in a business capacity. § 5 DDG then applies.

The 3 most common mistakes when creating an Impressum

1. Wrong address: the postal address must be the official business address — no mailbox, no private address (unless you are a sole proprietor).
2. Only one means of contact: a phone number is not strictly mandatory (ECJ, judgment of 16 Oct 2008, C-298/07). But alongside the email address there must be a second, quickly reachable channel through which users receive a prompt response — e.g. a contact form. A phone number also satisfies this requirement.
3. Linking only in the header: the link must be reachable from every page — the footer is standard, the header is only acceptable if you have no navigation.

What happens with a warning letter (Abmahnung)?

You receive a letter with demands: a cease-and-desist declaration (with a penalty), reimbursement of costs, and sometimes damages. The costs are often between €100 and €5,000.

We recommend: never ignore it. Don't just pay. Always have it reviewed first — many warnings are excessive or legally flawed.

Who needs an Impressum — and who doesn't?

The duty under § 5 DDG applies to online services offered "in a business capacity, usually for payment". "Business capacity" is interpreted broadly: it does not require a profit, only a sustained, planned activity. As soon as you run advertising or affiliate links, promote products or services, or regularly publish for a professional context, you generally count as acting in a business capacity.

Purely private pages with no commercial angle at all — a family page or a hobby project with no advertising — need no Impressum under § 5 DDG. But be careful: as soon as a site carries journalistic-editorial content (regular, opinion-forming posts), § 18(2) MStV additionally requires a responsible person named with their address — and that can apply to some private blogs too.

When in doubt: a correct Impressum costs nothing and protects against warning letters. Courts tend to read the "private or not" grey zone strictly.

What belongs in the Impressum

Which fields are mandatory depends on legal form and activity. The core under § 5 DDG:

• Name or company and legal form — for companies the full name as registered, plus the authorised representatives (e.g. managing director, board).
• An address for service — a real postal address, not a P.O. box. For sole proprietors this is often the private address.
• Contact — an email address plus a second channel for "quick electronic contact" (a contact form or phone).
• Register and registration number — commercial register (HRB/HRA), register of associations (VR), partnership register, each with the registering court.
• VAT ID under § 27a UStG — only if you have one (see the separate article on the mix-up with the tax number).
• Supervisory authority — for activities that require a permit (e.g. brokers, hospitality, licensed trades).
• Chamber, professional title and professional rules — for regulated professions (doctors, lawyers, tax advisors, architects).
• Responsible person under § 18(2) MStV — for editorial content, with name and address.

An Impressum on Instagram, LinkedIn & Co.

Social media profiles used in a business capacity fall under the Impressum requirement too — a business account on Instagram, Facebook, LinkedIn, TikTok or YouTube is a telemedium just like a website. In practice a link to a full Impressum is enough, as long as it is clearly labelled as such and easy to reach.

What works well: the dedicated Impressum field (e.g. on Facebook pages), a link labelled "Impressum" in the bio, or a link-in-bio page where "Impressum" is clearly named. A bare "see website" without a direct link usually does not satisfy the courts.

Rule of thumb from the German Federal Court's two-click case law: the Impressum must be reachable from any profile with a few clearly labelled clicks — not buried in running text.

Tax number or VAT ID? A common, costly mistake

The two are constantly confused, with unpleasant consequences. Only the VAT identification number (USt-IdNr., format DE + nine digits) under § 27a UStG belongs in the Impressum, and only if one was issued to you. If you don't have one, simply leave the field out — there is no obligation to apply for one just for this.

The tax number issued by the tax office (format varies by federal state) has no place in the Impressum. It is not a required field and should not be published: it allows conclusions about your tax affairs and can be misused.

In short: VAT ID in (if you have one), tax number out. Swapping the two quietly exposes sensitive data.