Act On Marketing

Original Language Title: Bekendtgørelse af lov om markedsføring

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)

Chapter 1

The purpose and scope


Chapter 2

General rules of market conduct


Chapter 3

consumer


Chapter 4

Rules relating trader


Chapter 5

Remedies and venue


Chapter 6

Consumer Ombudsman


Chapter 6 a

Competition and Consumer Authority business


Chapter 7

Delegation of Powers


Chapter 8

Litigation, injunctions, injunctions and damages


Chapter 9

The coming into.


The full text
Act on markedsføring1)
hereby promulgated law on marketing, see. Act no. 58 of 20 January 2012 with the changes imposed by § 33 of Law no. 1231 of december 18, 2012, § 5 of the law no. 1387 of 23 december 2012 and § 1 of Act no. 378 of 17 april 2013.

Chapter 1

The purpose and scope

Good marketing practices

§ 1. Traders subject to this Act shall exercise good marketing practice with reference to consumers, traders and public interests.

PCS. 2. Marketing in respect of consumers' economic interests may not be suitable to significantly distort their economic behavior.

scope

§ 2. This Act applies to private persons and to public activity to the extent of offering goods and services on the market.

PCS. 2. § 1 and § 13 paragraph. 3 and paragraph. 8, no. 1 shall not apply to financial institutions to the extent business and growth minister has issued regulations in that area.

PCS. 3. § 13 paragraph. 2 and 4-6, and §§ 15 and 16 shall not apply to financial companies.

Chapter 2

General rules of market conduct

Deceptive and unfair marketing

§ 3. Traders may not use misleading or false statements or omitting material information if this is likely to materially distort consumers or other economic conduct in the market.

PCS. 2. Marketing whose content, form or method used is misleading, aggressive or subjects the consumers or traders to undue influence, and which is likely to significantly distort their economic behavior is not allowed.

PCS. 3. accuracy of statements of fact must be documented.

PCS. 4. Business and Growth Minister shall determine the specific forms of marketing that under EU regulation in all circumstances considered unfair in consumer issues.

Advertising Identification

§ 4. An advertisement shall be such that it will clearly be seen as an advertisement in whatever form and irrespective of the medium in which it is placed.

Comparative advertising

§ 5. Comparative advertising means any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor.

PCS. 2. Comparative advertising, see. Paragraph. 1, authorized under this Act when the

1) is not misleading

2) For goods or services meeting the same needs or intended for the same purpose,

3) objectively compares one or more material, relevant, verifiable and representative features of those goods or services, including price

4) does not create confusion in the market place between the advertiser and a competitor or between the advertiser and the trade marks, trade names, other distinguishing marks, goods or services

5) does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances,

6) for products with designation of origin in each case to products with the same designation,

7) does not take unfair advantage of the reputation attached to a trade mark, trade name or other distinguishing marks or competitor; and

8) does not present goods or services as imitations or replicas of goods or services covered by a protected trade mark or trade name.

Unsolicited calls to certain customers


§ 6. A trader must not approach anyone by means of electronic mail, an au-matic call system or telefax for the marketing of goods, real estate and other property, labor and services, unless the party concerned has requested the .

PCS. 2. Notwithstanding paragraph. 1, a trader that has received a customer's electronic contact in connection with the sale of a product or service market his own similar products or services to the customer via electronic mail. However, this presupposes that the customer can easily and free of charge to declining this both when giving his address to the operator and subsequent inquiries.

PCS. 3. A trader must not approach a specific natural person using other means of remote communication for disposal as referred to in paragraph. 1, if the person concerned for the trader has declined this if it appears from a list prepared by the Civil Registration (CPR) every quarter, that the person has declined communications happens in such marketing purposes, or if the traders through examination of CPR have been aware that the person concerned has declined such communications. Telephone communications consumers apply the rules on unsolicited communications in the Act on Certain Consumer Contracts.

PCS. 4 pcs. 3 does not apply if the person has previously requested the communication from the trader.

PCS. 5. The first time a trader makes a communication referred to in paragraph. 3 to a specific individual who is not listed in the CPR list, the trader clearly and in a comprehensible manner of the right to decline communications as referred to in paragraph. 3 from the trader. The question must also be given access to the easy manner of declining such communications.

