Germany: §5 DDG Replaced §5 TMG — Update Your Impressum

On 14 May 2024, Germany quietly swapped one law for another. The Telemediengesetz (TMG) was replaced by the Digitale-Dienste-Gesetz (DDG). If your website's Impressum still says "gemäß §5 TMG," it's pointing to a law that no longer exists.

The fix takes about thirty seconds. But understanding why it changed, and what it means for your business, is worth a few minutes of reading.

Why Germany replaced the TMG

The EU passed the Digital Services Act (DSA) in 2022. Every member state had to write the DSA into its own national law. Germany did this by creating the DDG, which took effect on 14 May 2024. The DDG replaced the TMG entirely.

The Impressum requirement moved from §5 TMG to §5 DDG. The section number stayed the same. The content stayed almost the same. But the legal reference changed, and that matters.

What actually changed in the Impressum rules

Honestly? Not much. The DDG kept the same Impressum requirements that existed under the TMG. You still need:

• Full legal name and street address (no PO boxes)
• Email address and phone number for direct contact
• Trade register details if your company is in the Handelsregister
• VAT identification number (Umsatzsteuer-ID, not your regular tax number)
• Editorial responsibility under §18 MStV if you publish blog posts or news

The big change is the legal basis. Your Impressum now falls under the DDG, not the TMG. References to the TMG are outdated.

There are also new provisions in the DDG around platform obligations, content moderation and transparency reports. Those mostly affect large platforms, not small business websites. For your Impressum, the practical difference is the law name.

For details on how VAT numbers must be displayed across the EU, see our guide on VAT number display rules.

Complete Impressum template under §5 DDG

Here is a full example that covers all mandatory fields. Replace the placeholder values with your actual business details.

Impressum

Angaben gemäß §5 DDG

Max Mustermann GmbH
Musterstraße 12
10115 Berlin
Deutschland

Vertreten durch:
Max Mustermann, Geschäftsführer

Kontakt:
Telefon: +49 30 12345678
E-Mail: kontakt@mustermann-gmbh.de

Registereintrag:
Handelsregister: Amtsgericht Berlin-Charlottenburg
Registernummer: HRB 123456

Umsatzsteuer-ID:
Umsatzsteuer-Identifikationsnummer gemäß §27a UStG: DE123456789

Verantwortlich für den Inhalt nach §18 Abs. 2 MStV:
Max Mustermann
Musterstraße 12
10115 Berlin

A few things to note about this template:

• The Vertreten durch line is required for GmbH and UG companies. It names the person legally authorized to represent the company (Geschäftsführer). For sole traders (Einzelunternehmen), you skip this and just list yourself as the owner.
• The Handelsregister entry is only required if your company is registered. Sole traders and GbR partnerships without a trade register entry can omit this section.
• The Umsatzsteuer-ID is your EU VAT identification number starting with "DE." If you don't have one yet because you're below the threshold, see the FAQ below on Kleinunternehmer rules.
• The §18 MStV section is needed if you publish editorial content like blog posts, news updates, or opinion pieces. If your site is purely a product catalog with no editorial content, you can leave this out.

Feel free to adapt this template to your legal structure. If you run an online shop, there are additional requirements for your terms and conditions page.

How to update your Impressum

Find the line that says something like:

Angaben gemäß §5 TMG

Change it to:

Angaben gemäß §5 DDG

That's it. If your Impressum also mentions "Telemediengesetz" anywhere, replace that with "Digitale-Dienste-Gesetz" or just "DDG."

While you're at it, double-check that all other required fields are still present and correct. Outdated phone numbers or old addresses cause more Abmahnungen than wrong law references.

Can you get fined for still referencing TMG?

The TMG reference alone probably won't trigger a fine. But it signals that your Impressum hasn't been reviewed since May 2024, which makes regulators and competitors look more closely at the rest of it.

The Abmahnung process: how it works and what it costs

Germany's Abmahnung system lets competitors send formal legal warnings for Impressum violations. Here is how the process typically plays out, step by step:

1. A competitor or their lawyer spots an issue. This could be a missing phone number, wrong legal reference, incomplete trade register info, or any other Impressum deficiency. Some law firms actively search for violations across entire industries.

2. You receive a formal Abmahnung letter. This is a legal warning, usually sent by a lawyer on behalf of the competitor. The letter lists the specific violations and demands that you fix them.

