Often asked: telephone number required in the imprint?

The linchpin of every legally compliant commercial website is a proper imprint. In order to be complete, this must show all necessary contact information of the provider. In today’s question of the day, we will clarify whether a telephone number is also mandatory.

The mandatory contents of the imprint result from § 5 paragraph 1 TMG.

According to its No. 2, information must appear in the imprint that enables quick electronic contact and direct communication with the provider, including the address of electronic mail.

While the provision of the e-mail address is mandatory according to the regulation, this is obviously different for the telephone number. According to the law, in addition to the e-mail address, only one further piece of information is required to enable “direct communication”.

On the question of whether only a telephone number guarantees the required “immediate” communication, the ECJ took a final position in its judgment of October 16, 2009 (Az.: C-298/07).

According to the highest European court, a telephone number does not have to be given if another comparable and equally efficient contact method is available.

The Court of Justice sees an equally efficient contact route electronic inquiry form if there are regular inquiries from users about this within 30 to 60 minutes can be answered.

However, the problem for presence operators is that if they do not provide a telephone number, doubts about the efficiency of an alternative communication channel are at their expense.

The lack of a telephone number in the imprint is also much more likely to attract competition officers, who would have to prove the efficiency of an alternative contact route in the event of a dispute. However, it may be difficult if not impossible to provide such proof in a court of law.

Even if the indication of a telephone number in the imprint is not mandatory and alternative, equally efficient contact options can replace it, the IT law firm recommends:

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