PCS. 6. Do not be charged for receiving or noting information that a request under paragraph. 1 revoked or that communications as referred to in paragraph. 3 declined.

PCS. 7. Business and Growth Minister may lay down rules governing the trader information under paragraph. 5 and on the obligation to provide an opportunity to decline communications as referred to in paragraph. 3.

Instructions

§ 7. When an offer is made, at the conclusion of the agreement or the circumstances at time of delivery must be given in accordance or services; sound guidance when this is essential for the assessment of the value of the goods or services character or properties, particularly the performance, durability, dangerousness and maintainability.

§ 7 a. Business and Growth shall lay down specific rules in order to meet the provisions of the European Parliament and of the Council on services in the internal market, as concerns service providers' obligation to provide information to recipients.

Chapter 3

Consumer Protection

Marketing directed at children and young

§ 8. Marketing directed at children and young people must be designed with special attention to children and young people's natural credulity and lack of experience and critical sense, which means that they are readily influenced and easy to impress.

PCS. 2. Marketing directed at children and young people under 18 may not directly or indirectly incite violence or other dangerous or reckless behavior or improper use of violence, fear or superstition.

PCS. 3. Marketing directed at children and adolescents under 18 years must not contain mention of images or references to drugs and alcohol.

Sales promotions

§ 9. A sales promotion, including in the form of extras, discount brands, discount and bonus systems, prize competitions and the like. Must be marketed so as to offer the conditions are clear, unambiguous and easily accessible to the consumer. There must also be omitted material information, including information on the value of any additional services, which is likely to materially distort consumers' economic behavior.

PCS. 2. Provides a trader a product or service at a specified price and the trader reasonable grounds for believing that he will not be able to meet demand in an amount that is reasonable in relation to the offer and range of its marketing, the trader a clear proviso that effect in marketing.

§ 10. (Repealed)

§ 11. (Repealed)

warranty


§ 12. to consumers may be statement granting a guarantee or similar. only if such a statement gives the receiver a substantially better legal position than provided by existing legislation.

PCS. 2. Where support is guaranteed, the trader a clear and simple way to inform consumers about its content and provide the information necessary to enforce the guarantee. Moreover, the operator in a clear and unambiguous way that the consumer's mandatory rights under the law are not affected by the guarantee. Upon request, the consumer, the guarantee in writing. Written guarantees must be written in Danish.

Invitation to purchase

§ 12 a. When an invitation to purchase for consumers, a trader shall provide the following information unless it is already apparent from the context:

1) the product or service main features

2) the trader's address and name

3) the arrangements for payment, delivery and execution of the Agreement, to the extent that these conditions differ from what is usual in the industry,

4) the trader's approach in handling complaints, to the extent that it differs from what is usual in the industry,

5) right of withdrawal, cancellation or return if the consumer has such a right, and

6) the price inclusive of taxes.

PCS. 2. Where the goods or services means that the price can not reasonably be calculated in advance, the manner in which the price is calculated. Where applicable, all additional freight, delivery or postal charges or, if such information is not reasonably be calculated in advance, an indication that these costs may occur.

PCS. 3. When an invitation to purchase means a commercial communication which indicates characteristics of the product and the price in a way that is appropriate to the commercial communication used and thereby enables the consumer to make a purchase.

Pricing details

§ 13. When products are offered for sale to consumers, but not the sale of goods by auction shall be made in labeling, signage or otherwise clearly informed of the total price of the product, including fees, costs, VAT and all other charges. Charges or costs which the trader is not required to collect directly from consumers, are not covered by the first paragraph., But shall be disclosed separately. Where products are offered to consumers by electronic option of ordering, the 1st and 2nd clauses. mutatis mutandis.

PCS. 2 pcs. 1, 1st and 2nd clauses., Apply correspondingly to the commercial provision of services to consumers from business premises, as well as the service offered to consumers by electronic option of ordering. Where it is not possible to state the total price for the service, the basis for calculating the price given, if this will make it possible for consumers to calculate the final price. Is it because of the amount of services offered is not possible to specify the price or calculation for all of them, the price or calculation shall be given for a relevant and representative.

