CHANGES TO DANISH CONSUMER PROTECTION LAWS ON THE WAY
Important changes to the Danish consumer protection laws will take effect on 28th May 2022 and are of particular relevance for digital businesses and online marketplaces.
The changes are mostly an implementation of the New Deal for Consumers directive.
Once the changes take effect, the rules of the Danish Consumer Contracts Act and the consumer protection rules included in the Danish Purchase Act will explicitly apply to all digital services and all digital content, including when the consumer "pays" with his personal information instead of with money.
The changes introduce additional information obligations for businesses, including new obligations to provide information about personalized prices, for example when profiling is used to achieve the price.
The changes also introduce fines for violating large parts of the consumer protection rules and for the use of unfair contract terms in violation of the Contracts Act. As something new, there will also be maximum fines for so-called widespread infringements and infringements with an EU dimension.
There are also several amendments to the consumer protection laws that do not concern the implementation of the directive. Amongst other things, a new provision is to be inserted into the Consumer Contracts Act giving the consumer the right to terminate an agreement for the ongoing delivery of goods or services (eg. subscriptions) using the same media or technical platform that was used to enter into the agreement.
Please contact Ruth Caddock Hansen if you would like to discuss how the changes to the consumer protection laws will affect your business.