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The Danish Marketing Act 'Markedsføringsloven'

Companies can receive penalties of up to €2 million or 4% of ARR under the Danish Marketing Act.

What do I need to know?

On May 28, 2022, the Danish 'markedsføringsloven' or Marketing Act was updated with amendments to the Consumer Rights Directive (CRD), the Unfair Commercial Practices Directive (UCPD), and the Better Enforcement and Modernization Directive (BEMD).

The updated version imposes tough new penalties on companies that fail to document green or sustainable proclamations or advertising. This means that undocumented proclamations can be penalized up to €2 million or 4% of the company's annual turnover. To avoid the risk of penalties, companies must be able to document their claims and have their data validated by a third party. The EU taxonomy creates a standard framework for sustainability and environmental performance. For a detailed guide on how to avoid greenwashing or false, undocumented green marketing, see the Ombudsmand's 'Quick Guide' (in Danish).

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