Skip to main content
Back to the blog
Law9 min read15 March 2026

GDPR and your website: what companies in Germany must observe in 2026

The GDPR sets clear requirements for company websites. I explain what is mandatory and how to be on the safe side legally.


A GDPR-compliant website: what is really mandatory in 2026?

The GDPR has applied since 2018. In 2026 fines have risen noticeably because authorities are more active, and many small companies are still not compliant. This article shows what you need to implement in concrete terms, with a focus on German law.

The basic obligations for every website

1. Legal notice (Impressum, § 5 DDG)

Every commercial website in Germany needs a complete legal notice. Mandatory details:

  • •Full name or company name
  • •Postal address (no PO box)
  • •Email address
  • •Phone number (for commercial offers)
  • •For a GmbH/AG: commercial register number, managing director, registered office
  • Common mistake: the legal notice is hard to find. It must be reachable in at most two clicks.

    2. Privacy policy

    The privacy policy is the heart of GDPR compliance. It must explain:

  • •Which data you collect (contact form, analytics, cookies)
  • •For which purpose (Art. 6 GDPR, legal basis)
  • •How long data is stored
  • •Whether data is passed on to third parties (Google Analytics, Mailchimp etc.)
  • •The rights of data subjects (access, erasure, objection)
  • 3. Cookie banner (TDDDG)

    Since the TTDSG (2021), today the TDDDG, cookies that are not technically necessary may only be set after explicit consent. A banner that only offers “Accept” is not enough.

    Compliant means:

  • •Rejecting is as easy as accepting
  • •Granular choice (marketing cookies, analytics cookies)
  • •Consent is stored and can be withdrawn
  • 4. Contact forms

    Contact forms process personal data. You need:

  • •A reference to the privacy policy before submitting
  • •HTTPS encryption (SSL certificate)
  • •No unnecessary fields (data minimisation)
  • What Google Analytics means

    Google Analytics transfers data to the USA. After the CJEU ruling (Schrems II) and the new Data Privacy Framework, Google Analytics 4 can be used legally again under certain conditions, but only with:

  • •A privacy policy that explains the transfer to the USA
  • •IP anonymisation enabled
  • •Cookie consent before Google Analytics is loaded
  • Recommendation: switch to a GDPR-native alternative such as Plausible or Matomo (self-hosted).

    Fines: what is the real risk?

    Supervisory authorities increasingly fine small companies too. Typical fines for SMEs:

  • •Missing or incomplete legal notice: €500 to €5,000
  • •No cookie banner or an unlawful banner: €1,000 to €50,000
  • •Missing or outdated privacy policy: €2,000 to €100,000
  • How I implement data protection on websites

    Data protection is considered from the start of every project. Typical measures:

  • •Legal notice and privacy policy kept up to date
  • •A legally sound cookie banner (rejecting takes one click)
  • •SSL certificate included
  • •No unnecessary third-party scripts
  • •Contact forms with a privacy notice
  • No legal advice: this article gives technical and organisational guidance. For individual legal advice, contact a data protection officer or a lawyer.

    Planning a project?

    Free initial call, no obligation.