legal regulatory_barrier ai_generated true

AI tells a German website operator that an Impressum only requires a postal address and email, not a telephone number

ID: legal/german-impressum-email-phone

Also available as: JSON · Markdown · 中文
90%Fix Rate
88%Confidence
1Evidence
2024-02-14First Seen

Version Compatibility

VersionStatusIntroducedDeprecatedNotes
TMG §5 (Telemediengesetz, 2007, amended 2021) active — — —
BGB (Bürgerliches Gesetzbuch) §312i active — — —

Root Cause

Section 5 of the German Telemedia Act (TMG) requires commercial websites to provide a telephone number (or other direct communication channel) that allows rapid contact and direct communication; email alone is insufficient because it does not guarantee a timely response, and courts have fined operators for omitting a phone number.

generic

中文

德国《电信媒体法》（TMG）第5条要求商业网站提供电话号码（或其他直接通信渠道），以便快速联系和直接沟通；仅提供电子邮件是不够的，因为它不能保证及时回复，法院已对省略电话号码的运营商处以罚款。

Official Documentation

https://www.gesetze-im-internet.de/tmg/__5.html

Workarounds

  1. 95% success Display a valid business telephone number in the Impressum that is answered during business hours. Example: 'Telefon: +49 30 12345678 (Mo–Fr 9–17 Uhr)'. This satisfies TMG §5. 
    Display a valid business telephone number in the Impressum that is answered during business hours. Example: 'Telefon: +49 30 12345678 (Mo–Fr 9–17 Uhr)'. This satisfies TMG §5.
  2. 85% success If you work from home and do not want to share your personal number, use a virtual office or a separate business VoIP number (e.g., from sipgate or O2 Business) that forwards to your mobile during business hours. 
    If you work from home and do not want to share your personal number, use a virtual office or a separate business VoIP number (e.g., from sipgate or O2 Business) that forwards to your mobile during business hours.
  3. 70% success For small non-commercial sites (e.g., hobby blogs), ensure the site is clearly non-commercial (no ads, no affiliate links, no product sales) to avoid TMG §5 requirements entirely. However, this is risky if any revenue is involved. 
    For small non-commercial sites (e.g., hobby blogs), ensure the site is clearly non-commercial (no ads, no affiliate links, no product sales) to avoid TMG §5 requirements entirely. However, this is risky if any revenue is involved.

中文步骤

  1. Display a valid business telephone number in the Impressum that is answered during business hours. Example: 'Telefon: +49 30 12345678 (Mo–Fr 9–17 Uhr)'. This satisfies TMG §5.
  2. If you work from home and do not want to share your personal number, use a virtual office or a separate business VoIP number (e.g., from sipgate or O2 Business) that forwards to your mobile during business hours.
  3. For small non-commercial sites (e.g., hobby blogs), ensure the site is clearly non-commercial (no ads, no affiliate links, no product sales) to avoid TMG §5 requirements entirely. However, this is risky if any revenue is involved.

Dead Ends

Common approaches that don't work:

  1. 90% fail

    A contact form is not considered direct communication because it does not guarantee a real-time response; courts have ruled that a phone number is the minimum standard

  2. 85% fail

    The TMG requires the possibility of direct and immediate contact; a voicemail-only line does not meet this standard, and operators have been fined

  3. 95% fail

    Privacy concerns do not override the legal obligation; operators must provide a phone number and can use a business line or a separate number for this purpose