Even though it sometimes seems like it: Facebook is by no means a legal free space. Legal protection is all the more important because in recent years there has been a veritable wave of takedown notices. We show how to with your Facebook imprint on the safe side are, what information must be present in the imprint and where it should be placed.
The legal basis
In terms of Facebook imprint §5 of the Telemedia Act Your contact point #1. The legal imprint obligation is anchored here. The legislator does not distinguish between different online presences at this point. So it is no matter if you have a blog, an online store or a Facebook page operate with commercial benefit.
By the way, your Facebook page is not automatically considered private if you don’t want to make a profit with it. A business-like page is any page that either directly refers to the Sale of goods or services be targeted or that represent your own company – so make advertising on your own behalf – or then, if on the page Advertisement placed becomes. The profit-making intention is therefore not necessarily in the foreground.
So how must the imprint be designed in the eyes of the law? The two requirements in the Telemedia Act read:
- The imprint must simply recognizable
- It must be directly accessible
This means for your Facebook page concretely that your imprint not just anywhere in the info section may buzz around and furthermore, that the information on the imprint for the user is only maximum two clicks may be removed.
The mobile version of Facebook and the Facebook app are also not exempt from this rule. Only in the newer versions of Facebook, it is now possible to display the imprint even on the smartphone.
Consequences of a missing imprint
If the imprint is missing on Facebook, this is not a mistake for which courts (and your competitors) are lenient. Already the Warning is liable to pay costs. You must expect a penalty payment in the three-digit range.
In addition, you must sign a declaration of discontinuance, obliging you to keep a correct imprint on your Facebook page in the future. Even in the case of a design change with many innovations, the declaration does not lose its effect.
Caution is certainly better than indulgence at this point, because an Contractual penalty will cost you dearly. Up to 5000 EUR will cost you a missing Facebook imprint or one that is in the wrong place.
Create Facebook imprint: This is the right way
Imprint is equal to imprint, it is said in this case. All the information that must be on your website, should also be published on Facebook.
This information usually includes the following:
- Information about the site operator:
- first name
- (summonable) address
- Email address
- Phone number
- fax number
This information is mandatory for anyone who uses Facebook for business purposes, including private individuals and freelancers (z.B. photographers).
For companies further mandatory fields are added:
- legal form of the company (GmbH, GbR etc.)
- Authorized representative (Managing directors, board members, authorized signatories, etc.).)
- Register entry and registration number (z.B. commercial register, register of associations)
- Sales tax identification number (VAT ID)
In addition, you must be available for certain professions special information must be provided. This includes profession-specific details, details of liability insurance, details/link to the supervisory authority, etc.
If you are not quite sure what information is actually required when creating your Facebook imprint, you should definitely play it safe here. Research in detail, what should be in your Facebook imprint and possibly use a Facebook Imprint Generator, which allows you to insert all relevant information step by step and to copy and paste the finished imprint on your site afterwards.
Include imprint on Facebook
Facebook offers a variety of different page types. Commercial activities should be best about a Facebook Page and the Facebook Business Manager lead. In fact, private accounts require the same strict fulfillment of all criteria, without, however, offering the same technical possibilities.
Until a few years ago it was rather complicated to integrate an imprint on Facebook. Workaround solutions with an imprint in the page description or a link referring to the own website was the best approximate solution that could be presented. There were also court disputes due to the designations: While imprint, provider, contact or About us as a clear designation, the note "Info" was not sufficient.
Imprint on Facebook Pages
Facebook is now making it a little easier for us and you. Meanwhile there is for business-like pages and Fanpages (Community Pages) namely a platform-own imprint column, in which all legally required information can be inserted.
And this is how you find the imprint field:
- Navigate via info to page info and further to more info.
- Select the imprint field and click edit.
- Insert your imprint.
- Do not forget to save your changes.
This sounds simple, however Facebook has built in a small hurdle. In fact, the number of characters is limited to 2000 characters. Depending on what information you need in the imprint, this gets you into trouble.
Clear abbreviations are usually allowed. However, make sure that the name, company, address and email address are clear and identifiable. Also a Link to the imprint on your website is in order. Requirement: the way to the imprint is still only two clicks.
Imprint in apps
With an imprint on your Facebook Page you have already made a giant leap forward and secured yourself legally. Also Facebook applications should not be left without an imprint. If you rely on an app for competitions, for example, which can be called up individually, you should also make an effort here to keep a clean slate from a legal point of view. It is best to add a Link to your imprint a.
Imprint in personal profile
We have already indicated it: If you carry out commercial activities with your personal profile, you are already business-like on the road and have according to the Telemedia Act an imprint obligation.
What exactly is a commercial activity, unfortunately, cannot be conclusively clarified and is interpreted differently. Anyone who chats about his job without marketing himself seems to continue to be considered a private person, whereas anyone who active advertisement in own thing makes or advertises for others, pursues thereby a business intention.
As for public pages, an imprint is in the info rubric do not sufficiently, since not easily recognizable. Best, you take a link to the Imprint under contact on and point explicitly to the fact that it concerns the imprint (thus after the scheme imprint: Link to page/imprint).
However, the best tip for anyone with a private profile and business-like intent is to create a prefer a Facebook Page and/or. As a private person, you tend to hold back on active advertising on your own behalf or on behalf of others, so as not to fall into a legal trap.