The Danish Marketing Practices Act is facing its first major change since 2005.
The Danish Ministry of Business and Growth has recently published a report with suggestions to a new Marketing Practices Act (in the following MPA). The suggestions in question concern both material, linguistic and legal changes.
Please follow this link to view the report (in Danish) in its entirety here:
The present MPA is deemed to be outdated in view of the fast technological development. Besides, on some points, the MPA is deemed to be difficult to get an overall view of and at some parts unclear, and some of the provisions are found to be overlapping and rendered as a consequence of recent years’ adjustments.
Last, but not least, the intended change of the MPA is due to the fact that the EU Commission deems Denmark’s implementation of the Directive on Unfair Commercial Practices (2005/29/EU) to be insufficient.
The Minister for Business and Growth has stated the following in respect of the intended change of the MPA:
‘The Danish Marketing Practices Act affects all Danish consumers and businesses. The act shall make sure both that businesses are able to compete effectively, and that the consumers are appropriately protected against e.g. very aggressive marketing. It is also to ensure a good balance between the consumers receiving the relevant information they need to enable them to make active choices, while simultaneously exaggerated and superfluous disclosure requirements are not imposed on the businesses.’ (www.evm.dk)
What do the changes mean to you?
Provided the most central changes of the legislative proposal are adopted, they will mean:
Other suggested amendments include that the MPA’s provisions in respect of hidden advertising and solicitations to buy as well as promotional measures are incorporated into the new provision in respect of misleading omissions. It is suggested that the requirement for price information on services by display is abolished, whereas the requirement for price information on goods remains almost unchanged.
Coming into force
The legislative proposal has been submitted for hearing and is subsequently to be adopted by the Danish Parliament. If the legislative proposal is adopted, the new Danish Marketing Practices Act is expected to come into force on 1 July 2017.
Zacco’s legal department is at your disposal if you have any questions to the proposed amendments or to marketing law aspects in general.