PCS. 3. Where by advertisement or otherwise in marketing materials contain information about the price of goods or services, the information must meet the requirements of paragraph. 1 or 2 and in accordance with paragraph. 8 rules. If a manufacturer, importer or wholesaler ads in advertising or otherwise suggests a price for resale to consumers must state expressly that price is indicative. 1st clause. shall apply mutatis mutandis for oral pricing information.

PCS. 4. When a service is performed after the bill must be sent to the consumer an itemized bill that enables it to control the price of the goods and services included in the service. The consumer must have the following information:

1) Hourly rate.

2) Time Consumption.

3) Material consumption, where it affects the price of the service.

PCS. 5. The trader can partially or completely replace the information referred to in paragraph. 4, Nos. 1-3, with other information if this is done in agreement with the consumer, or if, according to industry practice in that area.

PCS. 6. The operator shall at the consumer's request in special situations provide additional information that enables the consumer to check the price of the goods and services included in the service.


PCS. 7. When a fee is a payment for a particular service, feature or benefit that relates to the purchase of a product or service and which do not constitute payment for a personal benefit.

PCS. 8. Business and Growth Minister may, after consultation with the minister and representatives of consumers and relevant professional bodies lay down rules on

1) special rules for and exemptions from paragraphs. 1-6, including rules for information in connection with the provision of credit,

2) the procedure for providing price information and restricting the amount of information provided,

3) the same way as under paragraph. 1 must be informed of the price per. unit and applying the measuring unit for individual product groups and

4) to pre-packaged retail products must contain information about each package net amount.

credit purchases

§ 14. If the goods are offered for sale to consumers with information on the cost of purchasing them on credit purchases must be the same as stated in § 13 paragraph. 1, disclosed

1) cash,

2) the cost of credit stated as an amount and

3) the annual percentage rate for credit. The annual percentage rate shall be provided in an equally prominent way as the other credit information.

PCS. 2. In calculating the cost of credit in accordance with paragraph. 1 pt. 2 and the annual percentage rate after paragraph. 1, no. 3, Chapter 2 of the Law on credit agreements apply.

PCS. 3. Information under subsection. 1 may take the form of a representative example if this is the only appropriate way to proceed.

PCS. 4 pcs. 1-3 shall apply mutatis mutandis if the goods offered to consumers by electronic option of ordering.

Credit agreements

§ 14 a. Any marketing of credit agreements which indicates an interest rate or any figures relating to the cost of credit to the consumer shall include standard information required pursuant to paragraphs. 2.

PCS. 2. The standard information in accordance with paragraph. One must clearly and in a prominent way through a representative example:

1) The borrowing rate, fixed or variable or both, together with particulars of any charges included in the consumer's total cost of the credit.

2) The total amount of credit.

3) The annual percentage rate, as calculated by the Credit Agreements Act.

4) the credit agreement maturity.

5) credit in the form of deferred payment for a specific good or service, the cash price and the amount of any advance payment.

6) The total amount to be paid by the consumer and the installments.

PCS. 3. If the conclusion of a contract regarding an ancillary service relating to the credit agreement, in particular insurance, is compulsory for obtaining the credit or to obtain the credit on the terms and conditions Agreement and its cost can not be calculated in advance, the obligation to enter into that contract shall also be stated clearly and in a prominent way, together with the annual percentage rate.

PCS. 4. A credit intermediary should in advertising and documentation intended for consumers draw attention to the extent of his powers, in particular whether he works exclusively with one or more creditors or as an independent broker.

§ 14 b. Business and Growth shall lay down rules on risk information for credit agreements.

charges

§ 15. If the amount or the levying of a fee, see. § 13 paragraph. 7, which are not regulated by law, in an ongoing contractual relationship can be changed to the detriment of the consumer, the conditions for this must be clearly stated in the contract.

PCS. 2. Change fees or charging new fees in an ongoing contractual relationship must always be notified with a reasonable time before it becomes effective for the consumer.

PCS. 3. Is the fee change significantly, or charged a new fee, the warning made to the consumer by individual communication before the change takes effect. If the consumer has the right to terminate the agreement shall be specified in the notice, as the conditions under which the consumer can cancel the contract.

