I checked the law now and its actually 2 different laws in effect:

 

Telemedia law, requires a basic imprint for all sites that is not only 
accessible for personal usage or family usage (if you give one single person 
access outside, it requires an imprint, even if that person is a friend. Only 
personal and family – which is mother, father, childs is permitted)

This also applies to RECEIVING mail on port 25, this requires a website with a 
imprint.

 

BUT – it ONLY requires name + address.

NOTHING MORE. (There are about responsible persons, but this only applies to 
journalistic media)

 

Then you have telecommunication law, that for business-like services for 
remundiation, must also provide:

 

2: Personal identity number

3: Contact details, including phone number and email address

4: Personal or commercial Tax ID

5: if you have a title that requires a permit, any information about these 
permits.

6: Registry number for the corporate register

 

You do NOT need to provide contact details if you don’t operate a business-like 
service for remundiation according to §5.

Name and residency address is enough.

 

Från: Kai 'wusel' Siering via mailop <mailop@mailop.org> 
Skickat: den 23 oktober 2022 04:09
Till: mailop@mailop.org
Ämne: Re: [mailop] Tangent: Banks and imprint requirements in Germany

 

We're quite diverging from the topic ...

Am 23.10.22 um 01:30 schrieb Sebastian Nielsen via mailop:

a htaccess wont discharge you from being a "public service".


Yes, no, maybe. German courts seem to be ok with an .htaccess to keep the 
general public out for you to not need an imprint page (even outside of the 
.htaccessed-off namespace, that is).




As long as you respond from packets from the public, you are a public service, 
even if you have .htaccess password protection.


Says who, in which legal context in which jurisdiction?




For example, Swedish cookie law […]


So a Swedish webmaster (d/f/m) has to put up an imprint on their website as 
well and show a cookie banner before it can be seen? (FTR: This, again, is a 
rhetorical question.)




Note here that cookie law applies to ALL public websites and services that use 
cookies - even if you are offering them without remundiation.


But we're currently on the topic of "Tangent: Banks and imprint requirements in 
Germany", and while the inconsistent regulation across the EU member states 
certainly is fascinating, I fail to see the relevance of cookie laws to 
worldwide mail operation?




Do you have the §18 in full?


 <https://www.gesetze-bayern.de/Content/Document/MStV> 
https://www.gesetze-bayern.de/Content/Document/MStV
 <https://www.landesrecht-hamburg.de/bsha/document/jlr-MedienStVtrHArahmen> 
https://www.landesrecht-hamburg.de/bsha/document/jlr-MedienStVtrHArahmen

Somehow it isn't covered by  <https://www.gesetze-im-internet.de> 
https://www.gesetze-im-internet.de (run by the Federal Ministry of Justice and 
the Federal Office of Justice), maybe because it's just a »Staatsvertrag« 
between all 16 Federal States (media law is, IIRC like some other areas, state 
law; some events between 1933 and 1945 suggested that, going forward, the 
central government should better be left out of control).

Ciao,
-kai

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