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Law, tax and regulation

Danish Consumer Ombudsman’s influencer rules

Also called Danish influencer marketing rules, Forbrugerombudsmandens influencerregler, hidden advertising in Denmark, ad disclosure rules Denmark, influencer advertising labelling.

Short answer

The Danish Consumer Ombudsman’s influencer rules are the regulator’s interpretation of the Danish Marketing Practices Act for influencers: commercial intent must be clear, immediate and in the content’s own language. Affiliate links, gifts and discount codes count as advertising – even without agreed payment.

Definition of Danish Consumer Ombudsman’s influencer rules.

In Denmark, the rules are in the Marketing Practices Act (markedsføringsloven), not in a separate influencer law. The core is section 6(4): a trader’s commercial intent must be clearly apparent in any commercial practice. The Danish Consumer Ombudsman (Forbrugerombudsmanden) supervises the act and has published guidance on how the requirement must be met in posts, stories and videos.

The trigger is not payment but benefit. If you receive money, products, discounts, trips or loaned equipment – or you earn from an affiliate link when someone buys – the content is advertising and must be labelled. The fact that you genuinely mean what you write changes nothing: readers must be able to see the commercial interest before they read on.

The labelling must be noticeable without the viewer having to do anything. That means at the top, before the text is expanded, in a word that says what it is – Advertising or Advertising for [brand] – in the same language as the content and not hidden in a string of hashtags. In video and stories, the label must be readable while the clip is showing.

Breaches of the Danish Marketing Practices Act are punishable by fines, and the Consumer Ombudsman can report a case to the police. Liability can rest with both the influencer and the company behind the advertising – so a store cannot contract its way out of it by leaving the wording to the influencer.

How to label an affiliate link

An affiliate link is advertising, because you earn from the purchase the link leads to. State it in plain words at the top of the post or close to the link, for example: This post contains advertising links – if you buy through them, I receive a commission. Under the Danish rules, abbreviations and English labels in a Danish text do not meet the clarity requirement.

The same applies on pages with many links. The label must be where the reader is, not only in a footer or on a separate page about partnerships. A reader who lands directly on the article from a search engine must be able to see it without clicking further.

Children, young people and free products

Marketing aimed at children and young people must take into account that they are more easily influenced, and stricter requirements apply to what may be marketed at all. If a significant share of your followers are under 18, the content must be assessed accordingly – even when the product is legal to market to adults.

Gifts and free products with no agreement about coverage are still an economic benefit. If you choose to mention them, the mention is advertising and must be labelled. This text describes the Danish rules in broad terms and is not legal advice; if you are in doubt about a specific campaign, the Consumer Ombudsman’s own guidance is available at forbrugerombudsmanden.dk. Other countries have their own rules – check locally.

How it goes wrong

  • 01

    The label sits among the hashtags

    An #ad at the end of a string of hashtags is not clear. The label must come first and stand apart, so it is read before the content – not after the reader has formed an impression.

  • 02

    Relying only on the platform’s own tool

    Features such as a paid partnership label are set by the platform, display differently from device to device and do not necessarily follow the content when it is shared. Write the label into your own content as well.

  • 03

    Only the first clip in a series is labelled

    Each story, post and video stands alone for whoever sees it. A viewer who drops in halfway through a series has not seen the label in the first clip, so it must be repeated every time.

Frequently asked questions

Do affiliate links have to be labelled as advertising in Denmark?

Yes. If you earn money when someone buys through your link, you have a commercial interest, and under section 6(4) of the Danish Marketing Practices Act it must be clearly apparent. State it in plain words at the top of the post or close to the link – not only in a footer or on a page about partnerships.

How do you label advertising correctly on Instagram under the Danish rules?

Write Advertising or Advertising for [brand] at the start of the text, so it is visible without expanding the caption, and in the same language as the post. In stories, the label must be readable while the clip is showing. The platform’s own label can supplement it but should not stand alone.

Do the rules apply if I received the product for free?

Yes. A free product, a discount or loaned equipment is an economic benefit, and mentioning it is advertising – even without any agreement about what you should write. What matters is the benefit, not whether a contract was signed.

What is the penalty for hidden advertising in Denmark?

Breaches of the Danish Marketing Practices Act are punishable by fines, and the Consumer Ombudsman can report a case to the police. Liability can rest with both the influencer and the company behind the advertising.

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