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Improve your knowledge of legislation governing online exporting

There are a number of laws and directives your company needs to be aware of if it wishes to export online. The Trade Council’s advisers help your company understand these regulations.

Danish legislation on e-commerce applies to companies exporting online and to companies having a physical address in Denmark. However, it is important to be aware that there may be divergences. Therefore, we recommend that companies should examine the governing regulations carefully before embarking on an online export adventure.

Below are the EU directives that are particularly important:

The Consumer Rights Directive
The Danish Consumer Contracts Act builds on the Consumer Rights Directive, which regulates the information that the consumer must have before and after a sale as well as the rules governing the right of withdrawal.

Click here to find a guide (in Danish) on consumer rights in connection with distance sales of goods within the EU.

At European Consumer Centre Denmark, your company can find out the rules (in Danish) governing right of withdrawal in other EU Member States.

In addition, the European Commission has produced the Is it Fair guide, which provides an overview of governing regulations and practice in the EU aimed at protecting consumers against unfair trading practices.

The Consumer Sales Directive
The Consumer Sales Directive corresponds to the Danish Sales of Goods Act and regulates the definition of defects, minimum requirements to consumer rights and a limitation period of two years. Here, your company can see how to address the issue of manufacturer’s warranty.

The Directive on Unfair Terms in Consumer Contracts
This directive contains a list of unfair terms in consumer contracts. There are no common EU regulations that stipulate when an entered agreement is binding. The Danish Contracts Act is based on this directive.

EU legislation on consumer complaints (ADR/ODR)
The ADR (alternative dispute resolutions) Directive corresponds to the Danish Consumer Complaints Act and thus legislates on alternative dispute resolution when complaints are made in consumer matters within the Single Market.

In addition, an ODR (online dispute resolution) Regulation has been adopted and is used in the handling of complaints by European consumers. Your company can gain access to the platform here.

The E-Commerce Directive
The E-Commerce Directive specifies requirements on providing information about e-mail, Danish CVR (central business register) number, receipt notification and order confirmation in connection with online commerce. It corresponds to the Danish E-Commerce Act.

The Unfair Commercial Practices Directive
This directive relates to unfair commercial practices. It corresponds to the Danish Marketing Practices Act and deals with a number of common regulations in the Single Market within areas such as misleading advertising, advertising identification, invitations to purchase and credit agreements.

The Directive on Privacy and Electronic Communications (ePrivacy Directive)
These regulations are also known as privacy regulations and can vary from country to country. Several countries have strict rules on privacy.

In relation to cookies, some countries require explicit consent to be given, in which the consumer clicks “Yes” to the use of cookies. Similarly, spam rules also require consumers to give their prior consent to receiving e-mails and electronic messages.

Within the Single Market, the EU has adopted the ePrivacy Directive, which lays down rules on personal data, cookies and spam in connection with marketing and sale of goods and services. These items are incorporated in Danish legislation within the Danish Data Protection Act’s regulation.

Your company should be aware of the General Data Protection Regulation from 25 May 2015. The new regulations within personal data build on the existing regulation, but lay down stricter requirements.

The Danish Business Authority has developed an online tool – the Privacy Compass – which your company can use to gain an overview of its use of personal data, so as to ensure that it respects current personal data legislation whilst being ready to implement the forthcoming EU regulation.

would you like to know more about your company’s opportunities for e-commerce?

Contact us to hear more.