Cold Calling Laws in Denmark

Which laws cover cold calling in Denmark?

• The Consumer Contracts Act (forbrugeraftaleloven), whose section 4 bans unsolicited sales calls to consumers.
• The Marketing Practices Act (markedsføringsloven), whose section 10(4) bans marketing calls to a person who has objected or is on the Robinson list.
• The CVR Act, whose section 19 lets companies register advertising protection in the Central Business Register.
• GDPR, which covers the names and numbers on your call list.

Is B2B cold calling legal in Denmark?

Yes. The Consumer Ombudsman's overview of the telephone sales rules says that phone sales to other businesses are lawful as a starting point, even without prior consent. Its examples are calls to an A/S and an ApS. The consumer ban in section 4 of the Consumer Contracts Act doesn't apply to them.

Sole traders and the Robinson list

Section 10(4) of the Marketing Practices Act bans direct marketing calls to a particular person who has objected to your company, who is on the Robinson list (the list of people who have opted out, which the CPR register compiles every quarter), or who you know from a CPR search has opted out.

The Consumer Ombudsman says this covers sole traders too: you can't call one whose business runs from an address on the Robinson list, or one who has told you not to call. So check every sole trader against the list before calling. You can always call one who has agreed to be called.

Advertising protection in the CVR register

Companies can register advertising protection (reklamebeskyttelse) in the Central Business Register (CVR). The contact details a protected company has registered in CVR, such as its phone number, then can't be used for direct marketing, including calls. Breaches committed on purpose or through gross negligence can be fined.

The rule is about using CVR data, so don't build call lists from CVR for companies marked as protected.

Calling consumers in Denmark

Section 4 of the Consumer Contracts Act bans calling a consumer to sell them something unless they asked for the call first, and their request must be express and unambiguous. The ban applies whether or not the consumer is on the Robinson list.

The exceptions are calls about ordering books, newspaper and magazine subscriptions, insurance brokering, and subscriptions for rescue services or medical transport. Even these calls aren't allowed to someone who is on the Robinson list or has objected.

Fines for breaking the rules

Breaking the consumer ban can be fined under section 34(3) of the Consumer Contracts Act, and breaking the Robinson list rule under section 37(3) of the Marketing Practices Act. Companies can be fined as well as individuals.

Before you call Danish businesses: a checklist

• Call companies such as an A/S or ApS about their business.
• Check every sole trader against the Robinson list before calling, and skip anyone who has objected.
• Don't use CVR contact details for companies marked as advertising-protected.
• Don't make sales calls to consumers unless they've asked you to call.
• Keep your own opt-out list, and stop calling anyone who asks.

Can you call a lead in Denmark who asked you to?

Allowed if they asked for the call · No time limit set

• The ban on sales calls to consumers applies to calls they didn't ask for. Their request must be express and unambiguous.
• A sole trader on the Robinson list can always be called if they agreed to be called.

Source: Danish Consumer Ombudsman: Overview of the telephone sales rules (Danish, PDF) · Consumer Contracts Act, section 4 (Danish) · Do not call exemptions by country