The article you linked to, was very clear (when running it through google translate) that the imprint requirement only required if it was a PAID service, requiring some compensation to use.
"(1) Service providers shall keep the following information easily recognisable, directly accessible and permanently available for business-like telemedia, which are generally offered for remuneration:" Business-like telemedia and remuneration is about payment, commercial services that require money or other compensation to use. Note however, that ads sometimes count as payment. It all depends. It also applies to services that are offered for free as part of another payment. You can't just say: "Buy this pizza and gain access to this site for free" and then not need to have a imprint. But completely free services, are completely excempt from the imprint law. If its free as in free beer, its not a service "offered for remuneration" and thus law does NOT apply. In Sweden for example, we have a identical law for telecommunication (being a ISP). If you provide free public wifi in a café, you do NOT need permission or notify the authorities. But if you ask for payment, or require that the customer buys something to gain the wifi password, then it’s a service "offered for remuneration" and you need a telecommunications license like a ISP in Sweden. -----Ursprungligt meddelande----- Från: Kai 'wusel' Siering via mailop <mailop@mailop.org> Skickat: den 23 oktober 2022 00:42 Till: mailop@mailop.org Ämne: Re: [mailop] Tangent: Banks and imprint requirements in Germany Moin, am 22.10.22 um 23:33 schrieb Jaroslaw Rafa via mailop: > Dnia 22.10.2022 o godz. 19:06:25 Sebastian Nielsen via mailop pisze: >> That’s why, running a PAID online service usually requires permission >> from the government too, so the government can do regular visits and >> checks to ensure you do the maintenance and provide the safety you >> promise or what can be expected by a customer. > Does it really require a permission in Germany to run an online service? What is an "online service"? The imprimt stuff in Germany stems from Germany's »Telemediengesetz« (TMG), which defines what »Telemedien« are and what applies to someone providing them. And I don't think it's really useful to debate this in a foreign language arcoss very different legal systems ;-) For some services addressing the general public – like a public WiFi –, the operation has to be notified with the regulating authority (»BNetzA«). Whether or not a personal blog IS just a personal blog (no imprint needed) or considered to be a »Telemedium« (imprint needed): German legalese applies. Fun fact: YouTube channels and the like could be seen as a broadcasting service, requiring an actual broadcast license like any TV or radio station ;-) > Does some governmental agency really visit the company and checks anything? Depends. > But to be just a hosting company, or a mail service provider, using > existing networks operated by other entities, in most countries that I > know, requires only to be legally registered as a company. AFAIK EU is still working on unifying the legal framework in the telecommunications area. But I'm rather sure there's no need to be a registered company to provide internet related services in Germany. -kai _______________________________________________ mailop mailing list mailop@mailop.org https://list.mailop.org/listinfo/mailop _______________________________________________ mailop mailing list mailop@mailop.org https://list.mailop.org/listinfo/mailop
