For the business community, strict adherence to the Danish Marketing Practices Act is essential. The Marketing Practices Act sets the minimum standard for businesses’ market conduct, ensuring that business owners comply with fair trading practices and trade usage.
The Danish Marketing Practices Act prescribes e.g. the following rules:
- Rules of how businesses may market themselves
- Rules describing what marketing material may consist of
- Provisions prohibiting marketing from being aggressive or misleading
- Rules on digital marketing (e.g. consent rules) when sending emails
The Danish Marketing Practices Act as a supplement to other acts
The Marketing Practices Act is generally applied as a supplement to other acts such as the Danish Copyright Act, the Danish Trademarks Act, the Danish Design Act, and the General Data Protection Regulation. The Marketing Practices Act is often taken into account when determining infringement actions for unauthorized use of other business owners’ trademarks and distinctive marks, imitations or other similar unauthorized use.
This is how we can help your business
HjulmandKaptain can assist in ensuring that your company observes the Marketing Practices Act. We offer legal sparring when drafting consent forms, and we can advise on legal challenges and opportunities in terms of your company’s marketing material.
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