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Imprint for websites; enforcement of the obligation to provide provider identification

According to the Digital Services Act and the Interstate Media Treaty, a provider identification, a so-called imprint, must be easily recognizable, directly accessible and permanently available to the user on websites.

Responsible for you

Bayerische Landeszentrale für neue Medien

Street address

Heinrich-Lübke-Straße 27
81737 München

Postal address

Heinrich-Lübke-Straße 27

81737 München

Email

blm@blm.de

Website

www.blm.de

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Procedure details

In Bavaria, the Bavarian Regulatory Authority for New Media (BLM) monitors compliance with the provisions that websites must have an imprint.

According to Section 5 of the Digital Services Act, service providers of business-related digital services, which are generally offered for a fee, must keep the following information, which must be easily recognizable and directly accessible, available at all times:

1.
the name and address at which they are established, in the case of legal entities additionally the legal form, the authorized representative and, if information on the company's capital is provided, the share capital or nominal capital and, if not all contributions to be made in cash have been paid in, the total amount of outstanding contributions,

2.
information that enables rapid electronic contact and direct communication with them, including the address for electronic mail,

3.
if the service is offered or provided as part of an activity requiring official authorization, details of the competent supervisory authority,

4.
the details of the commercial register or similar register in which they are entered and the corresponding register number,

5.
if the service is offered or provided in the exercise of a profession within the meaning of Article 1(d) of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19, 24.1.1989, p. 16) or within the meaning of Article 1(f) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 16). L 209, 24.7.1992, p. 25; L 17, 25.1.1995, p. 20), as last amended by Directive 2006/100/EC (OJ L 363, 20.12.2006, p. 141), information on
a) the chamber to which the service providers belong,
b) the legal professional title and the state in which the professional title was awarded,
c) the name of the professional regulations and an indication of how these regulations can be accessed,

6.
in cases where they have a VAT identification number pursuant to Section 27a (1) sentences 1, 2 or 3 of the German Value Added Tax Act (Umsatzsteuergesetz) or a business identification number pursuant to Section 139c (1) of the German Fiscal Code (Abgabenordnung), the details of this number,

7.
in the case of stock corporations, partnerships limited by shares and limited liability companies that are being wound up or liquidated, an indication of this number,

8.
in the case of audiovisual media service providers, the indication
a) of the Member State in which they are established or deemed to be established and
b) of the competent regulatory and supervisory authorities.

Further information obligations under other legal provisions remain unaffected.

Differentiation: business and private websites

The operator of a website is not automatically exempt from the obligation to identify the provider because the website can be accessed free of charge or services are provided free of charge. Anyone whose website is aimed at attracting customers, for example merely advertising goods or services, is acting for business purposes. Advertising-financed websites can also be business-like if the operator intends to generate income and the private purpose of the website takes a back seat.

For websites that do not fall under the provisions of Section 5 DDG, there may also be a provider identification obligation in accordance with Section 18 of the Interstate Media Treaty (MStV).

Providers of telemedia that do not exclusively serve personal or family purposes must keep the following information easily recognizable, directly accessible and permanently available in accordance with Section 18 MStV:

  1. Name and address,
  2. for legal entities: Name and address of the authorized representative.

Furthermore, Section 18 MStV stipulates that providers of telemedia with journalistic-editorial content must name and address a person responsible if the website reproduces all or part of the content of periodical print products in text or images. If several responsible parties are named, the provider must indicate who is responsible for which part of the service offered.

Contact person: Violation of the obligation to identify the provider

If you as a citizen notice that a website of a provider from the Free State of Bavaria has no or insufficient provider identification, please contact the provider or the Bavarian Regulatory Authority for New Media. This service is free of charge for you.

Status: 06.06.2025
Editorially responsible for prodecure description: Bayerische Staatskanzlei
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