Do I need an imprint?

• There is an obligation to provide an imprint as soon as a website is operated for business purposes, goods, works or services are offered – against payment or free of charge – and the legal transactions are concluded using electronic means of communication.
• There is also an obligation to provide an imprint for media content or newsletter mailings, provided that goods, works or services are offered therein.
• No imprint obligation exists with commercial offers, if over individual communication is communicated e.g. Voice telephony or direct Mail exchange.
• There is no obligation to provide an imprint for purely private, non-commercial offers on websites. An imprint is nevertheless recommended. Even if a private website contains advertising banners, an imprint.

Content Imprint:

Private individuals:

• Name / First name
• Contact address (P.O. Box is not sufficient)
• Email address: directly linked / clickable
• (Phone number: voluntary)
• (Further contact info / social media: voluntary)

Legal entities:

• Company name according to entry in the commercial register
• (UID: voluntary)
• Contact address (P.O. Box is not sufficient)
• Email address: directly linked / clickable
• (Phone number: voluntary)
• (Further contact info / social media: voluntary)

The imprint must be linked on every single page of the website.

For links to external sites, a disclaimer in the imprint is recommended: “Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.”

Imprint obligation in Germany:

• Imprint obligation exists as soon as the website is operated commercially (goods, works or services are offered).
• Imprint obligation exists if the page is financed by advertising
• Imprint obligation exists also with medial contents or newsletter dispatch
• The only exception to the imprint requirement are sites that are operated exclusively for personal or family purposes. Nevertheless, an imprint is recommended

Private individuals:

• Name / First name
• Contact address (P.O. Box is not sufficient)
• Email address: directly linked / clickable
• phone number
• (Further contact info / social media: voluntary)

Legal entities:

• Company name according to register entry incl. the legal form (if applicable, with the indication “in liquidation”)
• Surname and first name Authorized representative (Managing Director)
• if available, the sales tax or business tax identification number
• Competent register office with register number
• any competent supervisory authority (certain professional groups)
• if necessary competent chamber, professional title and country of issue of the professional title
• Contact address (P.O. Box is not sufficient)
• Email address: directly linked / clickable
• phone number
• (Further contact info / social media: voluntary)

For journalistic content: Details of the person responsible for the content

For e-commerce websites: Link to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/

The imprint must be linked on every single page of the website.

For links to external sites, a disclaimer in the imprint is recommended: “Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.”

Imprint obligation in Austria

The imprint obligation applies to websites and electronic media in general that are distributed at least four times per calendar year in a comparable design, e.g. electronic newsletters. The following information must be mentioned in the imprint:

• the name or company name and
• the address of the media owner and the publisher.

Other websites and electronic media are subject to the so-called. Duty to disclose. However, the information can also be listed under the title “Imprint”.

Websites that are only the personal sphere of life and are not likely to influence public opinion must disclose the following information:

• Name or company name
• Business purpose
• Residence or registered office (branch)

Websites that also offer editorial or contain opinion-forming contributions must also disclose the following information:

• Names of the media owner’s executive bodies with power of representation (e.g. managing directors)
• In the event of the existence of a Supervisory Board, also its members
• For all persons directly or indirectly involved in a media owner, the respective ownership, participation, shareholding and voting right relationships
• Any dormant holdings in the media owner
• Fiduciary relationships for each stage
• In the case of participation of foundations, the founder and the respective beneficiaries
• In the case of an association, the board of directors and the purpose of the association
• Explanation about the basic direction of the medium resp. of the website, the so-called leaf line

For e-commerce providers, there are also additional disclosure requirements to consider. These are available at https://www.usp.gv.at/gruendung/gruendung-eines-online-shops/website.html.

The imprint must be linked on every single page of the website.

For links to external sites, a disclaimer in the imprint is recommended: “Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.”