Impressum: Overview & Free Template

What Is an Impressum?

An Impressum is a statement identifying the ownership and authorship of published content, which is legally required in all online and print media in German-speaking countries. For businesses with an online presence, an Impressum requires them to disclose the contact information of the website or business owner and some basic information about the company.

By requiring companies to identify themselves, Impressums help protect user data, combat copyright issues, and reduce unwanted spam marketing. The word “Impressum” is adopted from German with Latin origins, meaning “to impress or to engrave,” and the closest English equivalents are:

• Legal notice
• Imprint
• Masthead
• ‘About us’ page

An Impressum is essentially a statement of ownership and authorship. It was implemented to protect user data and combat illegal content and spam by making website owners identify themselves, and as a result, assume responsibility for the content on their platform.

Do I Need an Impressum?

Yes. If you operate a commercial website or social media page in Germany, the German Telemedia Act requires you to have an Impressum. This requirement applies regardless of whether your website has a .de domain. The same rules apply to foreign companies targeting German consumers. Austria and Switzerland have similar requirements, so compliance with the German Telemedia Act generally ensures compliance in these countries as well.

An Impressum is akin to a business’s privacy policy, but privacy policies are more extensive and required by data privacy laws in more countries. For private pages, such as personal blogs that do not generate income, an Impressum is not required.

Is an Impressum Legally Required?

The Impressum is legally required on all commercial websites (including Facebook business pages) published in German-speaking countries (Germany, Austria, and Switzerland), whether the website is published via a .de top-level domain or not. The point can be made that if you simply have a personal blog without ads and make no money from it, then the Impressum is not required.

Does My Website Need an Impressum?

Yes. Every commercially operated website must include a legal disclosure—no exceptions. This requirement, known as Impressumspflicht, applies to all instances of a corporation’s online presence.

Does My Company Need an Impressum?

Website owners have long been obligated to operate transparently, even before the GDPR came into effect in 2018. Users should be able to access information about and contact those responsible for a website’s content. Over the years, the laws governing this disclosure have become stricter to better protect data and prevent cybercrime.

In the early days of the Internet, it was difficult to find information about website operators. Consumers often had no way to identify or take legal action against fraudulent sites. Legislative reforms have since addressed this issue. Legal disclosures help consumers take legal measures in case of disputes, offering protection from a legal standpoint.

Advantages

A properly written Impressum offers several key advantages:

1. Legal Protection: It helps protect your company from potential legal warnings (Abmahnungen), ensuring compliance with legal requirements.
2. Trust Building: An Impressum fosters trust with your website visitors. According to a 2017 Bitkom survey, nearly half of the participants considered a website’s legal disclosure a crucial factor in assessing its integrity.
3. Direct Communication: It provides visitors with a direct way to contact you, potentially resolving issues before they escalate into legal disputes.

What Should Be Included

According to the Telemedia Act, you should include the following details in an Impressum:

1. The name of the owner or manager of your business/page
2. Your registered business address
3. Contact information (e.g., phone number, email address)
4. Business registration information (including register name and registration number)
5. VAT ID number or trade registry number, if applicable

Impressum Location

Your Impressum must always be accessible to your users, so consider the following places:

• The footer of your website
• Within your privacy center or legal page
• Linked in other documents, such as your privacy policy and terms and conditions

Ensure your Impressum is clearly labeled, as the Telemedia Act mandates that the link be “easily recognizable.”

Impressum Design

Your website’s legal disclosure can’t be hidden. It must be ‘easily recognizable, immediately reachable, and constantly accessible’ – but what does that mean for your website’s design?

Even if there are no exact legal specifications for how an Impressum should be integrated into a website, the following requirements must be met:

• Reachable from every subpage
• Reachable via a clickable link that is titled ‘Legal disclosure’ or ‘Impressum’
• Reachable via a link in a fixed sidebar menu or the header or footer section of the website
• Always accessible

Common Mistakes to Avoid

When designing your website’s Impressum, avoid the following mistakes:

1. Vague designations: Using general terms like ‘legal’ or ‘contact’ does not fulfill the legal criterion of being ‘easily recognizable.’
2. Hidden legal disclosures: Placing your legal disclosure in a pop-up window or making it an item in a drop-down menu does not make it ‘immediately reachable.’
3. Disclosures only on the homepage: Your Impressum must be integrated into elements like the header or footer that appear on all pages.

