Timeline for Can I use a pseudonym in the Impressum of a non-commercial website?
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
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| Jan 17, 2023 at 18:06 | comment | added | amon | @Fritz Again, note that TMG information rules and GDPR information rules have significant overlap. While TMG is more explicit, the GDPR information requirement is generally understood to be equivalent. Even if you move nominal control of the site outside of the EU, you'd have to comply with EU rules if you target the EU market with your service, and if you'd be managing the site from here it would still have a German establishment. All of this stems from EU directives anyway, and UK has retained their counterpart to §5 TMG in S 6 of the The Electronic Commerce (EC Directive) Regulations 2002. | |
| Jan 17, 2023 at 16:04 | comment | added | Fritz | Thanks for clarification. I want to fulfill requirements for GDPR, since when people like it I will think about founding a company and I want to be prepared. So the only way to escape TMG is to make the website someone elses website (e.g uk limited or other person outside of the EU). | |
| Jan 17, 2023 at 15:10 | comment | added | amon | @Fritz It doesn't matter whether your specific platform hosts commercial content, only if similar media offerings are typically offered commercially. The TMG will typically apply to all German websites. Even if it doesn't, that would only absolve you from the TMG requirements, not from the broadly equivalent GDPR requirements. The only relevant GDPR exception is for “purely personal or household purposes” which must be interpreted narrowly, which is why I mention family and close friends in my answer. | |
| Jan 17, 2023 at 10:12 | comment | added | Fritz | It will be just user content, no content from myself except rules, faq and so on. Commercial content from users will be strictly forbidden since it should not be a marketplace in any kind, just a discussion platform about a specific hobby. Users can however chat in private, so I do not have any influence what the do there since I'm not allowed to look inside of them I think. | |
| Jan 17, 2023 at 9:02 | comment | added | Hobbamok | In addition to this: Even with 0 ad banners and the likes, if the website is to showcase other commercial work (like, a forum for the donation-based videogame you're developing) it is commercial again. It's a mess tbh | |
| Jan 17, 2023 at 8:59 | comment | added | Hobbamok | @Fritz you should be fine then, however, "geschäftsmäßigkeit" is an even further (wider) defined thing than buisness activity. However, if you have nothing to do with money at all (no ads no donation system [even just between other forum members], no paypal donation link whatever) you should be good. On the other hand: This is a ridiculously badly defined term and so you are open to lawsuits about it (which you have a good chance of winning but still) | |
| Jan 17, 2023 at 7:29 | vote | accept | Fritz | ||
| Jan 17, 2023 at 7:29 | comment | added | Fritz | Thanks for your clear answer. With "this only requires that the service could be paid" you mean offering a paid service or that I pay the hosting? I do not offer anything, not even donations because currently I also do not pay any hosting fees. | |
| Jan 16, 2023 at 18:19 | history | answered | amon | CC BY-SA 4.0 |