Organized discount

§ 16. Traders who provide organized rebate in the form of discounts or other special benefit to members of associations or organizations or to specific categories concerning goods or services covered by § 13 paragraph. 2, be a visible sign at all entrances to business premises, which groups receive organized discount and the amount thereof.


PCS. 2. The operator shall provide on request to display a list of the goods and services covered by the organized discount and the rebate amount.

PCS. 3. At the distance specified in paragraph. 1 shall be provided in conjunction with price information, while in paragraph. 2 shall be provided upon request.

PCS. 4. The provisions of paragraphs. 1-3 does not apply to organized discounts granted as part of an employment discount giver.

PCS. 5. Business and Growth Minister may, after consultation with the minister and representatives of consumers and relevant professional bodies lay down rules on divorce planning and construction content and that a service provider who is not covered by § 13 paragraph. 2, must inform the party concerned to provide organized discount.

Labeling and packaging

§ 17. Business and Growth Minister may, after consultation with representatives of consumers and relevant trade associations provide that certain goods are offered for sale to the consumer, may only be sold or offered for sale with an indication of whether the goods are Danish or foreign, or origin or production site. The Minister may determine in greater detail the manner in which these particulars must be placed, as well as in each case to be understood by the product or place of origin.

PCS. 2. Business and Growth Minister may, after consultation with representatives of consumers and relevant trade organizations adopt provisions

1) that certain trade names or symbols reserved or to be used for items that meet certain specified conditions, and

2) that certain goods shall be sold or offered for sale if the goods or their packaging prescribed by the Minister means are provided with information about their content and composition, shelf life, treatment and properties in general.

Chapter 4

Rules relating trader

Business Characteristics

§ 18. Traders may not use the business features and the like. That is not for them, nor use their own characteristics in a way that is likely to cause confusion with others.

Business secrets and technical drawings

§ 19. Whoever is in service or relationship to a business or an office for this must not make improper gain or attempt to gain knowledge or disposal of the company's trade secrets.

PCS. 2. Have the gained knowledge or possession of the company's trade secrets in a lawful way, he shall not unauthorized disclose or make use of such secrets. The ban lasts for 3 years after service, cooperation or assignment.

PCS. 3. The rules in paragraphs. 1 and 2 apply mutatis mutandis to other individuals who have legal access to the company.

PCS. 4. The person who in the course of work or for any other business purpose has been entrusted technical drawings, descriptions, recipes, models etc. Must not make use of such material or enable others to do so.

PCS. 5. Traders may not use a trade secret if knowledge or disposal of it is obtained in violation of the above provisions.

Chapter 5

Remedies and venue

Remedies

§ 20. acting contrary to the law may be prohibited by judgment. In doing so, or a later date the judgment is given such orders as may be deemed necessary to ensure

1) compliance with the prohibition, including provision for contracts concluded in violation of a ban is invalid and

2) restoration of the advance of the illegal act-existing condition, including destruction or withdrawal of products, and provision of information or correction of entries.

PCS. 2. acting contrary to the law incur liability in accordance with Danish law.

PCS. 3. A person who violates or undue advantage of another's rights in conflict with this Act shall pay a reasonable remuneration.

PCS. 4. If there is no intent or negligence, the person who has infringed or exploitation of rights in violation of this Act shall pay damages under subsection. 3, to the extent deemed reasonable.

The Maritime and Commercial Court

§ 21 (Repealed)

Chapter 6

Consumer Ombudsman

DCO

§ 22. Consumer Ombudsman supervises the law and under the law issued notices are respected, particularly in the interests of consumers.


PCS. 2. Consumer Ombudsman may require all information deemed necessary for its activities, including for determining whether a matter falls within the provisions of the Act. Disclosure may be required within a short period of time when it comes to comparative advertising, or whenever the situation is deemed necessary.

PCS. 3. Consumer Ombudsman is appointed by the Business and Growth Minister for a period of up to 6 years with a possible extension of up to a total of 3 years. Reappointment as Consumer after the expiry of the stipulated period shall be subject to re-entry. By reappointment will first section. mutatis mutandis. The Consumer Ombudsman may resign only if the parting is justified on health grounds, or if the person concerned as a result of crime, misconduct or irregularity is unfit to remain in the post. The appointment shall expire automatically at the end of the month in which he reaches the age of 70. Consumer Ombudsman must meet the general conditions to become a judge.

