In short. Article 5 requires accessible provider identity and contact details, with registration, supervisory, professional and VAT information where applicable.
Definition: Article 5 of the EU E-Commerce Directive requires providers of online economic services within its scope to make their name, establishment address and contact details, including an email address, easily, directly and permanently accessible. Registration, supervisory, professional and value added tax (VAT) information is required where the relevant conditions apply.
Key facts
- Article 5(1) of the E-Commerce Directive makes the information accessible to service recipients and competent authorities.
- The Court of Justice's judgment in Case C-298/07 requires a rapid, direct and effective contact channel in addition to email before a contract is concluded.
- For consumer distance contracts within its scope, Article 6(1)(c) of the Consumer Rights Directive separately includes telephone and email details, in the wording introduced by Directive (EU) 2019/2161, Article 4.
Which website operators fall within the rule?
The E-Commerce Directive calls these activities “information society services”. Recital 17 describes services normally provided for remuneration, at a distance, electronically and at an individual recipient's request. Article 2(b) defines a service provider as the person or legal entity providing such a service.
Recital 18 includes online sales and economic activities offering online information or commercial communications, even where recipients do not pay for them. Under Article 3(1), Member States ensure that providers established in their territory comply with the applicable national provisions within the areas of national law coordinated by the directive.
Which details must remain accessible?
Article 5(1) of the directive sets out the following minimum information. Its access requirement applies to the whole applicable set of details.
| Circumstance | Information required |
|---|---|
| Every provider within scope | The provider's name and the geographic address at which it is established, under points (a) and (b). |
| Contacting the provider | Details including its email address that allow rapid contact and direct, effective communication, under point (c). |
| Entry in a trade or similar public register | The register and registration number, or equivalent identification in that register, under point (d). |
| Activity subject to an authorisation scheme | Particulars of the relevant supervisory authority, under point (e). |
| A regulated profession | The professional body or similar institution with which the provider is registered, its professional title and the Member State granting it, plus a reference to applicable professional rules and how to access them, under point (f). |
| Activity subject to VAT | The VAT identification number, under point (g). |
Article 5(1) expressly places these duties alongside other information requirements established by EU law. Article 5(2) also requires any stated prices to be clear and unambiguous and to indicate whether tax and delivery costs are included.
How does the Court interpret the contact requirement?
In its judgment of 16 October 2008, Case C-298/07, the Court interprets Article 5(1)(c) as requiring an additional means of communication alongside email. That channel need not necessarily be a telephone number: the ruling accepts an electronic enquiry form answered by email, subject to its stated conditions.
Paragraph 29 interprets direct communication as communication without an intermediary. Paragraph 30 assesses effectiveness by whether adequate information arrives within a period compatible with the recipient's needs or legitimate expectations. The ruling also requires access to a non-electronic channel on request where a recipient, after making electronic contact, loses access to the electronic network.
Related terms
- What trader contact details must an online shop display before purchase?
- When can missing website information be a misleading omission?
- What must a shop explain about the online ordering process?
FAQ
Can I replace the email address with a contact form?
Article 5(1)(c) expressly includes an email address. The Court's Case C-298/07 ruling treats an enquiry form as an additional channel alongside that address.
Can I rely on this ruling to omit a telephone number from an online shop?
As of 17 October 2026, the separate consumer distance-contract rule in Article 6(1)(c) includes the trader's telephone number and email address. Directive (EU) 2019/2161, Article 4(4)(a)(i) supplies that wording.
Must I display a registration number if the business is unregistered?
Article 5(1)(d) of the E-Commerce Directive makes that disclosure conditional on entry in a trade or similar public register. It requires identification in the register concerned.
Sources
- European Parliament and Council, "Directive 2000/31/EC", 8 June 2000
- Court of Justice, "Judgment in Case C-298/07", 16 October 2008
- European Parliament and Council, "Directive (EU) 2019/2161", 27 November 2019
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