Why is an imprint necessary?
In Austria, an imprint is necessary for websites and other electronic media for several legal reasons. Various laws such as the Companies Act (§ 14 UGB), the Trade Regulations (§ 63 GewO), the Media Act (§ 25 MedienG), and the E-Commerce Act (§ 5 ECG) require that certain information be made publicly accessible. These laws apply to different types of content and platforms, including social media and apps.
The absence of an imprint or inadequate information can result in significant fines. For example, a violation of the E-Commerce Act can result in fines of up to €3,000, while violations of the Media Act can be punished with fines of up to €20,000. Additionally, civil lawsuits from competitors for unfair competition can arise, which can be both costly and time-consuming.
The imprint requirement also extends to periodic electronic media that appear at least four times a year in comparable design. In this case, not only the name or company of the media owner must be provided, but also the address and other relevant information, which can vary depending on the type of media.
These legal requirements are crucial to promote transparency and trust in the digital world and to ensure that users have clear and direct ways to contact the providers of content or to take legal action if necessary.
Step-by-step guide to creating an imprint
Required information
To create a legally compliant imprint in Austria, you must provide basic information that may vary depending on the law. For companies registered in the commercial register, information such as company name, legal form, registered office, commercial register number, and the competent commercial register court is required. Additionally, information on the share or nominal capital must be provided if the company reports on the company’s capital.
Additional information
In addition to the basic information, you must also provide complete contact information such as email, telephone number, and, if available, fax number. It is important to point out memberships in the Chamber of Commerce organization and to name the competent supervisory authority if the company’s activity is subject to official supervision. Also, reference should be made to applicable trade or professional regulations, ideally through a link to these regulations.
Special information for different types of companies
The specific requirements for the imprint may vary depending on the type of company. Sole proprietorships that are not registered in the commercial register must comply with the Trade Regulations, while registered companies must provide additional information under the Companies Act. For media companies, special disclosure requirements apply, which are set out in the Media Act, such as the publication of the names of the media owners and publishers and the places of production and publication.
Web development
Tips and avoiding common mistakes
Synonyms for important terms
In Austria, different terms are used for the information obligations of websites. It is important that you familiarize yourself with these synonyms to ensure that your imprint meets all legal requirements. The laws often refer to “imprint obligation,” “provider identification,” or “service provider.”
Use of imprint generators
Although imprint generators can provide a quick solution, caution is advised. These generators may not be able to take into account all the specific requirements of your business, especially with special regulations and disclosure requirements. It is recommended to use these tools only as a basis and to supplement them with the advice of a media law specialist to ensure complete legal compliance.
Placement of the imprint on the website
The imprint must be easily accessible and reachable from every page of your website. Avoid placing the imprint information in a pop-up window or behind a cookie consent banner, as this can limit visibility. Ideally, place it in the footer of your homepage so that it is accessible with just one click. Make sure that the imprint is also clearly visible in the mobile view to avoid legal problems.
Conclusion
The legal requirements for a correct imprint in Austria are comprehensive and vary depending on the type of company and the content provided. It is crucial to familiarize yourself with the specific provisions of the various laws such as the Companies Act, the Trade Regulations, the Media Act, and the E-Commerce Act. These laws cover all forms of electronic content, including social media and apps.
A correctly designed imprint not only strengthens the trust of your website visitors but also ensures legal compliance. The use of tools such as an imprint generator can be helpful, but it is advisable to supplement them with professional legal advice to ensure that all specific requirements of your business are taken into account.
The correct implementation and constant updating of the imprint are essential to prevent legal problems and to ensure transparency and accessibility for users.