PCS. 4. Consumer Ombudsman's decisions under this Act may not be appealed to any other administrative authority.

PCS. 5. Business and Growth Minister shall lay down rules of the Consumer Ombudsman.

PCS. 6. Business and Growth Minister may lay down rules that written communications to and from the Consumer Ombudsman on matters covered by this Act or the regulations issued under this Act shall be digital.

PCS. 7. Business and Growth Minister may lay down rules on digital communications, including the use of specific IT systems, special digital formats and digital signature or the like.

PCS. 8. A digital communication is considered to have arrived when it is available to the addressee of the message.

PCS. 9. Business and Growth Minister may lay down rules, the Consumer Ombudsman may issue decisions and other documents under this Act or regulations issued pursuant to this Act without signature, with mechanically or similarly reproduced signature or using a technique ensure unambiguous identification of the person who issued the order or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 10. Business and Growth Minister may lay down rules for decisions and other documents that exclusively taken or issued on the basis of electronic data processing, can be issued only stating the DCO as sender.

On-site inspections

§ 22 a. Consumer Ombudsman may carry out surveys for the handling of complaints that are forwarded from the enforcement authorities in other EU countries under Regulation (EC) 2006/2004 on cooperation, relating to breaches of directives for which the Consumer Ombudsman is appointed as competent authority.

PCS. 2. Consumer Ombudsman inspections can take place only after obtaining a court order.

PCS. 3. Access to inspections implies that the DCO gain access to a company's premises and means of transport in order there to familiarize themselves with and take copies of all information, including marketing, accounting and other business records, irrespective of the medium. The Consumer Ombudsman may ask for oral explanations on facts associated with the inspection.

PCS. 4. Where a company is stored or processed by an external data processor, the Consumer Ombudsman access to the external data processor's premises in order there to familiarize themselves with and make copies of the information in. Paragraph. 3. Access assumes that it is not possible for the DCO to access that information directly from the company that is under investigation.

PCS. 5. If business conditions are such that it is not possible for the Consumer Ombudsman same day as the inspection is carried out, to access or take copies of the information in. Paragraph. 3 and 4, the Consumer Ombudsman seal the relevant premises and information for up to 72 hours.

PCS. 6. Under the same conditions as in paragraph. 5 Consumer Ombudsman may include information for copying. The Consumer Ombudsman shall, together with a set of copies of the information provided by the Consumer Ombudsman has taken for its further review, be returned to the company no later than 3 business days after the inspection.


PCS. 7. The police assist in exercising powers under subsection. 3-6. Business and Growth Minister may, after consultation with the Minister of Justice lay down detailed rules.

PCS. 8. Chapters 2 and 3 of the Act on security and administration of coercive measures and information duties apply to inspections under this provision.

Negotiation Principle

§ 23. The Consumer Ombudsman shall by negotiation endeavor to induce traders to act in accordance with the principles of good marketing practices and to comply with the law in general.

PCS. 2. If a trader disregards an undertaking given to the Consumer Ombudsman after negotiation under paragraph. 1, the Consumer Ombudsman may notify the trader such orders as may be considered necessary to ensure compliance with the undertaking.

guidelines

§ 24. Consumer Ombudsman seeks after negotiations with consumer representatives and the relevant trade associations to influence the behavior of traders through the preparation and publication of guidelines for marketing to specific areas deemed essential, particularly in the interests of consumers.

PCS. 2. The Consumer Ombudsman may, notwithstanding paragraph. 1 does not issue guidelines aimed exclusively at companies covered by the Financial Business Act.

Prior notice

§ 25. Consumer Ombudsman shall, upon request statement regarding his view on the legality of contemplated marketing initiatives unless such opinion gives rise to unusual doubt or in other special circumstances. An advance does not imply an actual opinion on the legality of the arrangement concerned.

