universadvokater.com

Your partner for legal advice in Denmark.

Nye retningslinjer for prismarkedsføring

Den 28. maj 2022 trådte nye retningslinjer for prismarkedsføring i kraft. Retningslinjerne følger af § 9 a i prismærkningsbekendtgørelsen, som er baseret på artikel 6a i EU Direktiv 98/6 om forbrugerbeskyttelse.

De væsentligste ændringer i retningslinjerne for prismarkedsføring er følgende:

  • Fremover skal et produkt have været udbudt til sin normalpris i mindst 30 dage, før det kan sættes på tilbud, således at tilbuddet kan sammenlignes med normalprisen. Normalprisen er den laveste pris, som den erhvervsdrivende har anvendt for varen i perioden på mindst 30 dage forud for prisnedsættelsen.
  • Produkter, der har haft en normalpris i en periode på minimum 30 dage, må markedsføres med en nedsat pris i op til 10 dage (5 dage for varer, der må antages at blive forringet eller forældet hurtigt, eksempelvis afskårne blomster og ferske fødevarer).
    • Tilbudsperioden kan dog forlænges, hvis den erhvervsdrivende ved tilbudsperiodens begyndelse gør opmærksom på varigheden af tilbuddet, eksempelvis ved at skrive at tilbuddet gælder hele den pågældende måned, eller hvis den erhvervsdrivende ved en forlængelse af tilbuddet oplyser, at der er tale om en forlængelse.
    • Markedsføringen af prisen som en nedsat pris må dog under alle omstændigheder højst vare halvdelen af varigheden af den periode, hvori normalprisen har været gældende.
  • Det er ikke lovligt at markedsføre kortvarige kampagner af 3 dages varighed med nedsatte priser, uden at afbryde den periode på 30 dage, hvor produktet skal have været til salg til normalpris.
  • Herudover indeholder retningslinjerne nu, at salgsfremmende udtryk, såsom Kun, Chokpris, Super billigt kun må anvendes, hvis de har et reelt indhold, hvilket betyder, at købet skal være særlig fordelagtigt for forbrugeren.

Retningslinjerne for prismarkedsføring er således blevet skærpet en del i forhold til de hidtidige retningslinjer med det formål, at sikre forbrugerne mod vildledning samt sikre en mere reel og loyal konkurrence mellem de erhvervsdrivende gennem ensartede spilleregler.

Hvis du ønsker hjælp til en vurdering af jeres markedsføring, er du velkommen til at kontakte Sofie Thøgersen på st@universadvokater.dk eller telefon 89 34 35 06. Det koster ikke noget, før vi aftaler det.

EDPB publishes draft guidelines on “dark patterns”

The European Data Protection Board adopted draft guidelines for public consultation on so-called dark patterns aimed at social media networks on 14 March 2022.

The term dark pattern refers to interfaces designed to influence the user into making unintended and potentially harmful decisions regarding the processing of their personal data.

The guidelines are structured around the main parts of a social media user's journey where they are likely to encounter dark patterns, e.g., during sign up, changing settings and closing their account. The guidelines contain the application of the key principles established in the GDPR and offer practical recommendations to designers and users of social media platforms on how to design user interfaces that facilitate the effective implementation of the GDPR.

The guidelines include examples of dark patterns and sets out best practices at the end of each use case. A checklist of dark pattern categories can also be found in the annex to the guidelines.

You can read the new guidelines here: https://edpb.europa.eu/system/files/2022-03/edpb_03-2022_guidelines_on_dark_patterns_in_social_media_platform_interfaces_en.pdf

International network


UNIVERSADVOKATER has global relationships facilitating highly effective multi-jurisdictional work.

UNIVERSADVOKATER's partners have several decades of experience in international practice covering the full spectrum from day-to-day cross border business to multi-million dollar projects and dispute resolution.

UNIVERSADVOKATER has a unique and close personal network of lawyers in excellent law firms throughout the world.

