Whether a trades business, yoga studio, tax adviser or club - as soon as a website is not run purely privately, the law requires a complete imprint. Since 14 May 2024, this is no longer governed by the Telemedia Act but by the new German Digital Services Act (DDG) (Digital Services Act DDG). The central provision is Section 5 DDG, which prescribes eight categories of mandatory details (Digital Services Act DDG, Section 5). Anyone who ignores them or implements them incompletely risks a fine of up to 50,000 euros (Digital Services Act DDG, Section 33) - and, far more common in everyday practice, a warning letter from competitors. The good news: for a small website a correct imprint is created quickly, once you know which details belong in it and how they must be placed. This guide explains the mandatory details point by point, clears up the most common misconceptions and shows how to set up your fixed-price website on solid legal ground from the start. It is general information and does not replace individual legal advice.
Key takeaways
- Since 14 May 2024, Section 5 DDG governs the imprint duty - the TMG has been replaced, while the obligations remain almost unchanged in substance.
- Almost every commercially or club-operated website needs an imprint, regardless of size.
- Mandatory details include the full name, a serviceable address, a fast means of contact, plus the register and VAT ID where held.
- The imprint must be easily recognisable, immediately accessible and constantly available - typically a footer link within a maximum of two clicks.
From TMG to the DDG: what changed in 2024
For a long time the imprint duty sat in Section 5 of the Telemedia Act. On 14 May 2024 the TMG was replaced by the new German Digital Services Act, which embeds the European Digital Services Regulation into German law (Digital Services Act DDG). For the imprint this mainly means a relocation: the central provision is now Section 5 DDG and requires almost exactly the same details as before (Digital Services Act DDG, Section 5). Little in the way of new obligations has arisen for small websites, but there is a formal need to adjust: anyone whose imprint still cites 'details pursuant to Section 5 TMG' should switch this reference to the DDG. Such a paragraph reference is not itself mandatory, but an outdated citation looks careless and suggests the site has not been maintained for a while.
It is important to know that the imprint is something different from the privacy policy. Both are mandatory but serve different purposes. The imprint answers the question of who stands behind the website and how to reach that person or company. The privacy policy explains which data the site processes. How both, together with cookie consent and secure forms, form the legal basis is shown in our overview of the GDPR basics for the small website. For many providers the legal requirements now also include accessibility under the BFSG.
Imprint, not provider identification
Who needs an imprint?
Under Section 5 DDG, the imprint duty applies to all providers of business-like digital services usually offered for consideration (Digital Services Act DDG, Section 5). That sounds technical but simply means: as soon as a website is not run purely privately but has a commercial, trade or even just a sustained income-oriented background, an imprint is due. This applies to the sole trader just as much as to the registered club, the freelancer and the small-scale entrepreneur. Even a site that at first only informs and sells nothing yet usually falls under it if there is a commercial intent behind it.
In Germany, around 69 percent (Federal Statistical Office) of companies most recently had their own website, and for small businesses with one to nine employees it was about 65 percent (Federal Statistical Office). The imprint question arises for every single one of these sites - and anyone starting fresh can answer it cleanly from the outset instead of fixing it later. For solo self-employed people in particular, it is worth reading our guide on how the self-employed can start a website affordably.
- Sole traders, small businesses and small-scale entrepreneurs
- Freelancers such as consultants, coaches, health professionals or creatives
- Registered and unregistered clubs with an external presence
- Commercial profiles on social networks, not just your own website
- Blogs and information sites with advertising or other income intent
Purely private pages without any commercial connection are the rare exception. In case of doubt, a complete imprint is the safe route, because a missing detail is hard to excuse afterwards. In our fixed-price website packages it is included from the start.
The mandatory details under Section 5 DDG in detail
Section 5 DDG lists eight categories of details, of which four to five are relevant for most small websites (Digital Services Act DDG, Section 5). Which ones exactly are needed depends on the legal form and the activity. The following building blocks form the core that almost every imprint must contain.
Name or company
For natural persons the full first and last name; for companies the firm name plus legal form and authorised representatives. A mere brand or fantasy name is not enough (IHK, guidance on mandatory imprint details).
Serviceable address
A real address where mail can be delivered. A mere PO box is not sufficient for the provider identification (IHK, guidance on mandatory imprint details).
Fast means of contact
Details enabling quick electronic contact - in practice an email address and a second channel, usually the telephone number (Digital Services Act DDG, Section 5).
