Why does your business need a website

The imprint of a website

If the imprint has defects or is even completely missing, there is a risk of a fine and a warning. This is how website operators commit a Administrative offenseif you deliberately or negligently disregard Section 5 (1) TMG, i.e. you either fail to provide the information required in the imprint, or provide it incorrectly or incompletely. According to Section 16 (3) TMG, this can be punished with a fine of up to 50,000 euros. Furthermore, § 6 paragraph 2 sentence 1 TMG provides that "neither the sender nor the commercial character of the message may be concealed or concealed". So if you want to do business via your website, you must definitely state the company headquarters and the type of business. Failure to comply with this paragraph also constitutes an administrative offense and can also be punished with a fine of up to 50,000 euros.

A violation of the imprint obligation can also be a Warning (often also referred to as a “declaration of cease and desist with penalties”). Competition law warnings can be issued, for example, by corporate competitors, competitors as well as competition associations and consumer protection associations. If this happens, the website operator is usually asked to pay the warning costs (often several thousand euros) and the legal fees (usually several hundred euros).

In recent years, violations of the imprint obligation have been warned again and again. However, there is no legal consensus on how to deal with such violations.