Marketing, e-commerce & payment services

Experience and expertise within marketing, e-commerce and payment services

In a reality in which the large assets are increasingly based on rights, digital services and other content, there is also an increasing need for advice. The law may act as a drag on new initiatives, and it is important to seek legal advice at an early stage of all processes to ensure consistent compliance.

Horten's team is familiar with the various pitfalls and has many years' experience advising within the legal areas of expertise relating to the areas marketing, e-commerce and payment services. We are experts in rights-based legislation, including the legislation on copyright, personal data, trademarks and foods, all closely related to marketing law. In addition, we have a strong IT team with seven certified IT lawyers assisting in the digital area. The broadness of our expertise is unique, and with a well-founded base in traditional marketing law and intellectual property law, our clients are ensured the best conditions for a positive result.

We are familiar with the various platforms and marketing methods. We know the pitfalls and possibilities, and we know what our clients talk about when presenting a new problem to us. Through our commitment to the relevant industry associations, both on a national and international level, we ensure that we speak the same language as our clients throughout the advisory cycle.

Our experience is based on a broad client base in Denmark and abroad as well as close contact with both relevant authorities and industry associations. We have a broad and strong international network and wide experience coordinating and clearing international campaigns.

Marketing
Horten's team has many years' experience within all aspects of marketing law - from issues relating to the legality of advertising campaigns to litigation regarding infringement. We often advise prior to the launch of new products/services to prevent to the widest possible extent that our clients come under the spotlight of the Consumer Ombudsman, and we have wide experience handling the situation if this has already occurred.

Our clients are companies in the role as online and offline advertisers, e-commerce companies and production companies. Our clients also include advertising agencies, media agencies, media and consultants in the creative world. We advise both Danish and foreign companies with marketing activities in Denmark.

We assist with:
- Legal reviews of marketing campaigns
- Drafting of prescription drug warning labels
- Marketing of health services
- The rules governing unsolicited marketing - spam
- Green marketing
- Price marketing
- Marketing aimed at children and adolescents
- Comparative advertising
- All forms of promotional measures (including price competitions, discount vouchers, advertisement gifts, etc.)
- User-generated content (especially relevant on Facebook, Instagram and other social media)
- Product imitation disputes
- Drafting, negotiating and interpreting contracts
- Litigation and assistance in other disputes
Contacts:
Jens Jakob Bugge
Anders Valentin
Ole Damsbo
E-commerce
Horten's is specialised in e-commerce advice. We are pioneers in the area and have been deeply committed to cooperating with industries and associations since e-commerce started to take form. E-commerce is closely related to marketing law, personal data law and IT law. In these areas as well, Horten has wide experience and expertise, and our experts ensure an integrated solution to the matter at hand.

Our clients include all types of Danish and foreign companies having a website and thereby being subject to e-commerce legislation. We often represent financial institutions, e-commerce companies, food companies, deal sites, gaming companies, IT companies and media.

We assist with:
- Checks of legal compliance of websites
- Drafting and reviewing privacy policies, cookie policies (including obtaining consent, if necessary), terms & conditions, etc.
- Conducting cases before the Consumer Ombudsman and other authorities, including the Danish Business Authority
- Drafting, negotiating and interpreting contracts
- Litigation and assistance in other disputes
Payment services

Payment services are a very complex and heavily regulated area. It is often difficult to draw the demarcation line between payment substitutes and the various categories of payment services, and it is not less complicated by the fact that the areas are enforced by different authorities.

Horten has wide experience advising on payment services, including drawing the demarcation line between the various services, applying for relevant permits/licences and drafting the required documents, including terms of use, etc.