Who we are

Working nationally and internationally from our base in the city of Aarhus (known in Denmark as “the city of smiles”) we provide the full range of legal services that our clients and partners across the world need.

Business advisory

We have the expertise to assist clients at every stage of setting up, running and developing their business.

Whatever stage of growth your business is at, and whatever stage of the commercial process you are at, we can assist with commercially focused legal advice and guidance that will help you maximize potential.

Our business advisory team can advise and support you with:

  • Commercial contracts
  • IP/IT issues
  • Data protection and privacy law
  • Consumer protection issues for digital sales B2C
  • Employment law and posting of workers
  • International recruitment issues
  • Commercial litigation and arbitration
  • Debt recovery

Commercial real estate

Our experience in the real estate sector helps us to understand every angle of complex real estate transactions, and we provide practical and efficient solutions to complex real estate problems. Whatever your financial and commercial objectives, we provide advice that is tailor made to help you achieve them.

Our commercial real estate team can advise and support you with:

  • Acquisitions and sales
  • Asset management
  • Leases
  • Property litigation
  • Development and construction
  • Planning law
  • Environmental issues

Corporate

We advise businesses of all sizes and whether it’s a question of buying or selling company assets, setting up or acquiring a new subsidiary or corporate governance. We provide strategic and commercially focused advice to assist you manage your transactions efficiently and quickly.

Our approach is both pragmatic and innovative. We use our experience as well as our creativity to provide strategic advice which will help you find practical solutions to your corporate challenges and assist you to achieve your objectives.

Our corporate team can advise and support you with:

  • Mergers and acquisitions
  • Due diligence
  • Corporate restructuring
  • Private equity transactions
  • General corporate advisory
  • Company secretarial work.

Private client


We are always happy to have a preliminary discussion at no charge.

If you need Danish legal advice on a family law or private matter, our team will be happy to assist you and ensure that you receive the support and guidance you need.

Send an email to mail@universadvokater.dk with a short description of the matter you would like advice about, and one of our private client team will give you a call. We are always happy to have a preliminary discussion at no charge. 

Our team can advise and support you with:

  • Wills and inheritance matters
  • Family law, including nuptial agreements
  • Division of assets
  • Danish summerhouse law and recreational use compliance
  • Conveyancing.

Vi rådgiver naturligvis også danske virksomheder vedrørende deres internationale forretninger.

Ruth Caddock Hansen, der koordinerer UNIVERSADVOKATERs internationale aktiviteter, er englænder, men behersker efter mange år i Danmark dansk som  en indfødt. Ruth er såvel dansk advokat som solicitor (England og Wales)..

Kontakt Ruth på 89 34 35 03 eller rch@universadvokater.dk

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Danish Tax Assessment Council finds that gig workers are employees, not self-employed

On the 25th of January 2022 the Danish Tax Assessment Council ruled that a person working as a courier for a digital gig platform should be classified as an employee and not as self-employed.

The Council identified the following factors as being decisive in coming to this conclusion:

  • the digital gig platform had considerable power of instruction over the courier, and had laid down several general and specific instructions for the performance of the work,
  • the courier did not incur expenses over and above what would be normal for an employment relationship, and did not assume an independent financial risk, and
  • the relationship had a continuous character, with remuneration paid periodically.

This decision will not have a direct effect on third parties who were not a party to the decision, but the decision does provide important insight into how the Danish tax authorities will assess similar cases in the future. For the digital gig platform involved and for other similar service providers in Denmark, the decision will doubtless prompt a reassessment of the employment status of their workers. If the employment status of workers changes and they become employees, the companies will have to withhold part of the employees pay and pay their tax to the tax authority. Employee status would also mean that workers would be entitled to employment rights such as paid leave, working time regulations, occupational health and safety protection, and collective bargaining etc.

