December 1, 2022


Be Lively with Business

New transparency prerequisites for on the internet promoting

On 28 Could 2022, numerous new provisions in the Danish Marketing Procedures Act enter into pressure imposing stricter transparency prerequisites upon traders conducting on the net marketing and advertising things to do.

The function of the new needs is to make certain amplified transparency for consumers in link with on the web transactions.

The a few new transparency specifications, that are explained in more detail in the ensuing sections, are:

– Disclosure of parameters determining merchandise and company rankings in on line lookups (Article 6a)

– Disclosure of whether the authenticity of buyer opinions is checked (Report 6b)

– Disclosure of sellers’ status as traders or non-traders (Short article 6(2)(7))

The new disclosure necessities in the Advertising Methods Act are executed to comply with the Unfair Professional Techniques Directive (2005/29) which was lately amended by the Much better Enforcement and Modernisation Directive (2019/2161).

Disclosure of parameters analyzing merchandise and assistance rankings in on the net searches

A number of on-line marketplaces offer you shoppers to perform searches throughout distinct suppliers of items and services, this sort of as lookups for travels, lodging or electronics. The marketplaces give search results by comparing and rating the respective goods or expert services.  

From 28 May well 2022, providers of on the internet marketplaces are demanded to enable customers to recognize the most important parameters made use of for figuring out the rating of goods and products and services inside of a research end result. Only providers of on the internet marketplaces evaluating presents from third parties (and not only the provider’s very own solutions/providers) are lined by the new provision. More, a similar disclosure need already applies to suppliers of on the web lookup engines. 

The new transparency requirement involves that providers of on the internet marketplaces should, in an easily obtainable and immediate way (for case in point through hyperlinks or pop-up texts), provide customers with common information and facts about the most critical parameters that identify the ranking of items and products and services. 

Additionally, it is a necessity that the company of the on-line marketplace helps make it obvious to people if a research outcome is ”paid articles promotion” or if a trader has immediately or indirectly paid the company of the on the internet marketplace to acquire a larger position in the lookup results. 

Disclosure of irrespective of whether the authenticity of shopper testimonials is checked

One more new requirement is that traders supplying entry to consumer opinions of solutions or solutions must notify buyers whether or not processes and strategies have been applied to ensure that printed opinions originate from consumers who have actually utilised or purchased the product or service or provider reviewed. 

The requirement does not obligate traders to make sure that opinions in simple fact originate from buyers as it only needs traders to disclose no matter whether the authenticity of buyer reviews has been checked and, if so, how these types of checks have been carried out.

Alongside one another with this necessity, two forms of commercial procedures relevant to client reviews are added to the so-referred to as ”blacklist” (Annex 1 to the Advertising and marketing Practices Act) cataloguing particular varieties of industrial methods that are generally prohibited. As a consequence, from 28 May perhaps 2022, it will (usually) be regarded deceptive if item and assistance reviews are marked as customer reviews if thanks procedure and methods to be certain the authenticity of these types of has not been noticed. Additional, the action of publishing or getting fake reviews is added to the blacklist along with with routines that wrongfully portray or manipulate client opinions, e.g. by only publishing constructive testimonials and deleting destructive testimonials.

Disclosure of sellers’ status as traders or non-traders

From 28 May perhaps 2022, companies of on the net marketplaces need to supply information to customers on regardless of whether third get-togethers giving products or companies at the on the internet market are traders or non-traders (i.e. personal sellers). Fulfilment of the prerequisite rests with the provider of the on the internet market who ought to get trader status declarations provided by each and every third bash employing its on-line marketplace to present products or solutions. 

Providers of online marketplaces may perhaps not mislead consumers in regard of such data or present it in an unclear, incomprehensible, or ambiguous way.

Improved stage of fines

The worth of complying with the Advertising and marketing Procedures Act and the new, stricter demands mentioned above is underlined by the actuality that the degree of fines in common for violating the Act was recently amended to warrant increased fines.

The stage of fines is calculated on the foundation of the gravity of the violation and the trader’s turnover dependent on established charges. As illustrations, a company with a (worldwide) annual turnover of up to DKK 5 million can assume fines in the range of DKK 40,000-80,000, even though a business with a turnover of among DKK 50 and 100 million can be achieved with fines in the purchase of DKK 400,000 to DKK 1 million. The stage of fines can be increased (or reduced) based on the extent of the violation and the intended attain from the unlawful internet marketing exercise. 

Along with the new rules for on the web advertising coming into drive on 28 May possibly 2022, added procedures on fines will also get outcome, in accordance to which violations that may perhaps damage the collective passions of people in at the very least two EU Member States in addition to Denmark can be punished with fines ranging up to 4% of the company’s annual turnover. If there is no facts accessible on the turnover, fines in these forms of instances may well variety up to EUR 4 million.

Accura responses

With the implementation of the new transparency specifications and the recently amended degree of fines, the demands for on-line marketing and advertising are improved substantially. The needs are of individual importance to suppliers of on the internet marketplaces, but all traders who provide products and expert services on the internet must familiarise themselves with the new guidelines and advise on line marketplaces, on which they are existing, of their standing as traders.