Denmark. ePrivacy / marketing. Act

MarkedsføringslovenMarketing Practices Act (Markedsføringsloven), §10 unsolicited communications

In force

Partly verified

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§1Summary

Synopsis

Denmark's Marketing Practices Act bans unsolicited electronic marketing (e-mail, SMS, automated calls) without prior consent, with a soft opt-in for existing customers' similar products.

Key themes

cookies/terminal equipment consent
direct marketing
soft opt-in
traffic and location data

Unique features

Marketing consent rules apply to B2B as well as B2C recipients.

SaaS relevance

Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.

§2Obligations

Extraterritorial: Yes
Breach notification: Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
DPO: No
Cross-border transfers: None
Maximum penalty: Court-imposed fines

§3Dates

Key dates

Adopted 3 May 2017
In force 1 July 2017
Consolidated versions published periodically

§4Text and authority

Text

Authoritative text retsinformation.dk

Authority

Consumer Ombudsman (Forbrugerombudsmanden)

§5Where it applies

Domestic law of: Denmark

§6Sources and verification

Verification

Low confidence.

Partly verified

Low confidence. Not verified this session (search budget exhausted).