There are several statutory provisions to prescribe the information to be compulsorily included in the site notice (imprint) of a website. It occurs rather frequently that the imprint is neglected and is not provided with the necessary contents, and in the case of websites the statutory prescriptions relating to the obligation of the imprint are not observed.
In this case, however, a violation may be very expensive: in addition to an administrative transgression the violation of the obligation of imprint may also entail competition law consequences. Competitors can, in the event of a knowingly perpetrated concealment of the operator, recognise an unfair competition advantage via infringement and call upon the operator for discontinuance. Thus checking the imprint for completeness is recommendable for each operator of a commercial website. The issue, which are the pieces of information to be compulsorily included is depending on the corporate form of the company and several determining factors of the website. The imprint must be, according to Section 5 of ECG (E-Commerce Act) “accessible easily and directly”.
The Esztegar Law Office offers a package of consulting under the name “Imprint-Check”, in order to revise the existing site notice and potentially complement it by the required data and details.