universadvokater.com

Your partner for legal advice in Denmark.

NEWS

CHANGES TO DANISH CONSUMER PROTECTION LAWS ON THE WAY

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.

International network


UNIVERSADVOKATER has global relationships facilitating highly effective multi-jurisdictional work.

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.

UNIVERSADVOKATER has a unique and close personal network of lawyers in excellent law firms throughout the world.

Who we are

Working nationally and internationally from our base in the city of Aarhus (known in Denmark as “the city of smiles”) we provide the full range of legal services that our clients and partners across the world need.

Business advisory

We have the expertise to assist clients at every stage of setting up, running and developing their business.

Whatever stage of growth your business is at, and whatever stage of the commercial process you are at, we can assist with commercially focused legal advice and guidance that will help you maximize potential.

Our business advisory team can advise and support you with:

  • Commercial contracts
  • IP/IT issues
  • Data protection and privacy law
  • Consumer protection issues for digital sales B2C
  • Employment law and posting of workers
  • International recruitment issues
  • Commercial litigation and arbitration
  • Debt recovery

Commercial real estate

Our experience in the real estate sector helps us to understand every angle of complex real estate transactions, and we provide practical and efficient solutions to complex real estate problems. Whatever your financial and commercial objectives, we provide advice that is tailor made to help you achieve them.

Our commercial real estate team can advise and support you with:

  • Acquisitions and sales
  • Asset management
  • Leases
  • Property litigation
  • Development and construction
  • Planning law
  • Environmental issues

Corporate

We advise businesses of all sizes and whether it’s a question of buying or selling company assets, setting up or acquiring a new subsidiary or corporate governance. We provide strategic and commercially focused advice to assist you manage your transactions efficiently and quickly.

Our approach is both pragmatic and innovative. We use our experience as well as our creativity to provide strategic advice which will help you find practical solutions to your corporate challenges and assist you to achieve your objectives.

Our corporate team can advise and support you with:

  • Mergers and acquisitions
  • Due diligence
  • Corporate restructuring
  • Private equity transactions
  • General corporate advisory
  • Company secretarial work.

Private client


We are always happy to have a preliminary discussion at no charge.

If you need Danish legal advice on a family law or private matter, our team will be happy to assist you and ensure that you receive the support and guidance you need.

Send an email to mail@universadvokater.dk 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. 

Our team can advise and support you with:

  • Wills and inheritance matters
  • Family law, including nuptial agreements
  • Division of assets
  • Danish summerhouse law and recreational use compliance
  • Conveyancing.

Vi rådgiver naturligvis også danske virksomheder vedrørende deres internationale forretninger.

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 rch@universadvokater.dk

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LEGAL NOTICE

Please click here to go to our Legal Notice page.

The Legal Notice page is in the Danish language, but you may use the translation tool on the page's top menu to translate the page into a language of your own choice.

Please note that translations may be inaccurate. In case of any difference in meaning between the Danish language original version and any translation thereof, the Danish language original version shall be applicable.

NEWS
Whistleblowing

Danish private sector undertakings with more than 249 employees are required to have adequate whistleblower protection measures in place no later than December 17, 2021.

December 17, 2023 onwards the requirements are extended to include undertakings with 50 to 249 employees.

The Danish bill in question implements the EU Directive 2019/1937, also known as the whistleblower directive. The bill pertains not only to whistleblowing on EU law breaches, but generally on "serious violations of the law or other serious offences".

UNIVERSADVOKATER will be happy to assist corporate clients with having all protective measures required in place, timely and adequately, in Denmark only or cross-border.

Please contact Ruth Caddock Hansen.

NEWS
The Danish Consumer Ombudsman releases a quick guide to “green” marketing.

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 rch@universadvokater.dk.

Dispute Resolution

At UNIVERSADVOKATER we work to prevent and resolve many different types of disputes though pragmatic and strategic legal advice that focuses on our clients’ objectives.

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.

Privacy and information security


We advise clients operating across a broad range of sectors including tourism, technology, energy, construction, commercial real estate and entertainment services on the whole spectrum of legal and regulatory issues related to data protection, information security and privacy.

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.
  • Consumer engagement activities such as marketing and advertising
  • Training on how to handle a data breach, and assistance with actual data incidents and breaches.
  • Regulatory compliance advice including compliance assessment and remediation.

Employment and Human Resources

Whatever the size of your business it is more than likely that you will encounter HR related challenges along the way and will appreciate commercially focused advice and sparring on how best to tackle them.

We can provide you with pragmatic, business-oriented advice and assist with all manner of employment law related queries, such as:

  • Contracts including employment contracts, director contracts and consultancy agreements
  • Employee incentives
  • Change management including workforce reduction, collective redundancies, changes to existing terms and conditions and exit negotiations for senior employees
  • Diversity and equality issues
  • Confidentiality issues including restrictive covenants and business protection
  • Sick leave issues including assistance with the Danish 120 day rule
  • Working environment rules and requirements
  • International recruitment including posting workers internationally and hiring foreign workers into Denmark
  • Discrimination cases
  • Dismissals

Intellectual property

Creating and protecting the intellectual property of your business is often fundamental to creating and protecting your competitive edge. We advise businesses of all shapes and sizes about their intellectual property, and we take care to tailor our thinking and assistance to each particular business and each particular challenge.

Our team can advise and support you with:

  • Strategies for IP protection
  • Intellectual property registrations
  • Marketing law
  • Competition law
  • Protecting trade secrets
  • Domain name issues
  • Intellectual Property disputes
  • Negotiating and drafting agreements, such as licence agreements, transfer agreements, joint venture agreements, distribution agreements and IT contracts.
NEWS
Facebook’s sale of targeted advertising of loans breaches the principle of good marketing practice

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.

The European Data Protection Board publishes final version of guidelines on examples regarding data breach notifications

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.

 

Modtag en e-mail, når der er nyt på siden:
Ruth Caddock Hansen
Advokat (Attorney, Denmark) and solicitor (England og Wales), partner
Jørgen Pedersen
Advokat (H), partner (Attorney)
Gitte Nedergaard
Advokat (H), partner (Attorney)
David Kjær Hermansen
Advokat (Attorney)
Andreas Peter Olesen
Advokat (Attorney)
Inka Schlichting
Legal trainee
Sofie Thøgersen
Advokatfuldmægtig
Cecilie Meinertz
Advokatfuldmægtig (Assistant attorney)
Alvin Lee Kuiper
IT-supporter
Gitte Meyer
Secretary
Pia Bidstrup
Chief accountant
Puk Jespersen
Reception and administration
Trinh Nguyen
Secretary
Christina Wæhrens
Legal trainee
Lars Munk Jensen
Legal trainee
Mogens Tougaard
Sales manager
Leo Larsen
Sales manager
Dudal Webdesign