Judgement of the Regional Court of Nuremberg-Fürth, 10 July 2024, Ref: 4 HK O 7215/23
A recent ruling by the Nuremberg-Fürth Regional Court (Ref.: 4 HK O 7215/23 of 10 July 2024) shows how important it is to have a correct legal notice in accordance with the Digital Services Act (DDG). Errors or omissions can result in high claims for damages. https://www.mth-partner.de/impressumgenerator/impressum-generator.php
What was the case about?
The case centred on a hotel website whose legal notice had not been updated following the death of the original owner. The defendant co-heir and authorised signatory failed to update the website accordingly. This led to an association for the promotion of fair competition (the plaintiff) filing a lawsuit against the deceased hotel owner, which resulted in unnecessary legal costs.
Legal background: The obligation to update according to the DDG
According to Section 5 of the Digital Services Act (DDG), which has replaced the Telemedia Act (TMG), there is a legal obligation to keep the legal notice of a website up to date and correct. In the event of the death of the original owner, this obligation is transferred to the heirs, who must update the legal notice no later than six weeks after becoming aware of the inheritance.
In addition, the Unfair Competition Act (UWG) regulates further competition law consequences of an incorrect imprint. Infringements can result not only in civil claims for damages, but also in warnings and injunctions. In addition, the General Data Protection Regulation (GDPR) obliges website operators to provide data protection information in the legal notice, which harbours further risks in the event of non-compliance.
Judgement: Compensation for breach of the imprint obligation
The court found that the defendant had breached his duty under Section 5 DDG and was therefore liable for damages under Section 823 (2) of the German Civil Code (BGB). This breach of duty was deemed to be negligent, as the defendant would have been able to update the legal notice independently as a sole authorised signatory. The damages incurred totalled 2,533.76 euros.
Consequences for the person responsible: Obligation to pay and interest
The court ordered the defendant to reimburse the damages incurred, plus interest at a rate of five percentage points above the base rate, starting from 21 January 2023. The defendant therefore bears both the principal claim and the legal costs incurred.
Significance of the judgement for website operators
The judgement underlines that website operators must keep their legal notice up to date. Immediate action is required, especially in the event of changes such as death or succession. Otherwise there is a risk of severe financial consequences and legal action.
Instructions: Create a legally compliant imprint in accordance with DDG
To create a legally compliant legal notice in accordance with the DDG requirements, follow these steps:
- Identity detailsFull name, summonable address and contact details (telephone, e-mail).
- Legal form and power of representationLegal entities state their legal form and authorised representatives.
- Register entriesIf applicable, please state the registration court and registration number.
- Sales tax IDIndication of the VAT identification number, if available.
- Professional legal informationSupervisory authorities and professional regulations for regulated professions.
- DisclaimerClear note on liability for external links.
Check and update your legal notice regularly, especially in the event of relevant changes: https://www.mth-partner.de/impressumgenerator/impressum-generator.php