FinlandConsumer Protection Act (Kuluttajansuojalaki), Chapter 2, Section 4, Identifiability of Marketing
Kuluttajansuojalaki 38/1978, 2 luku 4 §
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure
What it requires
- Make the commercial purpose of every marketing communication to consumers, and the party on whose behalf you market, clearly apparent in the marketing itself, including in a marketing e-mail, text or call (Chapter 2, section 4).
- The duty covers a trader's marketing of consumer goods and services to consumers, and does not reach marketing between businesses (Chapter 1, section 1).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Penalty payment under section 13 of Act 566/2020 for a breach of Chapter 2, section 4, capped under section 18 at four percent of the trader's turnover in the year before the breach ended.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
The Consumer Ombudsman (kuluttaja-asiamies), who supervises marketing and procedures in customer relationships under Chapter 2 (section 20).
Settledness
- As of
- Open questions
- Does a marketing e-mail, text or call that names the sender only in the message footer or after the offer make the party on whose behalf it is sent 'clearly apparent' under Chapter 2, section 4?
What this law does
Section 1 of Chapter 1 of the Consumer Protection Act applies the Act to the offering, sale and other marketing of consumer goods and services by traders to consumers. Section 4 of Chapter 2 requires marketing to make its commercial purpose and the party on whose behalf it is conducted clearly apparent.
Section 13 of the Act on certain powers of the consumer protection authorities (566/2020) allows a penalty payment against a trader who, to the harm of consumers, intentionally or negligently breaches the identifiability requirement in Chapter 2, section 4. Section 18 of Act 566/2020 caps a penalty payment against a trader at four percent of its turnover in the year before the breach ended. The current wording of Chapter 2 took effect on .
When LexLint raises it
When your app profile says your app sends automated outreach, places automated calls, sends automated texts or sends commercial email.
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