Brief overview
Many companies ask themselves: Is it mandatory to include a phone number in the legal notice?
The clear answer is:
No—but in practice, it is highly recommended.
Legal Framework
The legal requirement to provide an imprint stems from Section 5 of the Digital Services Act (DDG) (formerly the Telemedia Act – TMG). According to this provision, service providers must make certain information available in a manner that is“easily recognizable, directly accessible, and permanently available,”including:
- Name and address
- Information on how to contact us quickly via electronic means and communicate directly
That last point, in particular, is crucial when it comes to the phone number.
Case Law: No Requirement to Provide a Phone Number
The European Court of Justice (ECJ) (Judgment of the ECJ of October 16, 2008 (C-298/07)) has ruled:
A telephone number is not strictly necessary if other means of communication allow for quick and direct contact.
Specifically, this entails:
- Email is required
- In addition, another communication channel must be available
- Alternative methods of contact are permitted only if they are equivalent to traditional means of communication (e.g., telephone).
What is sufficient instead?
Examples of acceptable items include:
- Contact Form (with prompt response)
- Live Chat
- Recall system
Important:
Communication must truly be “direct”—purely formal solutions are not sufficient.
Practical risks without a phone number
Although there is no legal obligation, there are clear disadvantages:
- Risk of receiving a warning letter if contact methods are deemed insufficient
- Problems with proving reaction rates
- Loss of customer trust, as customers often expect to be provided with a phone number
Recommendation from real-world experience
For businesses, the legally compliant standard applies, and it is as follows:
- Email address
- Telephone number
- and additionally, optionally: contact form
should be included in the legal notice. This minimizes legal risks while also boosting trust and conversion rates.
Conclusion
- A phone number is not required by law
- Alternative solutions carry legal risks
- For this reason, including a phone number in the legal notice is highly recommended in practice
As a specialist attorney in IT law and intellectual property law, I assist companies with, among other things, ensuring that their online presence and online stores are legally compliant—before any risks arise.
