Important changes to the Danish consumer protection laws will take effect on 28th May 2022 and are of particular relevance for digital businesses and online marketplaces.
The changes are mostly an implementation of the New Deal for Consumers directive.
Once the changes take effect, the rules of the Danish Consumer Contracts Act and the consumer protection rules included in the Danish Purchase Act will explicitly apply to all digital services and all digital content, including when the consumer "pays" with his personal information instead of with money.
The changes introduce additional information obligations for businesses, including new obligations to provide information about personalized prices, for example when profiling is used to achieve the price.
The changes also introduce fines for violating large parts of the consumer protection rules and for the use of unfair contract terms in violation of the Contracts Act. As something new, there will also be maximum fines for so-called widespread infringements and infringements with an EU dimension.
There are also several amendments to the consumer protection laws that do not concern the implementation of the directive. Amongst other things, a new provision is to be inserted into the Consumer Contracts Act giving the consumer the right to terminate an agreement for the ongoing delivery of goods or services (eg. subscriptions) using the same media or technical platform that was used to enter into the agreement.
Please contact Ruth Caddock Hansen if you would like to discuss how the changes to the consumer protection laws will affect your business.
UNIVERSADVOKATER's partners have several decades of experience in international practice covering the full spectrum from day-to-day cross border business to multi-million dollar projects and dispute resolution.
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Send an email to firstname.lastname@example.org with a short description of the matter you would like advice about, and one of our private client team will give you a call. We are always happy to have a preliminary discussion at no charge.
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Ruth Caddock Hansen, der koordinerer UNIVERSADVOKATERs internationale aktiviteter, er englænder, men behersker efter mange år i Danmark dansk som en indfødt. Ruth er såvel dansk advokat som solicitor (England og Wales)..
Kontakt Ruth på 89 34 35 03 eller email@example.com.
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After a spate of cases regarding so called greenwashing where businesses green claims misled consumers, the Consumer Ombudsman in Denmark has published a quick guide to help businesses navigate compliance with marketing law when making claims as to sustainability etc., in their marketing.
The quick guide sets out the rules and guidelines regarding environmental marketing and emphasises the need for businesses to able to document their claims. The quick guide also contains several examples as to when a claim will be misleading and in breach of marketing law in Denmark.
At the same time as the quick guide was published, the Consumer Ombudsman announced that it will be revising its full-length guidance regarding the use of environmental and ethical statements in marketing material which dates back to 2014.
If you would like to hear more about how to comply with Danish law in your green marketing material, contact Ruth Caddock Hansen at firstname.lastname@example.org.
We offer a wide range of dispute resolution services and are experienced in assisting our clients with negotiations, mediations, arbitration, litigation, and multi-party proceedings as well as appellate proceedings in many different areas of the law, such as commercial property disputes, construction disputes, corporate & shareholder disputes, debt recovery, employment disputes (including claims of discrimination), intellectual property disputes and IT disputes.
We represent clients in regulatory inquiries and enforcement proceedings as well as related civil disputes and litigation. We are also experienced in advising clients on the wider risk and public relations issues that are often involved in commercial disputes.
Our team can advise and support you with:
- Drafting data protection policies, including incident response policies.
- Navigating the restrictions on collection and use of consumer information.
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UNIVERSADVOKATER arbejder med et stort antal fagområder. Kun enkelte af fagområderne har deres egen hjemmeside (ovenfor).
Facebooks advertising system has up until now been programmed to allow loan companies to target their advertising to consumers who have shown an interest in online gambling and gaming.
The Danish Consumer Ombudsman has assessed that practice and concluded that Facebooks practice breaches the principle of good marketing practice in Section 3 of the Danish Marketing Act.
In a press statement, the Danish Ombudsman is quoted as saying As far back as 1683, Danish law stated that gambling debt is not legally binding. The consideration behind that provision is that it is unethical and socially harmful if a business is made out of letting people get into debt by gambling. The provision still applies, and it is the same considerations that make it contrary to good practice to target advertising for loans to consumers who have shown interest in gambling.
Following the Ombudsmans assessment, Facebook has declared that their system will no longer allow advertisers to target their loan advertisements to consumers who have expressed an interest in online gambling and gaming.
The Consumer Ombudsmans assessment will affect all loan companies etc., who practice this form of targeted advertising.
Following public consultation, the EDPB adopted a final version of the Guidelines on examples regarding data breach notifications. These guidelines complement the Article 29 Working Party guidance on data breach notification by introducing more practice orientated guidance and recommendations. They aim to help data controllers respond to personal data breaches and comply with their notification obligations under the GDPR.
Breaches should be notified when the data controller is of the opinion that it is likely to result in a risk to the rights and freedoms of the data subject, and the guidelines provide case studies to help data controllers and processors perform a risk assessment when they become aware of the breach.
Case studies include incidents involving ransomware attacks, data exfiltration attacks, human error and lost devices and documents. The scenarios and recommended steps to be followed are based on the collected experiences of various EEA supervisory authorities amidst a rising volume of cyber-attacks and other data breach incidents.