Note: I am not a lawyer and do not provide legal advice. This article is for general information only. It is based on the German Digital Services Act (DDG), the GDPR and information from eRecht24. For your specific situation, please consult a lawyer.
Many self-employed people in Germany start with Instagram: a profile is set up quickly, and the first clients come through posts and recommendations. A website often comes later – sometimes because the budget is tight at the start, sometimes because it simply doesn’t feel necessary yet.
The short answer to the most important question: If you use Instagram for business, you will usually need an imprint (Impressum) and a privacy policy – even without your own website. This article shows how that works in practice.
Who needs an imprint on Instagram?
Since May 2024, the imprint obligation has been set out in Section 5 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG); previously it was in the Telemedia Act. It applies to providers of “commercial digital services usually offered for remuneration”. What matters is not the platform but business use.
This affects not only large companies, but also:
- self-employed people and freelancers
- coaches and consultants
- designers
- beauty and cosmetics studios
- photographers
- creators and other business accounts
Purely private profiles without any business connection usually don’t need an imprint. But as soon as you offer services, show prices or link to your business, you should assume your profile is used commercially.
What goes into the imprint?
In short: the imprint shows who is behind a business. Depending on the business, it may include:
- name or company name
- a postal address where legal documents can be served (a P.O. box is generally not considered sufficient)
- contact details, at least an e-mail address and a way to get in touch quickly
- legal form and authorised representatives (e.g. for a GmbH)
- register details such as the commercial register and registration number
- VAT identification number, if you have one
- for regulated professions: professional chamber, professional title and applicable professional rules
Which details you need depends on your legal form and your activity. A generator such as the one from eRecht24 asks for exactly these points step by step.
Privacy policy for social media: not the same as for a website
A privacy policy explains which personal data is processed, for what purpose, on what legal basis and who is responsible (Art. 13 GDPR).
Important: a privacy policy for a website and one for social media are not the same. Instagram involves its own processing – for example through messages, comments, interactions with your posts, or the statistics (Insights) you see as the account owner. In 2018 the European Court of Justice ruled for Facebook pages that page operators can be jointly responsible with the platform (Case C-210/16); many legal guides apply this reasoning to Instagram as well.
Whether you create a separate document or add a dedicated section to your existing privacy policy is a question of implementation. What matters is that the information about your social media profiles is complete and easy to reach. One example is our own privacy policy for our social media profiles (in German).
Where do you place the imprint and privacy policy on Instagram?
The law requires the information to be easily recognisable, directly accessible and permanently available. Space in the Instagram bio is very limited, so in practice a link has become the standard.
According to published reports, the Higher Regional Court of Hamburg ruled on 21 May 2026 (case no. 15 U 99/24) that a clearly visible link below the bio, leading to a page with the full imprint, can be sufficient. The full imprint does not have to appear directly in the Instagram profile.
In practice, this means:
- Put a link in your bio that leads to a page with your imprint and privacy policy.
- Label it clearly, for example “Impressum & Datenschutz”.
- Make sure the page is permanently available and the details are up to date.
- If you use a link-in-bio tool, place “Impressum & Datenschutz” clearly on that page.
What if you don’t have a website?
You don’t need a custom-built website just to make your legal texts accessible. That’s why I offer three solutions:
01 Legal Start – €99 plus 19% VAT
If you don’t need your own website yet:
- imprint
- social media privacy policy
- created with eRecht24 based on your details
- placement via a link-in-bio solution
- technical integration into your social media profiles
02 Legal Web – €199 plus 19% VAT
If you want to build your own digital base right away:
- imprint and social media privacy policy
- your own domain and hosting in Germany
- dedicated pages for the legal texts, e.g. yourname.de/impressum
- connection to your social media profiles
You can use the domain later for a full website. Domain and hosting are paid separately and directly to the chosen German provider at their current rates.
03 Quick Website – €350 plus 19% VAT
If your business already needs its own website but a custom build isn’t necessary yet: a compact WordPress website based on a prepared professional structure (offer, about you, services, benefits, contact) – including imprint, privacy policy, adjusted colours and content, and mobile optimisation. Custom design from scratch is not included; domain and hosting are paid separately to the chosen provider.
How we work: your details → eRecht24 → technical integration
For my web projects I use eRecht24 Premium. Based on the details you provide, I create the legal texts with the eRecht24 generators and then take care of the technical integration – into your website, your link-in-bio page or your social media profiles.
You remain responsible for the accuracy of your details; the legal texts themselves are created with the eRecht24 Premium generators, not through individual legal advice.
Frequently asked questions
Can I simply write my imprint as text in the bio? The bio is limited to 150 characters – usually not enough for complete details. A clearly labelled link is therefore the common solution.
Does this also apply to Facebook, LinkedIn or TikTok? Yes. The obligation depends on business use, not on the platform. Every business profile should link to an imprint and privacy policy.
Do I have to publish my private address? A postal address for service of legal documents is required. If you don’t have a business address, this is often your private address. Whether another solution works for you is best clarified with a lawyer.
What happens if the imprint is missing? Missing or incomplete mandatory information can lead to warning letters (Abmahnungen). A complete, easily accessible imprint is the simplest protection.
Conclusion
A business Instagram profile needs an imprint and privacy information – but not a big website. With a clearly labelled link in your bio and properly created legal texts, you’re on the safe side and look more professional at the same time.
Would you like us to set up your imprint and privacy policy? Get in touch – I’ll find the right solution with you.