PCS. 2. When the Consumer Ombudsman has given an advance to a trader that a planned measure the DCO's opinion will be legal, the Consumer Ombudsman may not on its own initiative to the trader intervene on the occasion of a measure covered by the advance and implemented within a reasonable time after his release.

PCS. 3. Business and Growth Minister may lay down rules on advance indication fees.

Chapter 6 a

Competition and Consumer Authority business

§ 25 a. Competition and Consumer Authority conducts and publishes comparative testing of goods and services.

PCS. 2. Competition and Consumer Authority may, in its test business use anonymous information gathering.

Chapter 7

Delegation of Powers

§ 26. Business and Growth Minister can delegate his powers under this Act to an agency under the ministry. This does not apply to powers under § 22 paragraph. 5. assigns the minister powers to an authority under the Ministry, the Minister may lay down rules governing appeals, including appeals may not be brought before another administrative authority.

Chapter 8

Prosecution, prohibition, injunction and damages

Prosecution etc.

§ 27. Anyone with a legitimate interest may bring an action for prohibition, injunction, compensation and remuneration according to § 20 Consumer Ombudsman may institute proceedings for injunctions according to § 20 paragraph. 1, and on request to sue for compensation and remuneration.

PCS. 2. The Consumer Ombudsman may issue an injunction if an action is clearly in conflict with the law and can not be changed by negotiation.

PCS. 3. An order can be of the order is directed at, request judicial review. Requests must be submitted in writing to the Consumer Ombudsman within 4 weeks after the order was communicated to him. The Consumer Ombudsman shall, within one week after receipt of the request to court in a civil procedure.

PCS. 4. A request under paragraph. 3 does not have suspensive effect, but the court may decide that the course of the proceedings may continue the action, the injunction is concerned.

PCS. 5. If a ruling in which an order is not found lawful, the court that issued the judgment or the court to which the case is brought may decide that the person during the appeal must practice the action, the injunction is concerned.

PCS. 6. If a charge for violation of the law, leaving the execution of the indictment to the Consumer Ombudsman, if he so requests.

Information to the limitation

§ 27 a. Consumer Ombudsman may, if deemed necessary to protect consumers against loss of rights, after negotiation issue orders to inform relevant customers on the legal position in relation to limitation.

Damages


§ 28. If a plurality of consumers in violation of the provisions of this Act have similar claims for compensation, the Consumer Ombudsman at the request recover the claims collectively.

PCS. 2. Consumer Ombudsman may be appointed as group representative in a class action, see. Administration of Justice Chapter 23 a.

Preliminary ban

§ 29. Consumer Ombudsman can, when there is an obvious danger that the purpose of the prohibition referred to in § 20 paragraph. 1, will be missed if the court's decision be awaited, dismantle preliminary injunction. Action to confirm the ban must be brought no later than the next business day. The rules of the Code of Civil Procedure § 413, no. 2, § 414, § 430 and § 641, paragraph. 1-3 and 5 shall apply mutatis mutandis, and the provisions of §§ 636 and 638 and § 422, paragraph. 3 shall apply mutatis easing.

PCS. 2. If a case upholding of a ban under subsection. 1 can not be settled by judgment later than 5 days after the proceedings, the court during the preparation before the expiry of that period by order provide that the prohibition shall remain in force. Court gives, before such a decision is taken, as far as possible the parties the opportunity to comment. Prohibition is not affirmed by the deadline lapses.

Penalty and prosecution

§ 30. Violation of one of the court injunction or injunctions or the DCO according to § 23 paragraph. 2, or § 27 paragraph. 2 or § 27 a, shall be liable to a fine or imprisonment for up to 4 months. Breach of an order to repay money received punished not.

PCS. 2. Any person who fails to report the information required in accordance with § 22 paragraph. 2, or § 22 a paragraph. 3, 2nd sentence. Or in circumstances covered by the Act, the Consumer Ombudsman incorrect or misleading information liable to a fine, unless more severe punishment is prescribed under other legislation.

