District Court of Dortmund, 08.08.2011, Case No.: 10 O 111/11
Please note: The TMG has been replaced by the DDG, and the content of this article is up to date. You can find an overview here. Please note: The TMG has been replaced by the DDG, but the decision likely remains relevant. An overview can be found here.
There are frequent court rulings on the subject of which mandatory content must be included in the legal notice (Impressum) of a website, for example, the website of a tax consultancy or a law firm, or any other operator on the internet.
The placement of the Impressum on the website and its accessibility are also often the subject of judicial decisions.
The Impressum must at least contain the following information:
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- Name and Company: If the operator of the website is an individual, the first and last name must be stated and spelled out. However, if the operator is a legal entity (e.g., a company), the company name (e.g., XY KG or XY GmbH) must be included, and the authorized representatives (e.g., managing directors in the case of a GmbH) must be named.
- Address: Address: For legal entities, this is the company’s registered office, and for individuals, it is their residence.
- Telefon, Telefax und E-Mail-Adresse: Telephone, Fax, and Email Address: If available, both the telephone number, fax number, and email address must be provided.
- If available, both the telephone number, fax number, and email address must be provided. Supervisory Authority with Postal Address: The supervisory authority and its address must be indicated, among other things, if the activity or service offered on the website is provided by a service provider that is subject to a supervisory authority.
- Supervisory Authority with Postal Address: The supervisory authority and its address must be indicated, among other things, if the activity or service offered on the website is provided by a service provider that is subject to a supervisory authority. VAT Identification Number or Business Identification Number: If a VAT identification number or business identification number is available, these must also be indicated. vorhanden sind, müssen auch diese angegeben werden.
- Registriernummer und Register: Registration Number and Register: If the operator is registered in a register (e.g., commercial register, partnership register, association register, or cooperative register), the register, the registration court, and the registration number must also be provided.
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Beim Platzieren des Impressums ist dann darauf zu achten, dass dieses leicht erkennbar ist, das es unmittelbar erreichbar ist und dass die ständige Verfügbarkeit gewährleistet ist.
Depending on the website operator, additional and very different requirements may be necessary in the Impressum. For example, law firms must include information about their professional liability insurance and supervisory authority.
In the case mentioned above, the District Court of Dortmund had to decide in an interim injunction procedure whether a law firm had violated the Unfair Competition Act (UWG) because it failed to provide information about the professional liability insurance applicable to the lawyer in its Impressum.
Facts of the Case:
The defendant was a licensed lawyer and operated an internet presence. In the legal notice of the website, he did not include information about his professional liability insurance, nor the corresponding address, website, or territorial scope. As a result, the lawyer was warned by a competitor.
When the defendant refused to comply with this warning, the plaintiff filed for an interim injunction.
Decision of the District Court of Dortmund:
The District Court of Dortmund agreed with the plaintiff and ruled that, according to § 5 of the TMG, the lawyer was required to provide information about his professional liability insurance in his Impressum.
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 Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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