Register and number
Where entered in the commercial, club, partnership or cooperative register, the relevant register plus registration number (Digital Services Act DDG, Section 5).
VAT identification no.
The VAT identification number under Section 27a UStG, provided one exists. Anyone without one does not have to state one (IHK, guidance on mandatory imprint details).
Supervision and profession
For licensed activities the competent supervisory authority; for regulated professions the chamber, job title and professional rules (Digital Services Act DDG, Section 5).
Two points regularly cause uncertainty. First, the VAT identification number: only the VAT ID is required, not the ordinary tax number from the tax office. Small-scale entrepreneurs often have no VAT ID at all - then the detail is simply omitted, and the tax number expressly does not belong in the imprint. Second, completeness: if a single one of the relevant mandatory details is missing, the imprint already counts as incomplete. Which pages besides the imprint also belong to the basic set-up is covered in our article on the five most important pages of any website.
Full name instead of 'management': the most common mistakes
Most imprint mistakes arise not from carelessness but from widespread misunderstandings. A classic is omitting the full name: anyone who states only their firm or brand name does not meet the duty for a natural person - what is required is the real first and last name of the responsible person (IHK, guidance on mandatory imprint details). Similarly common is the c/o or PO box address chosen for privacy reasons, which fails the requirement of a serviceable address.
| Detail | Common mistake | Correct implementation |
|---|---|---|
| Name | Only firm or fantasy name | Full first and last name of the person |
| Address | PO box or mere c/o address | Serviceable address, mail deliverable |
| Contact | Only a contact form | Email plus a second fast channel |
| Tax | Tax number from the tax office | VAT ID, only if one is held |
| Accessibility | Imprint deeply nested | Footer link, reachable in two clicks |
| Currency | Old reference to Section 5 TMG | Current status under Section 5 DDG |
Another point that is often overlooked concerns commercial profiles on social networks. They too need an imprint that can be reached via the fields provided for it or a clearly recognisable link. A reference to the main website is permitted, provided it is unambiguously labelled as an imprint and reachable within a few clicks. Anyone who runs their own site anyway solves this most easily via the permanently reachable footer link there.
Easily recognisable, immediately accessible, constantly available
Section 5 DDG governs not only which details an imprint contains but also how it is placed: the information must be easily recognisable, immediately accessible and constantly available (Digital Services Act DDG, Section 5). In practice this means a clearly labelled link - 'Imprint' or 'Contact' are common - must be reachable from every subpage. According to settled case law it is sufficient if visitors reach the imprint within at most two clicks, the so-called two-click rule (IHK, guidance on mandatory imprint details).
The standard place for the link is the footer, the foot area that appears the same on every page. What matters is that this also works on a smartphone: the link must not disappear behind collapsible menus or be so small that it is hard to find on small screens. So that the footer link appears immediately on mobile devices, the page should load quickly - how to noticeably improve a website's loading time is covered in a separate article.
The footer link is standard - and builds trust
Fine, warning letter and how to avoid both
A missing or incomplete imprint can get expensive. Formally it is an administrative offence that can be sanctioned with a fine of up to 50,000 euros (Digital Services Act DDG, Section 33). Authorities, however, impose such fines rather rarely and mostly for serious or repeated violations. Far more common and relevant in everyday practice is the warning letter: competitors or bodies with standing to sue can issue a warning over a faulty imprint as a competition violation and demand a cease-and-desist declaration with reimbursement of costs. Because imprint errors can be detected by machine, small sites in particular are a popular target.
- List all relevant mandatory details completely and correctly
- State the full name and a serviceable address instead of a PO box
- Provide an email and a second fast means of contact
- Make the imprint reachable via a footer link within a maximum of two clicks
- Update immediately on a move, change of legal form or new VAT ID
- Switch outdated references to the TMG over to the DDG
The most effective approach is prevention from the start. A site set up cleanly from the outset with a complete imprint, a fitting privacy policy and permanently reachable legal texts offers little to attack - and is cheaper than expensive fixing under time pressure after a warning. How to budget these costs predictably is shown in our comparison of website costs in the fixed-price and hourly model.
A correct imprint costs a few minutes to set up - a warning letter for a missing one quickly costs several hundred euros.
Anyone planning a new website should not push the imprint and privacy page to the end as a tiresome duty, but plan for them from the start. In a lean fixed-price website, both legal texts, the footer link and hosting in Germany are part of the scope - a good moment to look at our services at a glance. This way you go online with a clean foundation instead of tidying up later under pressure.