PCS. 3. Violation of the provisions of § 3, paragraph. 1 and 2, §§ 4-6, § 8 paragraph. 2 and 3, § 9, § 12 a paragraph. 1 and 2, § 13 paragraph. 1-4, § 14, § 14a, § 15 paragraph. 3, § 16 paragraph. 1-4, and intentional violation of § 18 is punishable by fine unless a higher penalty is warranted under other legislation. Violation of § 3, paragraph. 2, consisting in damaging references to another trader or conditions that apply in particular to the question, and violation of § 5 are subject to private prosecution.

PCS. 4. Violation of § 19 is punishable by fine or imprisonment for up to 1 year and 6 months, unless a higher penalty is prescribed by the Penal Code § 299 a. Prosecution will take place only after the injured party.

PCS. 5. In regulations issued pursuant to this Act may stipulate fines for violation of the provisions of the rules.

PCS. 6. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

§ 30 a. Business and Growth Minister may, after consultation with the Minister of Justice, lay down regulations to the Consumer Ombudsman in specific cases of violation of this Act or regulations issued pursuant thereto in a fixed penalty notice may state that the case can be settled without trial if, the offender pleads guilty to the offense and declares its readiness within a specified period to pay in bødeforelægget specified fine. The deadline to request extended by the DCO.

PCS. 2. The rules of the Code of Civil Procedure § 834, paragraph. 1 pt. 2 and 3 and paragraph. 2, the requirements for the contents of an indictment and that a suspect has the right to rule, apply mutatis mutandis to fixed penalty notice.

PCS. 3. If adopted bødeforelægget lapse further prosecution. The adoption has the same effect as a judgment.

§ 31 (Omitted)

Chapter 9

The coming into.

Commencement

§ 32. This Act shall come into force on 1 July 2006. However, the provisions § 9 into force on 1 January 2007.

PCS. 2. On July 1, 2006 shall be repealed in paragraph. 3 exceptions mentioned law on marketing, see. Legislative Decree no. 699 of 17 July 2000, and the Act on labeling and price labeling, etc., see. Legislative Decree no. 209 of 28 March 2000.

PCS. 3. The act of marketing, see. Legislative Decree no. 699 of 17 July 2000 shall remain §§ 6 and 7 and § 22 paragraph. 3 and 6, with regard to violations of §§ 6 and 7, in force until 1 January 2007. Furthermore maintained § 23 of the Act on marketing, see. Legislative Decree no. 699 of 17 July 2000, which repealed by § 9 of the law no. 554 of 24 June 2005 until 1 July 2007.


PCS. 4. Rules issued or maintained pursuant to the Act on marketing, see. Legislative Decree no. 699 of 17 July 2000, and the Act on labeling and price labeling, etc., see. Legislative Decree no. 209 of 28 March 2000, maintained until repealed or replaced by rules issued in pursuance of this Act. Offences punishable by a fine under the previous rules.

Faroe Islands and Greenland

§ 33. This Act does not apply to the Faroe Islands and Greenland.

Act no. 1231 of 18 December 2012 contains the following provision:
§ 69

PCS. 1. This Act shall enter into force on 1 January 2013.

PCS. 2. (Omitted)

Act no. 1387 of 23 December 2012 contains the following provision:
§ 7

PCS. 1. This Act shall enter into force on 1 July 2013.

PCS. 2. (Omitted)

Act no. 378 of 17 April 2013 contains the following provision:
§ 5


This Act shall come into force on 1 May 2013.

Business and Growth Ministry, 25 September 2013
Henrik Sass Larsen
/ Kenneth Skov Jensen

Official notes

1) The Act contains provisions implementing parts of European Parliament and Council Directive 2005/29 / EC of 11 May 2005 concerning unfair business-to-consumer internal market and amending Council Directive 84/450 / EEC, European Parliament and Council Directive 97/7 / EC, 98/27 / EC and 2002/65 / EC and European Parliament and Council Regulation (EC) no. 2006/2004 (the unfair commercial practices Directive), Official Journal 2005 No . L 149, page 22, and parts of the European Parliament and Council Directive 2006/123 / EC of 12 december 2006 on services in the internal market (services Directive), Official Journal 2006 no. L 376, page 36, and parts of the European Parliament and Council Directive 2008/48 / EC of 23 april 2008 on credit agreements for consumers and repealing Council Directive 87/102 / EEC, Official Journal 2008 no. L 133, page 66.