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Law, tax and regulation

Danish Marketing Practices Act

Also called Markedsføringsloven, Marketing Practices Act, Danish marketing law.

Short answer

The Danish Marketing Practices Act (markedsføringsloven) is the law that sets the framework for all commercial marketing in Denmark: advertising must be recognisable as advertising, misleading claims are prohibited, and electronic marketing requires prior consent. The Danish Consumer Ombudsman supervises it – and the rules also apply to affiliates and influencers.

Definition of Danish Marketing Practices Act.

The current Danish Marketing Practices Act dates from 2017 and builds on the EU Unfair Commercial Practices Directive. It applies to all marketing aimed at the Danish market – including when the sender is an individual. If you receive payment, commission or free products for recommending something, you are acting commercially in the sense of the act, whether or not you have a Danish business registration (CVR number). Supervision lies with the Danish Consumer Ombudsman (Forbrugerombudsmanden), who can negotiate, issue orders and report cases to the police.

3 provisions matter most in affiliate work. Advertising disclosure: the commercial intent must be clear from all marketing – hidden advertising is prohibited, and an affiliate link is advertising that must be disclosed before the click (section 6(4)). The ban on misleading practices: claims about products, prices and savings must be correct and documentable (sections 5 and 6). The spam ban: marketing by email or text message requires the recipient's prior consent (section 10).

Responsibility is twofold. The affiliate is responsible for their own content – whoever makes a misleading claim is liable for it. The advertiser also has a responsibility for marketing carried out on the company's behalf, and the Consumer Ombudsman expects companies to instruct their partners in the rules. That is why serious program terms include requirements for correct advertising disclosure.

The 2022 tightening

The act was tightened in May 2022 when the EU Omnibus Directive was implemented. 2 changes hit affiliate sites directly. Price reductions must state the lowest price the product has had in the 30 days before the reduction – central for deal and coupon sites that show savings. And fake consumer reviews were explicitly prohibited: businesses that display reviews must be able to explain whether and how they ensure that the reviews come from real buyers.

Danish Marketing Practices Act vs. GDPR

AspectMarketing Practices ActGDPR
Regulateshow marketing may be done – content, method and channelhow personal data may be processed
Typical questionmust the link be disclosed as advertising, and may the email be sent?may data about the user be collected, and on what basis?
Supervisionthe Danish Consumer Ombudsmanthe Danish Data Protection Agency
Sanctionsfines set according to Danish practicefines of up to 4 % of global turnover

If the question is about the message and the channel, it is the Marketing Practices Act; if it is about data on the person, it is GDPR – email marketing falls under both.

How it goes wrong

  • 01

    The disclosure comes too late

    The word for advertising must be visible before the reader meets the commercial content – not tucked away at the bottom of the article or behind a read-more link. A disclosure that is only discovered after the click does not meet the requirement that the commercial intent must be clear.

  • 02

    Responsibility is placed with the store

    It is the advertiser's product, but the affiliate is liable for their own wording. An invented saving or an undocumented health claim falls on whoever wrote it – not only on whoever sold the product.

  • 03

    Foreign platform, Danish readers

    The act follows the target audience, not where the server is. Danish language, Danish prices and a Danish audience mean Danish marketing law – even if the site is hosted abroad or the business is registered outside Denmark.

Frequently asked questions

Does the Danish Marketing Practices Act apply to me if I have no Danish business registration?

Yes. The act applies to commercial activity, and that is judged by the content, not by registration. If you earn commission on your recommendations, you are marketing commercially – the disclosure requirements and the ban on misleading practices apply from the first link.

How must affiliate links be disclosed under the Danish Marketing Practices Act?

Clearly and visibly, before the reader clicks – in practice with words such as 'Reklame' (advertisement) or 'Annonce' placed so that no one can miss them. Vague wording such as in collaboration with, or discreet hashtags at the bottom, is not enough. The Danish Consumer Ombudsman's guidance on hidden advertising describes the requirements in detail.

What is the penalty for breaching the Danish Marketing Practices Act?

The Danish Consumer Ombudsman can reprimand, issue orders and report cases to the police. Breaches are typically punished with a fine set according to severity and scale – in spam cases, for example, by the number of messages sent. On top of that comes the damage to credibility, which no fine measures.

Is hidden advertising illegal in Denmark?

Yes. The Danish Marketing Practices Act requires the commercial intent to be clear from any form of commercial practice. An affiliate link, a discount code or a sponsored post without clear disclosure is hidden advertising – regardless of platform and number of followers, and regardless of whether the recommendation is also honestly meant.

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