In short: In Germany, businesses also need a legal notice (Impressum) on social media under Section 5 of the Digital Services Act (DDG), which must be easy to recognize and reachable within two clicks at most. A link to the website's legal notice in the profile bio is usually sufficient. Photos, videos and music may only be used with the necessary rights, and people may only be shown with consent. Advertising must be recognizable as such, and the privacy policy should mention the social media profiles.
Note: This article provides a general overview of the legal situation in Germany and does not replace legal advice. For specific cases, please consult a lawyer or your chamber of commerce.
Legal questions put many businesses off. Yet the most important points can be settled properly once with manageable effort. After that, everyday work runs largely worry-free.
Legal notice: mandatory on Instagram, Facebook and LinkedIn too
Anyone with a commercial online presence must provide provider information. Since May 2024, this has been governed by Section 5 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG), which replaced the earlier rule in the Telemedia Act. The obligation also applies to business profiles on social networks.
The legal notice must be easy to recognize, directly accessible and permanently available. In practice, the "two-click rule" has become established. In 2026, the Higher Regional Court of Hamburg confirmed that a link in the Instagram bio to the website, where the legal notice is easy to find, can meet these requirements.
Practical tip: In your bio, link directly to the legal notice page or to a link page where "Legal notice" or "Impressum" is clearly labeled. Facebook has its own field for the legal notice; on LinkedIn, the link can go in the company description. You can find our own legal notice as an example here.
Image rights: not everything online may be shared
Photos, graphics and videos are protected by copyright. If you want to use other people's content, you need a license or permission from the creator. This also applies to images from Google search and to posts from other accounts.
- Your own photos: The safest solution, as long as no identifiable people are shown without consent.
- Stock photos: Read the license terms; some licenses exclude certain uses.
- Customer posts: Ask for permission before sharing and credit the person. More under user-generated content.
- Photos from manufacturers or partners: Check whether they're approved for social media. In partner networks, the head office often provides approved content.
People in photos: the right to one's own image
If you show identifiable people, you generally need their consent. This applies to customers as well as employees. For employees, consent should be given in writing. Exceptions, for instance for public gatherings or people as incidental "accessories" to a scene, are narrowly defined. When in doubt, ask, or take photos in a way that no one is identifiable. More on this in the article employees as the face of the brand.
Music in Reels
The music libraries of Instagram and TikTok are often restricted for business accounts because many songs are only licensed for private use. Business accounts should therefore use the platform's approved commercial music selection, royalty-free music or their own audio recordings.
Labeling advertising
Commercial content must be recognizable as such. For a business profile showing its own products, the promotional nature usually already follows from the context. It's different for collaborations with influencers or other businesses: here, the partnership should be clearly labeled, for example using the "Paid partnership" feature or a clear note like "Ad". The glossary entry on influencer marketing explains the background of collaborations.
Data protection and GDPR
Businesses that run social media profiles should mention them in their privacy policy and point out the data processing by the platforms. For a long time it was disputed whether operators of a Facebook page are jointly responsible with Meta for data processing. The European Court of Justice affirmed this in 2018. In 2025, the Administrative Court of Cologne ruled, in a case concerning the Facebook page of the German Federal Press Office, that merely operating a fan page does not establish joint controllership. The ruling is not yet final.
In practice this means: keep privacy notices transparent, avoid unnecessary tracking features and regularly review plugins embedded on your website. For customer inquiries via direct message: don't exchange sensitive data such as health information via social media, but refer to secure channels.
Checklist for your business profile
- Legal notice reachable within two clicks at most
- Social media profiles mentioned in the privacy policy
- Usage rights for all images, videos and music clarified
- Written consent from employees who are shown
- Collaborations and paid partnerships labeled
- A short code of conduct for the comment section
When content is created with ViralSpoon, it helps to know where images and source material come from. The guide origin of images and source material explains this.
Frequently asked questions
Do I need a legal notice on Instagram in Germany?
Yes, if you use Instagram commercially. Under Section 5 DDG, the legal notice must be easy to recognize and quickly accessible. A link in your bio to the legal notice page on your website is usually sufficient.
Can I post images from the internet on social media?
Only if you have the necessary usage rights, for example through a license or the creator's permission. Images from Google search are not automatically free to use.
Can I show customers in photos?
Generally only with their consent if they are identifiable. When in doubt, ask, or take photos in a way that no one can be identified.
Which music can a business use in Reels?
Use the platform's commercially approved music selection, royalty-free music or your own audio. Many well-known songs are not licensed for business accounts.
