Many shop operators, online traders and private individuals are not aware of the scope of the legal regulations for Internet presences. Non-observance of the legal regulations can lead to various legal consequences such as warnings, injunctive relief and compensation for damages. We will give you a brief overview of the typical duties and rights of shop operators and owners of internet presences. The probably most important regulations originate from the areas of imprint and copyright, which are also called classics of the warning culture.
Web hosting and legal certainty
With web hosting, a customer is provided with storage space on a web server. This can be accessed via various accesses such as FTP homepages, WordPress and the like and publish its content on the Internet. The web host virtually rents out his data infrastructure - but that does not make him responsible for the legal security of the websites. Every operator of websites or blogs is subject to various obligations and should make sure to comply with the legal regulations.
The imprint obligation
If you hire a web host, you get domain, storage space and much more. Before uploading the website must be paid attention to publish an imprint. In Germany there is an imprint obligation, i.e. the establishment of an imprint is mandatory. Those who do not adhere to this can possibly be warned, resulting in a fine of several hundred euros. The most important regulations concerning the obligation to provide an imprint are found in § 5 TMG (Telemedia Act) and § 55 RStV (Interstate Broadcasting Treaty). The background of the imprint obligation is that surfers or Internet users should benefit from a minimum of transparency and information content. In the event that criminal prosecution becomes necessary or a dispute arises, the imprint is intended to identify the person, group of persons or legal entity behind an Internet presence. The legal regulations make exceptions, however: Purely personal or family websites are not subject to the imprint obligation under certain circumstances. An imprint does not have to be created individually. In most cases, it is sufficient to use an imprint template in which the personal data of the website operator is filled in.
Warnings due to faulty imprint
Whoever has a faulty imprint runs the risk of receiving a warning. Therefore it should be dealt with exactly which contents an imprint must have and which contents are illegal. By the way: You also need an imprint if you click on Facebook operate commercial fan pages. In a ruling in 2013, the OLG Düsseldorf considered it insufficient to include the imprint under "Info". This should be visible on the Facebook page at all times. No matter whether Facebook page, online shop or conventional website: the imprint must be visible at all times. It should not only exist on the start page, but on every subpage. The Telemedia Act stipulates that the imprint is mandatory for every business and commercial internet presence. Businesslike can also be a non-commercial internet presence. If you want to be on the safe side, you should include an imprint. It cannot cause any damage - but in case of doubt it can protect you from warnings.
Copyright regulations on the Internet
The Internet is not a lawless space. Product texts and product images are usually protected and should not be copied carelessly for other reasons. Search engines recognize whether texts and images exist multiple times or are of unique content. Websites with copied content are graded in search engine rankings, which is why importance should be attached to the creation of individual content. Product images are always protected - no matter whether they are artistically valuable or not. Those who take over images from their competitors can expect high fines. In the past, manufacturers of products have often warned dealers who took over product images without permission. Whoever takes over product images can expect warning costs and the payment of royalties, which are usually well over 100 euros per image used. Product texts are usually not protected. A protection only exists if not only technical data or manufacturer information has been taken over, but if there is a self-creative content. This exists if, for example, recommendations to buy or product tests are available. It always depends on whether the text has a high degree of individuality. This must be determined in each individual case. In the case of magazines and newspaper articles this individuality is always given. In principle, only those works may be used or exploited who have created them or who hold a licence for them. According to § 15 UrhG (Copyright Act), these rights include in particular exhibition rights, distribution rights, reproduction rights, lecture rights and similar rights. Operators of online presences and online shops should carefully consider whether they wish to take the risk of a warning or an action for damages. Ideally, all content should be created by the users themselves. Those who require larger amounts of images or text can commission these externally and thus create a legally secure environment.
