DenmarkMarketing Practices Act (Markedsføringsloven), Section 10, Paragraphs 4 to 6, Telephone and Other Distance Direct Marketing, Robinson List
Markedsføringsloven, § 10, stk. 4-6
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- 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).
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. 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 4 of the Marketing Practices Act bars a trader from contacting a specific natural person for direct marketing by means of distance communication other than electronic mail, an automatic calling system or fax if the person has told the trader not to, if the quarterly register kept by the Central Person Register (CPR) shows that the person has opted out of direct marketing, or if the trader has learned from a CPR lookup that the person has.
Section 10, paragraph 5 disapplies the two CPR limbs of paragraph 4 where the person has previously asked the trader to make the contact. Section 10, paragraph 6 requires a trader that first contacts a specific natural person by those means to state clearly and unambiguously the right to opt out of its direct marketing, and to always offer an easy and free way to opt out of such contact.
Section 37, paragraph 7 lists unsolicited telephone contact for direct marketing with a natural person on the Robinson list, or who has opted out of the trader's marketing, as a breach of section 10, paragraph 4 for which the duration or extent of the breach counts in setting the fine. 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 .
When LexLint raises it
When your app profile says your app sends automated outreach.