This is an area which is currently the subject of high-level debate and focus for the EU. Just before the Danish Tax Assessment Council published its decision, a new proposal for an EU directive on improving working conditions for gig platform workers was submitted by the EU Commission.

LEGAL NOTICE

Please click here to go to our Legal Notice page.

The Legal Notice page is in the Danish language, but you may use the translation tool on the page's top menu to translate the page into a language of your own choice.

Please note that translations may be inaccurate. In case of any difference in meaning between the Danish language original version and any translation thereof, the Danish language original version shall be applicable.

NEWS
Whistleblowing

Danish private sector undertakings with more than 249 employees are required to have adequate whistleblower protection measures in place no later than December 17, 2021.

December 17, 2023 onwards the requirements are extended to include undertakings with 50 to 249 employees.

The Danish bill in question implements the EU Directive 2019/1937, also known as the whistleblower directive. The bill pertains not only to whistleblowing on EU law breaches, but generally on "serious violations of the law or other serious offences".

UNIVERSADVOKATER will be happy to assist corporate clients with having all protective measures required in place, timely and adequately, in Denmark only or cross-border.

Please contact Ruth Caddock Hansen.

Dispute Resolution

At UNIVERSADVOKATER we work to prevent and resolve many different types of disputes though pragmatic and strategic legal advice that focuses on our clients’ objectives.

We offer a wide range of dispute resolution services and are experienced in assisting our clients with negotiations, mediations, arbitration, litigation, and multi-party proceedings as well as appellate proceedings in many different areas of the law, such as commercial property disputes, construction disputes, corporate & shareholder disputes, debt recovery, employment disputes (including claims of discrimination), intellectual property disputes and IT disputes.

We represent clients in regulatory inquiries and enforcement proceedings as well as related civil disputes and litigation. We are also experienced in advising clients on the wider risk and public relations issues that are often involved in commercial disputes.

Privacy and information security


We advise clients operating across a broad range of sectors including tourism, technology, energy, construction, commercial real estate and entertainment services on the whole spectrum of legal and regulatory issues related to data protection, information security and privacy.

Our team can advise and support you with:

  • Drafting data protection policies, including incident response policies.
  • Navigating the restrictions on collection and use of consumer information.
  • Consumer engagement activities such as marketing and advertising
  • Training on how to handle a data breach, and assistance with actual data incidents and breaches.
  • Regulatory compliance advice including compliance assessment and remediation.

Employment and Human Resources

Whatever the size of your business it is more than likely that you will encounter HR related challenges along the way and will appreciate commercially focused advice and sparring on how best to tackle them.

We can provide you with pragmatic, business-oriented advice and assist with all manner of employment law related queries, such as:

  • Contracts including employment contracts, director contracts and consultancy agreements
  • Employee incentives
  • Change management including workforce reduction, collective redundancies, changes to existing terms and conditions and exit negotiations for senior employees
  • Diversity and equality issues
  • Confidentiality issues including restrictive covenants and business protection
  • Sick leave issues including assistance with the Danish 120 day rule
  • Working environment rules and requirements
  • International recruitment including posting workers internationally and hiring foreign workers into Denmark
  • Discrimination cases
  • Dismissals

Intellectual property

Creating and protecting the intellectual property of your business is often fundamental to creating and protecting your competitive edge. We advise businesses of all shapes and sizes about their intellectual property, and we take care to tailor our thinking and assistance to each particular business and each particular challenge.

Our team can advise and support you with:

  • Strategies for IP protection
  • Intellectual property registrations
  • Marketing law
  • Competition law
  • Protecting trade secrets
  • Domain name issues
  • Intellectual Property disputes
  • Negotiating and drafting agreements, such as licence agreements, transfer agreements, joint venture agreements, distribution agreements and IT contracts.

German formalities for contracts and other documents

When dealing with a partner from a different country, it is always a good idea to keep in mind that there may be specific formal requirements that must be complied with in the country where your partner is established.

