The regulation of businesses' marketing to both consumers and other businesses is complex and difficult to navigate, and when companies need to organize their marketing strategies and implement marketing initiatives in practice, a number of legal challenges will often arise that should be taken into account, as non-compliance with the marketing law rules can lead to both fines and commercial damage to the company.
How can we help?
CLEMENS specialists advise on all areas of marketing law regardless of industry and business type. Our starting point is always your business, and we strive to provide practical solutions and legally qualified advice that matches your company's individual needs and supports your business.
Among other things, we advise on:
- Greenwashing, including advice on the framework for marketing green statements in relation to the prohibition of misleading statements, documentation requirements, etc.
- Assessments of marketing campaigns and specific marketing initiatives
- Direct marketing, including compliance with the ban on spam, preparation of consent texts and assessment of consent flows on websites, etc.
- Price marketing, including e.g. organizing marketing campaigns, savings statements, price comparisons
- Compliance in connection with specific sales and marketing processes, website setups, marketing initiatives, etc.
- Social media marketing
- Use of influencers, including drafting influencer agreements and advice on hidden advertising
- Use of cookies and cookie-like technologies
- Marketing to children and young people
- Product imitations
- Preparation of requests for advance notifications from the Consumer Ombudsman
- Complaints and inspections
- Police reports and business criminal cases
- Marketing law disputes and litigation
FAQ
Price marketing rules are designed to ensure fair competition and protect consumers from being misled.
The rules on price marketing in the Danish Marketing Practices Act set limits on how often and at what intervals products may be put on offer and how traders may otherwise market prices.
If a product is marketed with prices that indicate a saving, e.g. by using "before and now prices", it is generally a requirement that the product has been sold at the "before price" for a period of at least 6 weeks.
The rules on price marketing also regulate price-saving statements and affect, among other things, how products can be sold with volume discounts and in bundles.
As many people today prioritize sustainability when purchasing products and services, sustainability claims can provide a competitive advantage.
The purpose of the rules on greenwashing is therefore to ensure that products are not marketed as sustainable, climate-friendly or similar without the company being able to document that the statement is accurate.
The requirements for documenting sustainability claims are strict, so it is important to be aware of the requirements before marketing a product as sustainable.
Greenwashing is a violation of the Danish Marketing Practices Act's rules on misleading marketing and can result in fines for your company.
Marketing law provides the framework for how your company can market itself and its products. The main purpose of the rules is to ensure that companies demonstrate good marketing practices that take into account consumers, competitors and the general public interest.
It is a fundamental principle of marketing law that companies must demonstrate good marketing practice. This principle follows directly from the Danish Marketing Practices Act, and what constitutes good marketing practice is therefore continuously defined by the Consumer Ombudsman and the courts' practice in this area.
