On May 13, 2024, the Digital Services Act (DSA) was published in the Federal Law Gazette, thereby replacing the Telemedia Act (TMG). Here is an overview of what website operators should now pay attention to:
Overview of the Purpose of the Digital Services Act (DSA)
The Digital Services Act (DSA) primarily serves to complement the EU’s Digital Services Act (DSA). The DSA is an EU regulation aimed at reducing illegal content on the internet and establishes extensive obligations for online services. It creates a unified legal framework for digital services in Europe, such as online platforms and search engines. These providers must, among other things, establish procedures for reporting and removing illegal content.
The DSA regulates the implementation of these obligations in Germany. Therefore, almost all website operators are affected by the changes, especially if they reference the TMG or the TTDSG on their websites. The DSA aligns the national legal framework with the requirements of the DSA and establishes a legal framework for the official monitoring of compliance with DSA regulations.
However, the DSA not only relates to the Digital Services Act but also includes provisions that were previously part of other laws. The DSA replaces two laws: the Telemedia Act (TMG) and the Network Enforcement Act (NetzDG).
Changes and Innovations Brought by the Digital Services Act
Here are some of the key changes and innovations:
Imprint
One of the main changes concerns the provider identification in the imprint of websites. Companies and associations that operate websites should check if their imprint references the TMG. Previously, the imprint obligation was regulated in § 5 TMG. This obligation is now incorporated into § 5 DSA. The content remains unchanged; it is merely a formal adjustment.
The following information is still required in an imprint:
Name and Address of the Website Operator
The name and address must be clearly stated. For individuals, the first and last names are sufficient, while companies must also provide the company name, legal form, and the name of the authorized representative.
Contact Information
An email address is mandatory. A phone number is optional but helpful for transparency and professionalism. Alternative contact methods such as contact forms or live chats are permissible if inquiries are answered promptly.
Register and Registration Number
Companies must provide the registration number and the location of the register if they are registered in a public register.
VAT Identification Number and Business Identification Number
These details are also necessary if available.
Profession-Specific Information
Freelancers must provide additional information about their relevant chamber and professional regulations.
Special Information for AGs, KGaAs, and GmbHs
These companies must provide additional information, particularly in the case of liquidation or dissolution. There is also information about the imprint requirements for a GmbH, a GmbH & Co KG, and a registered association. Ltd.one GmbH & Co KG and one registered association.
Information for Journalistic and Editorial Content
The person responsible must be named with their address if the website regularly publishes updated information.
Additional Information for Businesses
Information about online dispute resolution and professional liability insurance is also required if applicable.
Term „Digital Services“
Instead of the term „telemedia,“ the DSA uses the term „digital services.“ According to the legal definition in § 1 Abs. 4 Nr. 1 DSA, a digital service is a service according to Art. 1 Abs. 1 lit. b RL (EU) 2015/1535, which refers to an information society service, i.e., any service normally provided for remuneration electronically at a distance and at the individual request of a recipient.
This change is also reflected in the renaming of the Telecommunications-Telemedia Data Protection Act (TTDSG), which is now called the Telecommunications-Digital Services Data Protection Act (TDDDG). However, apart from the change in terminology, nothing else changes. What remains decisive is whether a service is provided electronically at a distance and at the individual request of a recipient, usually for remuneration.
Impact and Recommendations
The DSA affects all online service providers, including web designers, online shops, and hobby bloggers. If your imprint previously referenced § 5 TMG, you should now change it to § 5 DSA. However, there is no obligation to cite the paragraph in the imprint.
Recommendations
Remove references to the TMG or the new DSA from your imprint to avoid errors.
If you were previously required to provide an imprint, you are still required to do so under the DSA. If your website still mentions „Mandatory information according to § 5 TMG,“ this must be updated. It is generally not necessary to explicitly cite the norm. „Imprint“ or „Provider Identification“ is sufficient. If your imprint is simply labeled as „Provider Identification,“ it must clearly indicate who is responsible for the content.
If you notice that a „Responsible person according to § 55 Abs. 2 RfStV“ is still listed, you should update this as well. Since November 2020, the relevant regulation is found in § 18 Media State Treaty (MStV).
Review Your Imprint
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- Does your organization, whether a company, association, or other entity, have its own website?
- Open the imprint of this website.
- Specifically search for the term „Telemedia Act“ or the abbreviation „TMG“ (e.g., „Imprint according to § 5 TMG“).
- If you find this term, action is required.
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You can create a personalized and free imprint using our imprint generator.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Note: The content of this article has been created to the best of our knowledge and belief. However, the complexity and ever-changing nature of the subject matter make it necessary to exclude liability and warranty. This article cannot replace legal advice.
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Attorneys in Cologne provide advice and representation in internet law.