Duty LXD-4734
Sends automated texts, in Denmark
Each law's tag says when it binds: since in force proposed proposed
Marketing Practices Act (Markedsføringsloven), Section 10, Paragraphs 1 to 3, Direct Marketing by Electronic Mail, Automatic Calling Systems and Faxsince 3 lines
Markedsføringsloven, § 10, stk. 1-3 · Read the law's page
- Do not contact anyone by electronic mail, an automatic calling system or fax for direct marketing unless they have given prior consent, tell them before they consent that they can withdraw it, and give them an easy and free way to withdraw it (section 10, paragraph 1).
- You need no prior consent to market your own similar products by electronic mail to a customer whose electronic address you received in connection with a sale, but you must give the customer a clear and unambiguous, easy and free opportunity to object when you receive the address and in every later contact (section 10, paragraph 2).
- In every direct-marketing electronic mail, make the marketing clearly identifiable as such, make the conditions of promotional measures easy to reach and clearly presented, show on whose behalf it is sent without concealing it, do not urge the recipient to visit websites that fail those requirements, and give an address the recipient can use to stop such contact (section 10, paragraph 3).
Marketing Practices Act (Markedsføringsloven), Section 10, Paragraphs 4 to 6, Telephone and Other Distance Direct Marketing, Robinson Listsince 3 lines
Markedsføringsloven, § 10, stk. 4-6 · Read the law's page
- Do not contact a natural person for direct marketing by telephone or another means of distance communication other than electronic mail, an automatic calling system or fax if they have told you not to, if the quarterly Central Person Register (CPR) register shows they have opted out of direct marketing, or if a CPR lookup has shown you that they have (section 10, paragraph 4).
- The two CPR limbs do not apply where the person has previously asked you to make the contact (section 10, paragraph 5).
- The first time you contact a specific natural person by those means, state clearly and unambiguously their right to opt out of your direct marketing, and always give an easy and free way to opt out of such contact (section 10, paragraph 6).
Forslag til Lov om produktansvar (Bill L 32), Implementation of Directive (EU) 2024/2853proposed12 lines
Forslag til Lov om produktansvar, L 32 (2026/1) · Read the law's page
- If you develop or make software, or have it developed or made, you answer as its manufacturer, unless it is free open-source software that you develop or supply outside commercial activity (Secs. 1(2), 3 point 1 and 3 point 10).
- Keep supplying the software updates and upgrades needed to keep the product safe while the product is within your control: a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (Secs. 3 point 5 and 12(2)).
- Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (Sec. 6(2) point 6), and failing a mandatory requirement that protects against the damage suffered presumes it defective (Sec. 11(2) point 2).
- Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (Sec. 6(2) point 3).
- Keep records you could produce if a court orders disclosure on a claimant's supported request, because failing to comply with the order presumes the product defective (Secs. 10(1), 11(2) point 1).
- If you are a manufacturer established outside the European Union, your importer and your authorized representative answer as the manufacturer would, and where there is neither, the provider of distribution services answers (Sec. 7(1) point 3).
- If you substantially modify a product outside the manufacturer's control and then make it available on the market or put it into use, you answer as its manufacturer (Sec. 7(2)).
- If you are a distributor, or an online platform that lets consumers conclude distance contracts with traders, identify the operator established in the European Union or your own supplier within a month of the injured person's request, or you answer for the product (Sec. 7(3) and (4)).
- Do not rely on a contract term to limit or exclude your liability to an injured person, because the Act cannot be departed from to the injured person's detriment (Sec. 2).
- Be ready to prove a Section 12 defense: that you did not put the product into circulation, that the defect probably did not exist then, that it results from compliance with legal requirements, or that the objective scientific and technical knowledge then did not allow the defect to be discovered (Sec. 12(1)).
- If you integrate software made by a micro or small enterprise as a component, a recourse waiver agreed with that enterprise removes your recourse against it (Sec. 13(4)).
- Claims are time-barred 3 years after the injured person knew or should have known of the damage, the defect and the liable operator, and the right expires 10 years after the product was put into circulation or into use, or 25 years for a latent personal injury (Secs. 15 and 16).