Key points at a glance
- Business websites in Germany need an imprint under Section 5 of the Digital Services Act, including those of freelancers.
- A GDPR privacy policy is mandatory as soon as personal data is processed, which is almost always the case.
- Analytics tools and marketing pixels may only load after consent via a cookie banner.
- You need usage rights for photos, texts and fonts.
Do I need an imprint as a freelancer?
Yes, if your website is commercial, meaning it presents your offer or is meant to win customers. The imprint must be easy to recognise, directly accessible and permanently available; a link in the footer of every page is common.
What belongs in the imprint?
- Full name and an address for service of documents, not a PO box.
- A fast way to get in touch: email plus another direct channel, such as phone or a contact form.
- VAT identification number, if you have one.
- For certain professions: chamber, professional title and professional rules.
- If registered in a register: register court and registration number.
- For editorial content such as a blog: the responsible person under Section 18 of the Interstate Media Treaty.
Privacy policy: what must it contain?
Even hosting a website processes personal data such as IP addresses. That is why practically every website needs a privacy policy. It names the controller, all services used, purposes and legal bases, storage periods, transfers to third countries and the rights of data subjects.
When do I need a cookie banner?
If your website stores or reads information on the device that is not technically necessary, for example for Google Analytics, the Meta pixel or embedded videos, you need consent first. The banner must make „Reject“ as easy as „Accept“, and the tools may only load after consent.
Images, texts and fonts
- Photos: only use your own images or images with a valid licence and observe credit requirements.
- People in photos: recognisable people generally need to consent.
- Fonts: host Google Fonts locally instead of loading them from Google's servers.
- Client logos and references: only show them with your clients' approval.
Common cease-and-desist traps
- Missing or incomplete imprint.
- Analytics tools that load before consent.
- Google Fonts loaded directly from Google.
- Third-party photos without a licence.
- Advertising claims that cannot be substantiated.
This overview does not replace legal advice. If in doubt, have your website reviewed.
Conclusion
With a complete imprint, a suitable privacy policy, a correct cookie banner and clean image rights, your website is legally well set up. This protects you from cease-and-desist letters and builds trust with your customers.
Frequently asked questions
AIMelanie Dincdemir
Marketing, digital business and business model development at Optivanta
This article is for general information only and does not constitute legal, tax or investment advice. It does not replace advice on your individual case. Despite careful research, we accept no liability for accuracy, completeness or timeliness; use is at your own risk. Articles bearing an author's name reflect that author's opinion. The provider of and party responsible for all content is Optivanta Solutions LLC. More in the imprint
A website with solid foundations?
Our websites come with an imprint, a privacy policy and a cookie banner that only loads tools after consent. You or your legal advisor provide the legal texts.