This applies when a Danish company does business with a German partner. For example, when entering into a contract with a German partner it is important to note that not every form of contract is legally binding in Germany.

Section 126 of the German Civil Code states that if the written form is prescribed by an applicable law, the physical document must be signed by the issuer himself with a wet signature.

Conversely, this means that the written form can be replaced by the electronic form if the law does not state otherwise.

Its also worth noting that invoices, orders, cancellations and direct debit authorizations can be received digitally in Germany.

Contact Ruth Caddock Hansen at rch@universadvokater.dk if you would like assistance with your international contracts.

New Vertical Agreements Block Exemption Regulation

The European Commission adopted a new Vertical Agreements Block Exemption Regulation and new Guidelines on 10 May 2022.

The new rules aim to help businesses assess the compatibility of their supply and distribution agreements with EU competition rules in a business environment that has been reshaped by the growth of e-commerce and online sales. The revised Regulation and new Guidelines entered into force on 1 June 2022.

Vertical agreements are agreements between two or more businesses operating at different levels of the production or distribution chain and relate to the conditions under which the parties to the agreement may purchase, sell or resell certain goods or services.

EU competition law generally prohibits agreements between businesses active at different levels in the economic supply chain that restrict competition. However, the Vertical Agreements Block Exemption Regulation exempts vertical agreements that meet certain conditions from that prohibition and creates a so-called safe harbour for those agreements. The new Guidelines provide guidance on how to interpret and apply the new rules.

Contact Ruth Caddock Hansen if you would like legal assistance with your businesss supply and distribution agreements.

Can foreigners buy a holiday home in Denmark?

Not usually is the short answer!

As a general rule, it is not possible for foreigners to buy a holiday home in Denmark, and this applies regardless of whether you are an EU-citizen or not.

However, special permission can be obtained from the Ministry of Justice if the applicant has a particularly strong affiliation with Denmark. When assessing the applicants affiliation with Denmark, the Ministry of Justice will look at any prior periods of residence in Denmark, and any special family, business, cultural or economic connection to Denmark, as well as any special connection that the applicant has to the property that they wish to acquire.

Contact Ruth Caddock Hansen who will be happy to advise you if you are considering buying a holiday home in Denmark.

Can foreigners buy a houseboat in Denmark?

Whilst several restrictions apply to foreigners' purchases of real estate (including holiday homes) in Denmark, the same restrictions do not apply to the purchase of houseboats.

As a general rule, EU citizens are able to buy a houseboat in Denmark and use it as a holiday home. However, as always when buying a home, there are many factors that should be investigated before signing the purchase agreement.

We advise you to reserve the right to consult a Danish lawyer before finalising a purchase agreement (tage advokatforbehold).

Contact Ruth Caddock Hansen who will be happy to advise you if you are looking to buy a houseboat in Denmark.

Modtag en e-mail, når der er nyt på siden:
Ruth Caddock Hansen
Advokat (Attorney, Denmark) and solicitor (England og Wales), partner
Jørgen Pedersen
Advokat (H), partner (Attorney)
Gitte Nedergaard
Advokat (H), partner (Attorney)
David Kjær Hermansen
Advokat (Attorney)
Andreas Peter Olesen
Advokat (Attorney)
Inka Schlichting
Legal trainee
Sofie Thøgersen
Advokatfuldmægtig
Alvin Lee Kuiper
IT-supporter
Puk Jespersen
Sekretær
Gitte Meyer
Secretary
Lærke Maria Mark Jensen
Advokatstuderende (stud.jur.)
Alexander Gyldenløve Sørensen
Advokatstuderende (stud.jur.)
Niclas Vito Böttcher Neigaard
Advokatstuderende (stud.jur.)
Pia Bidstrup
Chief accountant
Heidi Larsen
Receptionist
Trinh Nguyen
Secretary
Mogens Tougaard
Sales manager
Leo Larsen
Sales manager
Dudal Webdesign