Impressum on Instagram or your link in bio? What §5 DDG requires in Germany, and how to fix it

The law changed: §5 TMG is now §5 DDG

Older guides cite §5 of the Telemediengesetz (TMG). That law has been replaced. The Digitale-Dienste-Gesetz (DDG), dated 6 May 2024 and published in BGBl. 2024 I Nr. 149, came into force on 14 May 2024, and the Impressum duty now sits in §5 DDG.

The core sentence of §5(1) DDG says that providers of 'geschäftsmäßige, in der Regel gegen Entgelt angebotene digitale Dienste' must keep certain information 'leicht erkennbar, unmittelbar erreichbar und ständig verfügbar': easy to recognise, directly reachable and always available. A 'digitaler Dienst' is defined by reference to the EU's definition of an information society service, which covers websites, online shops and profiles run as part of a business.

The list of required details stayed essentially the same in the move. If your Impressum was complete before May 2024, check that it doesn't still cite '§5 TMG' as the source. IHK guidance points out that the law does not require you to name the legal basis at all, so the simplest fix is to drop the reference.

Who needs an Impressum on social media

The test in §5 DDG is whether the service is 'geschäftsmäßig' and usually offered for payment. In practice that is read broadly: the account does not have to charge for content itself, it only has to be part of an economic activity. German chambers of commerce say business presences on platforms such as eBay, Facebook, Amazon Marketplace, Xing, LinkedIn and the Google Play Store are covered, and the same reasoning applies to Instagram and TikTok accounts used for business.

Signs that your account is in scope:

• You sell products, courses, downloads or services, or take bookings, from the profile or the page it links to.
• The account promotes your own business, practice or shop.
• You earn from it through sponsored posts, affiliate links or brand deals.
• You are a business based outside Germany but your profile targets customers in Germany. If you are based in another EU country, check your home country's rules as well; in Austria, for example, the equivalent duty is in §5 of the E-Commerce-Gesetz (ECG).

What the Impressum must contain

§5(1) DDG lists the details. For a typical creator, freelancer or small business, these are the ones that apply:

• Your name and the address where you are established. A company adds its legal form and the people authorised to represent it, for example the managing director of a GmbH.
• Details for fast electronic contact and direct communication, including an email address. IHK guidance notes that the European Court of Justice accepted other routes besides the phone, but because the business carries the risk of judging that correctly, a phone number is expected in most cases, and it is mandatory for online shops selling to consumers.
• The commercial, partnership, association or cooperative register you are entered in, with the registration number, if you are registered.
• Your VAT identification number (USt-IdNr.) or economic identification number, if you have one. IHK guidance says the ordinary tax number (Steuernummer) does not need to be shown online.
• The supervisory authority, if your activity needs an official licence.
• For regulated professions (for example doctors, lawyers, architects): the chamber, the professional title and the country that granted it, and the professional rules with a way to access them.

The address problem for home-based creators

This is where most creators get stuck. The law asks for the address where you are established, and IHK guidance describes it as a 'ladungsfähige postalische Anschrift', an address where legal documents can actually be served. It states plainly that a P.O. box or an email address is not enough.

If you work from home and do not want your home address on a public page, the honest options are to rent a real business address where post can be served on you, or to use an office you already have. Before you pay for one, check that it really can receive post in your name. An address that only forwards letters, or that you can't be reached at, does not solve the problem it is meant to solve.

How to make it reachable from Instagram and TikTok

§5 DDG asks for the information to be easy to recognise and directly reachable. It does not say it must sit on the profile itself. IHK guidance cites the German Federal Court of Justice (BGH) ruling of 20 July 2006 (I ZR 228/03), often called the 'two-click' rule: details reachable through two links, such as 'Kontakt' and then 'Impressum', can be enough. Treat that as a ceiling, not a target.

A setup that works for most profiles:

• Put your full Impressum on a page you control: your own website, or a dedicated Impressum page.
• In the Instagram or TikTok app, go to 'Edit profile' and add a link to your website or link-in-bio page.
• On that page, add a link clearly labelled 'Impressum' (in German, even if the rest of the page is in English) that opens the full details in one tap.
• Don't hide it under a vague label such as 'More', 'About' or 'Info'. The label is what makes it 'leicht erkennbar'.
• If your profile allows a short bio line, 'Impressum: link in bio' is a helpful pointer, but the link itself has to work.
• Test the path on your phone as a visitor would: profile, bio link, 'Impressum'. If it takes more than two taps, shorten it.

What happens if it is missing: fines and Abmahnungen

Two separate risks exist. First, the authorities: under §33 DDG, keeping the information unavailable, incorrect or incomplete, whether on purpose or through negligence, is an administrative offence with a fine of up to 50,000 euros. That is a ceiling, not a typical amount.

Second, the Abmahnung (warning letter). Under §8 UWG, competitors, listed trade associations, qualified consumer associations and chambers can demand that you stop a breach, and §13 UWG says they should first send a warning letter asking you to sign a cease and desist declaration with a contractual penalty. One detail matters here: §13(4) UWG says competitors cannot claim their warning costs for breaches of information duties in digital services. Associations are not covered by that exclusion.

If you receive a warning letter, don't ignore it and don't sign the enclosed declaration unread. The penalty clause binds you for the future. Have a lawyer look at it, and fix the Impressum straight away either way.

Prevent it next time

An Impressum goes out of date quietly. A few habits keep it correct:

• Update it the same day you move, change your company name or legal form, register a company or receive a VAT ID.
• Check that the email address in it still works and is read. An inbox nobody opens is not 'fast electronic contact'.
• When you add a new platform, add the Impressum link there too, or point that profile to the same page.
• Re-test the link from each profile after you change your link-in-bio page or website, since a broken link breaks the whole chain.
• This is general information, not legal advice, and your own situation may differ. If you are unsure whether your account counts as commercial, ask your local IHK or a lawyer.

Using a link-in-bio page for this

If you use OneSol as your link-in-bio page, you can add a link block labelled 'Impressum' that points to your Impressum page, so visitors reach it in one tap from your profile link. OneSol does not write or check the Impressum for you; the details on that page remain your responsibility.