3. The letter includes an Unterlassungserklärung. This is a cease-and-desist declaration. You are asked to sign it, promising not to repeat the violation. Signing the standard version the lawyer sends is usually a bad idea — it often contains penalties that are too broad. Have your own lawyer review and modify it before signing.

4. You pay the lawyer fees. Under German unfair competition law (UWG), the party that caused the violation pays the other side's legal costs. This is the painful part.

Typical cost ranges:

• Simple Impressum violation (wrong law reference, missing email): 500 to 1,500 euros in lawyer fees
• Missing Impressum entirely: 1,000 to 2,500 euros
• Repeat violation after signing an Unterlassungserklärung: contract penalties of 2,500 to 10,000 euros per occurrence
• Court proceedings if you ignore the Abmahnung: 3,000 to 10,000+ euros including court costs

The system is controversial. Critics call it a business model for certain law firms that mass-produce Abmahnungen. But it is legal, and it works. An outdated TMG reference gives an Abmahnung lawyer a reason to check everything else on your page. If they find a missing phone number or incomplete trade register info alongside the TMG reference, you've got a real problem.

Keeping your Impressum current is cheap insurance.

Social media profiles

The Impressum requirement under §5 DDG does not only apply to your website. If you have business profiles on social media platforms — Instagram, Facebook, LinkedIn, TikTok, or any other platform — those also need an Impressum or a direct link to one.

Instagram: Add a link to your Impressum in your bio. Instagram does not have a dedicated Impressum field, so the bio link is your only option. If you use a link-in-bio tool like Linktree, make sure the Impressum link is visible without scrolling. German courts have ruled that burying the Impressum behind multiple clicks is not sufficient.

Facebook: Use the dedicated "Impressum" field in your page settings under "Page Info." Enter either your full Impressum text or a direct URL to the Impressum on your website. The link must go directly to the Impressum — not to your homepage with a footer link.

LinkedIn: Company pages should include the Impressum URL in the "About" section. For personal profiles used for business purposes (consultants, freelancers), add the Impressum link to your contact info or the "About" section.

TikTok: Add the Impressum URL to your profile bio. Like Instagram, there is no dedicated field.

The rule is straightforward: if you use a platform commercially, that profile needs an Impressum that is reachable within two clicks. This applies equally to German companies and to foreign companies targeting the German market.

Professional regulations for regulated professions

If you work in a regulated profession (freier Beruf), your Impressum needs additional information beyond the standard §5 DDG requirements. This applies to doctors (Ärzte), lawyers (Rechtsanwälte), tax advisors (Steuerberater), architects, engineers, pharmacists, and other regulated professions.

You must include:

• Professional chamber (Kammer): The chamber you belong to, including its full name and address. For example, "Rechtsanwaltskammer Berlin" or "Ärztekammer Nordrhein."
• Professional title and country of origin: Your exact professional designation and the country where it was granted. For example, "Rechtsanwalt, verliehen in der Bundesrepublik Deutschland."
• Applicable professional regulations: The specific laws and codes governing your profession. For lawyers, that is the BRAO (Bundesrechtsanwaltsordnung), BORA, and RVG. For doctors, the Berufsordnung of your state medical chamber. You must name the regulations and ideally link to where they can be read online.
• Professional liability insurance (Berufshaftpflichtversicherung): If required for your profession, you must list the insurer and the geographic scope of coverage.

Missing any of these in your Impressum is a violation of §5 DDG and can result in an Abmahnung, just like a missing phone number or address.

Dutch and Belgian businesses: does this affect you?

Yes, if you target German customers. The Impressum obligation applies to any commercial website aimed at the German market, regardless of where the business is based. If your site is available in German, ships to Germany or actively markets there, you need a compliant Impressum under §5 DDG.

This applies to NL and BE businesses selling across the border. Your KvK registration and Dutch business details are separate from the German Impressum requirement. You may need both. See our guide on KvK number requirements for the Dutch side of things.

For a full overview of Impressum rules across different countries, check our Impressum requirements guide for Europe.

Austria and Switzerland

Germany is not the only German-speaking country with Impressum requirements. Austria and Switzerland have their own laws, and they differ in important ways.