Impressum & Facebook

Facebook has a feature allowing businesses to make an Impressum on their public pages to help companies in German-speaking countries easily comply with the law. An Impressum on Facebook is a section on the “About” page that displays a business’s contact information and legal identification numbers. To add an Impressum to your Facebook page:

• Click Pages in the left menu of your News Feed.
• Go to your Page and click Edit Page Info.
• Scroll to the More section and enter your business information in the Impressum field.
• Click Save Changes.

You should now see your Impressum and all relevant information directly on your About page.

Additional Information for Specific Cases

There are certain cases where your company may need to provide supplementary information in the Impressum:

• Editorial content: Responsible editors’ names and places of residence must be provided.
• Trades requiring a license: Addresses and contact details of the relevant supervisory authorities must be included.
• Occupations requiring association membership: Professionals like tax advisers or doctors must include their association’s address and contact information.
• Online merchants and e-commerce: Must include a link to the EU dispute settlement body and an email address for customer complaints.

Optional Information:

Some details are optional for inclusion in the Impressum:

• Fax number
• Capitalization information
• Domestic tax identification number (unless you have a VAT ID number, which must be provided)

Legal Grey Areas

There are still many nuances in creating a legally watertight Impressum. For example, whether a telephone number should be included has been debated in court. While the European Court of Justice requires another immediate and efficient communication method in addition to an email address, it doesn’t necessarily have to be a telephone number. Reliable alternatives include a cell phone number.

Free Impressum Template

Our Free Impressum Template covers key requirements and legal considerations. However, it is important to customize this template to align with your business-specific practices and legal requirements. It’s advisable to consult with legal counsel to ensure full compliance with privacy laws.

Access our Free Impressum Template, or check our other resources here. However,  if you would like a tailored template for your business needs, we can help. Create an account and get started in 5 minutes.

Tips & Recommendations

1. Stay Updated: Keep informed about new national and EU-wide court decisions and directives related to data and consumer protection. Subscribe to newsletters from reputable specialist media to stay current.
2. Consult Experts: If you’re unsure whether your Impressum meets all requirements, consult a lawyer who specializes in Internet law. This ensures your legal disclosure is comprehensive and compliant.
3. Handle Abmahnungen Carefully: If you receive an Abmahnung, scrutinize the sender and issuer. Some law firms specialize in fining companies over incomplete legal disclosures, terms and conditions, or privacy statements. These warnings often target competitors and may lack a solid legal basis.
4. Regularly Review and Update: Periodically review and update your Impressum to ensure it reflects any changes in your business details or legal requirements. An outdated Impressum can lead to compliance issues.
5. Be Thorough and Transparent: Ensure all required information is included and easily accessible. A clear and comprehensive Impressum demonstrates transparency and builds trust with your audience.
6. Use Clear Language: Write your Impressum in clear, straightforward language. Avoid legal jargon that might confuse readers. This makes it more user-friendly and helps avoid misunderstandings.
7. Include Relevant Licenses and Certifications: If your business requires specific licenses or certifications, include these details in your Impressum. This adds credibility and assures visitors of your legitimacy.
8. Highlight Responsible Parties: Identify the individuals responsible for the content and management of the website. This adds a layer of accountability and can prevent potential legal issues.
9. Ensure Accessibility: Make sure your Impressum is easily accessible from every page of your website. Typically, it’s linked in the footer to ensure visitors can find it without difficulty.

Wrapping Up

An Impressum is more than just a legal requirement; it’s a critical component of your website that fosters transparency, trust, and accountability. Whether you operate a commercial site in Germany, Austria, or Switzerland, ensuring you have a comprehensive and accessible Impressum is essential. We have covered what an Impressum is, why it’s necessary, and how to create one. By following the provided tips and staying informed about legal updates, you can protect your business and build credibility with your audience. For further assistance, consider consulting with a legal expert to ensure your Impressum meets all requirements.

By taking these steps, you can confidently move through the complexities of an Impressum and maintain a trustworthy online presence. If you need a template to get started, download our Free Impressum Template to ensure your website complies with legal standards.