DenmarkMarketing Practices Act (Markedsføringsloven), Section 10, Paragraphs 1 to 3, Direct Marketing by Electronic Mail, Automatic Calling Systems and Fax
Markedsføringsloven, § 10, stk. 1-3
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- 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).NIST Privacy FrameworkCT.PO-P1
- 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).NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
- 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).NIST Privacy FrameworkCM.AW-P1NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 37, paragraph 3 punishes a breach of section 10 with a fine (bøde), unless a higher penalty is deserved under section 279 of the Penal Code or other legislation.
Who enforces it
Enforcement body
The Consumer Ombudsman (Forbrugerombudsmanden) supervises compliance with the Act and rules issued under it (section 25, paragraph 1).
What this law does
Section 10, paragraph 1 of the Marketing Practices Act (markedsføringsloven) bars a trader from contacting anyone by electronic mail, an automatic calling system or fax for direct marketing unless that person has given prior consent. Section 10, paragraph 1 requires the person to be told before consenting that the consent can be withdrawn, and requires the trader to offer an easy and free way to withdraw it.
Section 10, paragraph 2 lets a trader that received a customer's electronic address in connection with a sale market its own similar products to the customer by electronic mail without prior consent, if it gives the customer a clear and unambiguous, easy and free opportunity to object both when the address is given and in every later contact.
Section 10, paragraph 3 requires a direct-marketing electronic mail to be clearly identifiable as marketing, to make the conditions of promotional measures easy to reach and clearly presented, to show on whose behalf it is sent, not to urge the recipient to visit websites that fail those requirements, and to carry an address the recipient can use to stop such contact. Section 24, paragraph 2 makes an act in breach of the Act a ground for damages under the general rules of Danish law.
Section 25, paragraph 1 has the Consumer Ombudsman (Forbrugerombudsmanden) supervise compliance with the Act. Section 32, paragraph 1 lets anyone with a legal interest bring an action for an injunction, an order, damages and compensation under section 24. Section 37, paragraph 3 punishes a breach of section 10 with a fine, unless a higher penalty is deserved under section 279 of the Penal Code or other legislation. The Act takes effect on . Law 1309 of , in force from , amended section 10, paragraph 1.
When LexLint raises it
When your app profile says your app sends automated outreach.