Website mastheads are an often ignored requirement

Berlin  - Website mastheads are a necessary - and often neglected - reality of doing business on the internet.

Some nations, such as Germany, require one for any website engaged in commercial activities. But it's really a good idea for anyone with an internet presence to have one.

A simple look online shows that there is no real standard for mastheads, leaving many people open for slaps on the wrist for the smallest infractions. In Germany, failing to comply with standards on provider identification in an imprint, or masthead, can lead to a fine of up to 50,000 euros (70,470 dollars), says Berlin lawyer Markus Wiedemann.

Mastheads should show a user with whom they are dealing, says Astrid Auer-Reinsdorff of the Working Group on Information Technology of the German Legal Association (DAV) in Berlin. Operators should never seek to cling to anonymity in case of a legal quarrel, adds Soeren Siebert, a Berlin lawyer and expert in internet law.

The only exception to Germany's masthead requirement is for websites that are exclusively for "personal or familial purposes" and have no business operations. "But when a website is a purely private operation is strictly debated," says Siebert.

Businesses, online shops and journalistic endeavours are clearly always for-profit ventures and never considered private. But what about sites that are neither commercial nor exclusively private?

Blogs are clearly at the centre of this debate. Few of them are operated exclusively for private or familial reasons. Siebert describes the contents of a truly private blog as: "My cat, my house, my garden."

But even in that example, there is no clear-cut ruling on whether a provider notification is necessary.

As soon as a blogger allows a banner ad on his site, many courts would rule that the site is a commercial one. "If a blog regularly publishes journalistic material, it is no longer considered to be private."

Broadcasting and telemedia laws regulate the appearance of mastheads in Germany, says Wiedemann. Non-commercial endeavours need to have at least the first and last name of the operator, as well as an address. Something like a limited liability company would need to declare its legal structure and a list of all company representatives

For-profit sites need to provide an e-mail address, details on a supervisory body, the registration rights, tax identification number and either the trade, association or registration number. Journalistic operations also require the name of the person responsible. It's generally recommended to include a telephone number.

The masthead needs to be easily recognizable, easy to reach and always accessible, says Auer-Reinsdorff. "The data should be stored in such a way that it doesn't take more than two clicks to get there from any sub page."

The best method, of course, is to create a link to the masthead and have it clearly labelled, says Siebert. (dpa)