Email Newsletters and Anti-Spam Rules: What the Danish Marketing Practices Act Requires

Do you send newsletters to customers or prospects? If so, you are subject to the Danish Marketing Practices Act's rules on electronic communications - and the consequences of breaking them can be costly. Here is a practical overview of what the law actually requires and how to make sure your email marketing is compliant.

What Does the Danish Marketing Practices Act Say About Newsletters?

The Danish Marketing Practices Act (Consolidated Act No. 426 of 2017, as amended) prohibits sending commercial messages to individuals and legal entities via electronic channels - including email - without prior consent. The rule applies regardless of whether the recipient is a private consumer or a business.

The core principle is opt-in: you may not send until you have been given permission. Implied consent or a pre-ticked box is not sufficient. Consent must be active, specific, and freely given.

The rules are enforced by the Danish Consumer Ombudsman, who has the authority to issue fines and refer violations to the police. Fines can run into tens of thousands of kroner - and in serious cases, even more.

Who Do the Rules Apply To?

The rules apply to anyone who sends commercial electronic messages to recipients in Denmark - regardless of the size of the business. This means a sole trader with a newsletter list of 50 people is subject to the same fundamental requirements as a large e-commerce store with 500,000 subscribers.

The rules also extend beyond classic newsletters. SMS campaigns, push notifications with commercial content, and direct messages via social media can all fall under the same provisions, depending on the circumstances.

What Is Required in Practice?

Valid Consent

The recipient must have actively signed up - typically by ticking an unchecked box and clicking a confirmation button (double opt-in is not a legal requirement, but is recommended as documentation). Consent must be:

• Specific: The recipient must know what they are signing up for (what type of content, which sender).
• Freely given: It may not be a condition for purchasing a product or using a service.
• Informed: Who is sending? How often? What will it cover?

Clear Sender Identity

Every newsletter must clearly state who the sender is. An anonymous "Team" is not enough - the company name and contact details must be included.

Easy and Free Unsubscription

All commercial emails must contain a clear and functional unsubscribe link. The unsubscription must take effect promptly - in practice, within 10 working days at the latest, but the sooner the better. You may not require recipients to log in to unsubscribe.

Documentation of Consent

You must be able to prove that you have the recipient's consent if the Consumer Ombudsman asks. This involves retaining the time of sign-up, the IP address, and the specific consent basis. This is an area many businesses overlook, and it is where documentation problems arise in complaints cases.

The Existing Customer Exemption

There is an important exception: if you have sold a product or service to a customer, you may send marketing about similar products to that person's email address - without obtaining new consent. The conditions are that:

1. The address was collected in connection with the sale.
2. You only market your own similar products.
3. The customer had the opportunity to opt out of such messages (and did not do so).
4. There is a clear unsubscribe link in every message.

This exemption does not apply to contacts obtained through lead generation, list purchases, or competitions.

Practical Steps to Get Compliant

• Review your current list: Can you document when and how each contact gave consent? Remove anyone you cannot account for.
• Update your sign-up form: Make sure the consent wording is precise and that the checkbox is not pre-ticked.
• Implement double opt-in: It is not a legal requirement, but it is the best form of documentation and reduces the risk of complaints.
• Check your unsubscribe links: Do they work? Do they lead to an actual unsubscription - and not merely a "we are processing your request" page?
• Create a data policy for email marketing: Describe what you store and for how long - this is also relevant in relation to GDPR.

Frequently Asked Questions

Can I send newsletters to a list I have purchased? No. Purchasing email lists is in practice always in breach of the Marketing Practices Act, because recipients have not given consent specifically to your business. Never use purchased lists for commercial mailings.

What happens if a complaint is filed with the Consumer Ombudsman? The Consumer Ombudsman can open a case, request an explanation, and issue a fine notice. In serious cases, the matter can be referred to the police. At a minimum, you will face an administrative burden and risk fines in the range of DKK 10,000-100,000 or more, depending on the scale of the violation.

Do the rules apply if I send from a foreign email platform? Yes. What matters is whether the recipients are located in Denmark and whether your business is established here - not which platform you use to send the messages.

Let Legiant Handle It for You

Staying up to date with the Marketing Practices Act, GDPR, and ongoing regulatory changes is time-consuming - and mistakes can be expensive. Legiant automatically monitors the compliance requirements relevant to your business and notifies you when something requires your attention. You no longer have to keep track of legislation and can focus on running your business instead. Try Legiant for free