Austria bases its Impressum requirement on the Mediengesetz (MedienG) and the Unternehmensgesetzbuch (UGB) in combination with the E-Commerce-Gesetz (ECG). The Austrian Impressum is often called "Offenlegung" and requires:

• Company name, legal form, and registered office
• Contact details (email, phone)
• Firmenbuchnummer (company register number) and the court where registered
• UID-Nummer (Austrian VAT ID, format ATU12345678)
• Applicable supervisory authority if relevant
• For media-related sites: details about the editorial direction, the "Blattlinie" (editorial guidelines), and ownership structure under §25 MedienG

The MedienG disclosure is more detailed than what Germany requires. Austrian businesses that publish any kind of content — including blogs, newsletters, or opinion pieces — must disclose their ownership structure and editorial stance. This catches many small businesses off guard.

Switzerland has no single "Impressum law" like Germany or Austria. Instead, the requirement comes from the Obligationenrecht (OR) and the Bundesgesetz gegen den unlauteren Wettbewerb (UWG). Swiss websites must disclose:

• Company name, address, and email
• UID (Unternehmens-Identifikationsnummer) in the format CHE-123.456.789
• The entry in the Handelsregister if applicable
• VAT number (MWST-Nummer) if registered

Switzerland is not an EU member state, so the DSA and DDG do not apply there. But Swiss businesses targeting the German or Austrian market still need to comply with those countries' local Impressum rules — just as a Dutch business targeting Germany needs a DDG-compliant Impressum.

If your business operates across all three countries, you may want to maintain a single, detailed Impressum that satisfies the strictest requirements (usually Austria's MedienG disclosure).

FAQ

Is the TMG completely gone?

Yes. The Digitale-Dienste-Gesetz replaced the Telemediengesetz in full on 14 May 2024. Any legal reference to the TMG is now outdated. The DDG is the current law governing digital services in Germany.

Do I need a lawyer to update my Impressum?

For the TMG-to-DDG reference change, no. It's a text swap. But if you haven't reviewed your full Impressum in a while, it might be worth having a lawyer check the complete page. Requirements around contact details and professional regulations have been clarified by court rulings over the past few years.

What if my Impressum generator still outputs TMG?

Some older Impressum generators haven't been updated. If your generator still references §5 TMG, switch to a current one or manually edit the output. A tool that references a repealed law isn't a tool you should trust with your legal compliance.

Does this affect my cookie banner or privacy policy?

The DDG also replaced the TMG provisions on cookies and tracking. If your privacy policy references §15 TMG for tracking consent, that's also outdated. Cookie consent in Germany now falls under the TDDDG (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz) and the GDPR. But that's a separate update from the Impressum change.

I'm a Kleinunternehmer — do I need a Umsatzsteuer-ID?

If you use the Kleinunternehmerregelung (small business exemption under §19 UStG), you don't charge VAT and typically don't have a Umsatzsteuer-Identifikationsnummer. In that case, you are not required to list one in your Impressum. However, you still need every other required field — name, address, email, phone. Some Kleinunternehmer mistakenly think the entire Impressum is optional because they don't have a VAT ID. It is not. The Impressum requirement applies regardless of your tax status.

What is the difference between Umsatzsteuer-ID and Steuernummer?

The Umsatzsteuer-Identifikationsnummer (USt-IdNr.) starts with "DE" followed by 9 digits (e.g., DE123456789). It is your EU VAT identification number, issued by the Bundeszentralamt für Steuern. This is the number that belongs in your Impressum under §5 DDG.

The Steuernummer is your general tax number issued by your local Finanzamt. It follows a format like 12/345/67890 and is used for your tax returns. You should not publish your Steuernummer in your Impressum. It is not required by law, and publishing it gives people information about your local tax office that has no business being public. If you see advice telling you to add your Steuernummer to your Impressum, that advice is wrong.

Do I need a separate DSGVO privacy policy in addition to the Impressum?

Yes. The Impressum and the Datenschutzerklärung (privacy policy) are two separate legal requirements. The Impressum identifies who runs the website. The privacy policy explains what personal data you collect and how you process it, as required by Articles 13 and 14 of the GDPR (DSGVO in German). Both must be accessible from every page of your website, typically through footer links. They must not be combined into a single page — German courts have ruled that mixing them makes neither sufficiently accessible. See our privacy policy requirements guide for what your Datenschutzerklärung needs to contain.

Check your Impressum now

Not sure if your Impressum is up to date? Run a free scan of your website and we'll flag outdated legal references, missing contact details and other compliance gaps in minutes.