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You may only process personal data such as a telephone number if you have a valid legal basis for doing so. The fact that the number is 'convenient' is not sufficient: a telephone number is rarely necessary for the performance of a contract, so you often need consent.
Process only with a legal basis
The GDPR provides for six legal bases for processing personal data (Article 6 GDPR), including performance of a contract, a statutory obligation, a legitimate interest, and consent. You may not process data without one of these bases.
Is a phone number necessary?
For the legal basis of 'performance of the contract', the data must be genuinely necessary to deliver. A telephone number is rarely that: you can almost always communicate by email as well. In that case, you cannot rely on that basis and require consent, for example.
Data minimization
The GDPR requires you to collect no more data than necessary (data minimization). Therefore, only ask for what you actually use, and do not make fields that are not necessary mandatory. This prevents you from processing data without a legal basis.
Arrange consent properly
If you rely on consent, it must be free, specific, and demonstrable. The data subject must also be able to say no without this having consequences for the service. Document for what purpose consent has been given.
Frequently Asked Questions
Am I allowed to make a phone number mandatory on my form?
Only if you have a valid basis for doing so. If the number is not necessary, make the field optional or ask for permission.
May I use a phone number for marketing?
You generally need separate consent for this; the basis for concluding the agreement does not cover marketing.
What if I process data without a legal basis?
Then you are violating the GDPR and risk enforcement. Delete data that you collected without a legal basis.
Making your data processing GDPR-compliant?
Our legal experts review your forms and privacy statement, or perform a privacy scan. View our privacyteam or schedule a free consultation.
