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)