The legal basis in the Unfair Competition Act
Art. 3 para. 1 let. s of the Federal Act on Unfair Competition (Unfair Competition Act, UCA; UWG in German) covers electronic commerce. The official English translation reads: 'A person acts unfairly if they […] offer goods, works or services online and in doing so fail […] to provide clear and complete details of their identity and their contact address including their email address.' This translation is provided for information only and has no legal force.
The word 'Impressum', the German term for a legal notice, does not appear in the law. The usual approach is a separate page with these details, linked from the footer of every page.
A person acts unfairly if they […] offer goods, works or services online and in doing so fail […] to provide clear and complete details of their identity and their contact address including their email address.
What to include in your legal notice
The law requires details of your identity and a contact address with an email address. In practice, the following details have proven their worth: your business name exactly as entered in the commercial register, the legal form, for example GmbH or AG, the full address and an email address. Give a business address rather than just a PO box.
It is also common, and advisable, to include a phone number, the business identification number (UID number) in the format CHE-123.456.789 and the names of the people authorised to represent the company, such as the managing directors. If your company is liable for VAT, many businesses also add their VAT number.
Does the rule also apply to information-only websites?
Legal writers disagree on whether a website without a shop or any way to order falls under the provision. Depending on the interpretation, a website that presents services and invites visitors to get in touch may already be covered.
A legal notice takes little effort and builds trust, so every business website should have one. Visitors see straight away who is behind the offer and how to reach you.
Extra duties for online shops
If customers conclude contracts through your website, the same provision requires more: you must explain the individual technical steps that lead to a contract, provide suitable technical means to identify and correct input errors before the order is submitted, and confirm the order online straight away.
These points concern the ordering process, not the legal notice itself. Build them in from the start when you plan a shop.
Customers in the EU and in Germany
If your website specifically targets customers in Germany, Austria or other EU countries, foreign law may apply. German law, for example, requires more information, such as the commercial register and registration number, the people authorised to represent the company and, if you have one, a VAT identification number.
For Swiss SMEs with customers abroad, a more detailed legal notice is therefore worthwhile. In special cases, such as regulated professions or substantial business abroad, it is best to check the requirements with a specialist.
Common mistakes to avoid
Typical shortcomings are a business name that differs from the commercial register entry, an old address after a move, a legal notice that is hard to find, or a contact form without an email address. Check your legal notice whenever your commercial register entry changes.
Frequently asked questions
Is a contact form enough instead of an email address?
No. The law expressly requires a contact address including an email address. You can offer a contact form as well, but it does not replace the email address.
Does the UID number have to appear in the legal notice?
The UCA does not expressly require it. The UID number is still common and advisable, because it identifies your company unambiguously. You can find it in the UID register of the Federal Statistical Office or in your commercial register extract.
Do sole proprietorships need a legal notice?
Yes, if they offer goods or services online. They must then give the owner's name, the address and the email address. If the sole proprietorship is entered in the commercial register, use the registered business name.