22 August 2014

New guidelines can affect the provision of Online Gambling in Denmark

The Danish Consumer Ombudsman has issued guidelines under the Danish Marketing Practices Act concerning payments in relation to distance contracts (e.g. contracts entered into over the Internet), which will take effect on 1 September 2014. These guidelines can affect the provision of Online Gambling in Denmark.

The guidelines impose requirements which make it relevant to examine the Terms & Conditions and the payment processes of Online Gambling providers with Licences in Denmark.

The Danish Gambling Authority is not going to issue any specific guidance as to how the new guidelines will affect holders of a Licence to provide Online Gambling in Denmark, since the Danish Marketing Practices Act – which is the legal basis for the guidelines – is subject to the jurisdiction of the Danish Consumer Ombudsman and not the Danish Gambling Authority. 

The guidelines are the Danish Consumer Ombudsman’s interpretation of how companies must act when dealing with payments in connection with distance contracts in order for them to be compliant with good marketing practice according to the Danish Marketing Practices Act. 
 
The guidelines – which are only available in Danish - most notably deal with the following subjects:

  • General information requirements for the company; 
  • Information requirements regarding the terms of payment (general terms, conditions for advance payments, and reservation of an amount on the consumer’s payment account / payment instrument);
  • Payments initiated by the company (terms concerning additional payment at a single purchase and concerning recurring payments initiated by the company);
  • Registration and re-use of credit card data for later purchases;
  • Consent to and authorization of the payment;
  • Order confirmation / receipt for the payment, and
  • Storage and use of payment information.

The Guidelines as well as an introduction to the guidelines from the Danish Consumer Ombudsman can be found here. (only available in Danish)

Gambling news from Denmark October 2017

17 October 2017

A brief update on current affairs on the Danish gambling market.

Green Tech Challenge 2017

27 September 2017

Horten supports the Green Tech Challenge with a team of advisors and a financial contribution. The Green Tech Challenge supports a number of selected Nordic tech companies with a strong sustainable agenda to optimise their businesses.

Compliance: E-leaning in competition law

20 September 2017

Horten now offers e-learning in competition law tailored to each company.

Exclusivity discounts: the Intel case, including record-high fine is remitted

20 September 2017

The European Court of Justice ruled that a dominant company's use of excklusivity discounts does not always constitue abuse of the company's dominant position.

ATP makes investment in Copenhagen Airports - tender offer expected

15 September 2017

Copenhagen Airports (Nasdaq Copenhagen listed; ticker: KBHL:DC), the operator of the largest airport in the Nordic Region, announced on September 13 that ATP together with Ontario Teachers' Pension Plan had agreed to purchase a stake in Copenhagen Airports bringing joint control over 57.7 per cent of all shares and votes.

Denmark accedes to the convention on jurisdiction

14 September 2017

On 30 May 2017, the Danish parliament adopted a bill stating that Denmark accedes to the Hague convention on jurisdiction of 30 June 2005 (the Convention on jurisdiction). The bill came into force on 1 July 2017.

The edtech company Labster announces Series A investment

7 September 2017

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

The Maritime and Commercial High Court states: Hästens' trademark infringed

18 August 2017

The Maritime and Commercial High Court has ruled that Hästens Sängar AB’s blue check pattern is a (well-known) trademark in Denmark. The manufacturer Nordicform AS, Magasin and a number of other distributors have thereby infringed Hästens’ trademark rights and violated the Danish Marketing Practices Act by selling bedclothes with the blue check pattern, and they must pay compensation.

New partner at Horten

15 August 2017

Horten Law Firm has admitted Christian Gregersen as equity partner.

The world’s largest e-sports tournament is coming to Denmark

14 August 2017

In December 2017 and for the next two years, Arena Fyn in Odense will host the finals of the world’s largest e-sports tournament - ESL Pro League - in the computer game Counter Strike. Horten has assisted Odense municipality in connection with the legal framework of the tournament.

Google - an overview of the summer’s EU case against the internet giant

27 July 2017

In June 2017, the European Commission ruled in the first of three pending cases against Google and ordered Google to pay a record-high fine of EUR 2.42 billion for abuse of its dominant position. According to the European Commission, Google favoured Google Shopping in its search engine.

