Legal Notice (Impressum): The E-Mail Address Provided Must Actually Work (Court of Appeal Berlin, 5 UKl 1/26)

In its judgment of 11 August 2026 (case no. 5 UKl 1/26), the Court of Appeal (Kammergericht) in Berlin clarified that the obligation to provide a legal notice (Impressumspflicht) is not an empty formality but must be taken seriously by companies. § 5(1) no. 2 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG) obliges service providers to keep permanently available "information enabling rapid electronic contact and direct communication with them, including the electronic mail address". This information must be "easily recognisable and directly accessible".

It is not sufficient for this purpose if the e-mail address stated in the legal notice does not accept incoming messages and senders are referred to other contact channels by an automated reply. Nor does stating alternative contact options replace the prescribed electronic contact by e-mail.