Today, the regulation of consumer protection in Denmark and the EU is both extensive and complex. In practice, many companies find it difficult to navigate the legal framework for online sales and marketing because both the market and legal regulation are evolving rapidly, and new sales and marketing methods emerge on a daily basis, introducing new opportunities but also compliance challenges and risks for companies.
How can we help?
CLEMENS specialists have extensive experience in advising on all aspects of the regulation of e-commerce and consumer law, and we assist a wide range of Danish and international companies on a daily basis in handling issues related to e-commerce and consumer law, including, among other things, related to the Danish Consumer Contracts Act, the Danish Payments Act, the Danish Marketing Practices Act, the P2B Regulation, the DSA Regulation, the e-Privacy Directive, the Cookie Order, the Danish E-Commerce Act, etc.
Among other things, we advise on:
- General marketing and consumer protection legislation
- Terms and conditions and consumer agreements
- Competition terms and conditions
- Compliance in connection with specific sales and marketing processes, website setups, marketing initiatives, etc.
- Collection and use of personal data in connection with online sales and marketing
- Social media sales and marketing
- Sales and marketing via online platforms
- Use of influencers, including drafting influencer agreements
- Use of cookies and cookie-like technologies
- Marketing to children and young people
- Sales and marketing of alcohol and other age-restricted products
- Complaints and supervisory cases with the Consumer Complaints Board, the Consumer Ombudsman and other relevant authorities
- Police reports and professional criminal proceedings in connection with breaches of marketing and consumer protection law
When can I use cookies and cookie-like technologies?
Cookies are small data files that are stored on the user's computer, tablet or smartphone for the purpose of collecting digital footprints about the user of a website, app or similar. These digital footprints are typically used to improve the quality of the website, optimize usability, visitor statistics and marketing.
However, cookie-like technologies can also be found in e.g. newsletters that contain pixels.
Except for technically necessary cookies, cookies and cookie-like technologies may only be used if the user has given their consent.
Among other things, consent must be voluntary, informed and easy to withdraw.
Failure to comply with the rules on cookies can in itself lead to fines, but will often also lead to violations of data protection and marketing law.
How do I comply with the spam ban?
The ban on spam follows from section 10 of the Danish Marketing Practices Act and means that you as a trader may not contact anyone using electronic mail for the purpose of direct marketing unless the recipient has given their prior consent.
Electronic mail primarily includes emails, but as the term is to be understood broadly, it may also include other types of communication, including, for example, direct communication in private inboxes on social platforms and the like.
It is also important to note that the ban on spam covers communications to both consumers and businesses, including, for example, company info-mails and the like.
Consent to direct marketing must be voluntary, informed and easily withdrawn.
If a consent to direct marketing does not comply with the law, you as a trader may be subject to a fine.
Why is consumer protection important?
All companies that target sales and marketing towards consumers must comply with consumer protection legislation. In Denmark, the Consumer Ombudsman is the complaints and supervisory authority for companies' compliance with consumer law.
The primary purpose of all consumer protection legislation is to ensure that consumers can trade openly and safely in a transparent market with fair and free competition.
Non-compliance with consumer law can result in fines, lawsuits, negative publicity and commercial damage, including loss of trust and credibility.