New oil and gas strategy for the North Sea

4 July 2017

A new oil and gas strategy has been set out for the Danish part of the North Sea. The strategy was prepared in cooperation between the industry, the DEA and GEUS to ensure optimal exploitation of the Danish resources.

White Paper concerning the data protection regulation has arrived

29 May 2017

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Final sale of LM Wind Power to General Electric

1 May 2017

The actual takeover of LM Wind Power took place on 20 April 2017 following the competition authorities' approval in the EU, USA, China and Brazil.

Honors to M&A partner Lise Lotte Hjerrild

25 April 2017

Partner Lise Lotte Hjerrild is appointed to the Steering Group of the International M&A and Joint Venture Committee of the American Bar Association and Women in Law Awards 2017.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Gambling news - April 2017

1 April 2017

This is a brief update on current affairs at the Danish gambling market. This update addresses the status on the new Danish Anti Money Laundering Act and update on the Swedish liberalization.

Comparative markets - supermarkets and hypermarkets

9 March 2017

The CJEU recently issued its ruling in case C-562/15 on comparative advertising comparing prizes between shops of different sizes and formats.

Four new specialised attorneys at Horten

7 March 2017

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

Gambling news - March 2017

1 March 2017

This is a brief update on current affairs on the Danish gambling market.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

Data protection officer – who, when, what?

12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

Gambling news - December 2016

1 December 2016

This is a brief update on current affairs on the Danish gambling market.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

New Advisory Board is to advise the government on a circular economy

2 November 2016

The government has set up an Advisory Board consisting of Danish business executives, who are going to advise the government on a circular economy thereby increasing enterprises' earning opportunities, promoting a more efficient utilisation of resources and minimising the environmental impact. The new measure was presented by the Minister of the Environment and Food, Esben Lunde Larsen, and the Minister of Business and Growth, Troels Lund Poulsen.

Dynamic IP addresses may constitute personal data

19 October 2016

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

Aid to the Eurovision Song Contest was not illegal under municipal and state aid law

14 October 2016

On 12 October 2016, the Ministry of Social Affairs and the Interior concluded in a statement that the aid provided through Projektselskabet by the City of Copenhagen and the Capital Region of Denmark to the Eurovision Song Contest in 2014 was legal.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

Horten on two committees at the Confederation of Danish Industry, DI

3 October 2016

DI has re-appointed Søren Hornbæk Svendsen as member of the Energy and Climate Policy Committee and Nina Henningsen as member of the Media Policy Committee.

Internet media under pressure because of new EU ruling

15 September 2016

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

Circle K wins over OK in legal action concerning a new logo - Horten assisted Circle K

25 August 2016

Horten has assisted Circle K in a legal action against OK. OK claimed that Circle K's new logo infringed the company's trademark rights to OK and was therefore contrary to the Trademark Act.

Horten advises Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg

7 July 2016

Horten has advised Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg from NCC (contractor) to Carlsberg Byen (owner) and from Carlsberg Byen to University College UCC.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

Eckes-Granini acquires Rynkeby Foods A/S

19 May 2016

German-based Eckes-Granini Group GmbH (‘Eckes-Granini’), the leading producer of branded fruit-based beverages in Europe, has on 18 May 2010 acquired Rynkeby Foods A/S.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

New association: The Danish association for marketing law

13 April 2016

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

International women lawyers discuss the future of the legal profession

6 April 2016

Horten participates when 150 lawyers from all over the world meet in Berlin on 7-8 April under the headline "Law in a changing world – how women can contribute to innovation of the legal profession".

Gambling news - April 2016

1 April 2016

This is a brief update on current affairs at the Danish gambling market.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

Publication of draft Privacy Shield between the EU and the USA

8 March 2016

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

Gambling news - March 2016

1 March 2016

This is a brief update on current affairs at the Danish gambling market.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New practice on diminished value in online purchasing

13 January 2016

A failure to state the cancellation terms entitles the consumer to a full refund if the purchase is cancelled within 14 days.