A new Act on Marketing Practices is taking form in Denmark

  Written on 22.08.2016

In July 2016, the Danish Minister of Business and Growth has introduced a bill for a new Danish Marketing Practices Act.

The purpose of a revised act on marketing practices is first and foremost to ensure conformity with the EU regulation, including the EU Directive on Unfair Commercial Practices. Furthermore, it has been the aim to simplify the act and adjust its provisions to correspond with the modern marketing forms that are available thanks to the technological development.

Although a great number special of marketing rules apply to the healthcare and food industries, the new marketing practices act is also important to companies operating within these industries.

Some of the changes particular relevant also for companies that market foodstuff, dietary supplements, medicinal products and medical devices are:

  • Ease of the spam prohibition. Businesses will have easier access to marketing directed at consumers via e-mail (or other electronic communication forms) without obtaining prior consent from the consumer, as the so-called opt-out-provision is broadened. Also, rules on marketing directed at businesses (non-consumers) will be eased, as it will not be required to obtain a prior consent from the recipient of direct marketing e-mails, provided an already established customer relationship between them exists

  • Authorization to perform inspections. The Danish Consumer Ombudsman will be entitled to perform inspections when dealing with a complaint from an enforcement authority in another EU member state, provided that the complaint regards suspected violations of the directives according to which the Danish Consumer Ombudsman is the competent authority. This may give the Consumer Ombudsman access and insight into confidential information. 
  • Repeal of language requirements in terms of warranties and signage of organizeddiscounts.  Unless the marketing of a product is in Danish, the warranty is no longer required to be in Danish.

The bill for the new act (currently only available in Danish) can be viewed here >

It is expected that the new marketing practices act will come into effect in July 2017. DELACOUR follows the process closely and will bring ongoing updates.