DENMARK Law and Practice Contributed by: Nina Henningsen, Mazanti-Andersen
communication to a consumer that is directly related to the promotion, sale or supply of a product. 9.3 Key Legal, Regulatory and Licensing Provisions The provision of gambling in Denmark is subject to general rules on marketing in the Danish Marketing Practices Act, which supplements the marketing pro- visions in the Gambling Act. The marketing and advertisement of bonuses (eg, a sign-up bonus) are regulated by the executive orders on the provision of both land-based and online bet- ting, and on the provision of online casinos. 9.4 Restrictions on Advertising According to the Danish Gambling Act, all marketing of gambling must: • present the odds of winning in a correct and bal- anced way so that the impression is not given that the chance of winning is greater than it actually is; • present gambling as entertainment; • not be targeted at children or persons under 18 in relation to the design of the communication or the choice of media used; • not use well-known persons to suggest, contrary to the truth, that participation in gambling has con- tributed to the person’s success; and • not have any content that gives the impression that participation in gambling offers a solution to finan- cial problems or gives the player social accept- ance. When marketing a bonus offer, all conditions must be disclosed in a clear and unambiguous manner within the immediate context of the bonus offer. However, depending on the media type, a referral to another medium for additional information concerning the offer can generally be accepted in the form of “one click away”. Bonuses may not be offered to individual players on conditions that differ from the conditions offered to other players. The player will have at least 60 days to meet any conditions associated with the payment of a bonus. It is a requirement under the Danish regulation that the website (and all communication with the players)
be available in Danish and the gambling duty is cal- culated and payable in Danish kroner. However, the website can also be available in other languages and use other currencies. Gambling operators are required to state certain infor- mation in marketing material. When marketing games, information such as the age limit for participating in the game, the DGA’s hotline concerning responsi- ble gaming and the possibility of listing in the state- controlled ROFUS must all be stated. The gambling operator must also use the DGA’s labelling scheme in the marketing material. In addition, limits are set for deposits on gaming accounts or stakes in games to obtain promotional measures and to limit the number of promotional measures. There is also a limit to the number of re- wagering requirements. Winnings from promotional measures may not be subject to re-wagering require- ments. Furthermore, promotional measures must be granted on the same terms when given to individual players, and they must be given to all players playing within the same fixed interval or who meet another set criterion. The interval must be fixed so that the promotional measure is offered to a minimum of 100 players. Furthermore, consumer loan companies are prohib- ited from marketing consumer loans and consumer lending businesses in conjunction with advertise- ments for gambling and gambling operators. It is important to note that the companies to be charged are the consumer loan companies and the compa- nies that provide consumers with credit facilities in connection with gambling and gambling operators. The gambling operators themselves are not directly subject to these provisions. 9.5 Sanctions/Penalties Violations of advertising regulations in the Gambling Act may be sanctioned with fines.
154 CHAMBERS.COM
Powered by FlippingBook