New guidelines for price marketing
The Danish Consumer Ombudsman has published revised guidelines on price marketing The new guidelines will enter into force on 28 May 2022.
The Danish Consumer Ombudsman has published revised guidelines on price marketing The revision is based on a new provision in section 9a of the Danish price indication order, which you can read more about here [in Danish].
The most significant revisions to the guidelines are the following:
- The normal price period is changed to 30 days (compared to the previous six weeks) - When a product is put on offer, the product must have been offered at its normal price for at least 30 days before an offer can be compared to the previous price.
- The period of the offer is changed to ten days (compared to the previous 14 days) - Products which have had a normal price for a period of 30 days can be marketed at a reduced price for 10 days.
- Short-period campaigns are no longer subject to special exemptions - It will not be possible to perform short-period campaigns of up to three days without interrupting the 30-day period during which the product must have been on sale at the normal price. If a price has not been applicable for at least 30 days prior to an offer, such price cannot be used as a normal price when an offer is marketed.
- The normal price of a product must be indicated - In future, all information about price reductions which include a comparison with the previous price of the product must indicate the regular price of such product, i.e. the lowest price of a product during the last 30 days.
- Special rules for products which are likely deteriorate or become obsolete rapidly - Special rules are introduced for products that are likely to deteriorate or become obsolete rapidly, for example fresh food, beverages having a short expiration date and cut flowers. As far as such products are concerned, they must have been offered at their normal price for at least 14 days before an offer can be compared with this price, and the product may be marketed at a lower price for five days when it has been offered at the normal price for a period of 14 days.
- Special rules for basic commodities and seasonal goods do not apply any more - Under the previous guidelines a shorter normal price period of four weeks and a shorter offer period of one week applied with respect to basic conveniences and seasonal goods. Now, only the above provisions apply to goods which are liable to deteriorate or become obsolete rapidly.
- Progressive price reductions - Where an offer price is increased progressively in a continuous marketing campaign, the normal price is considered to be the price that applied before the first price reduction.
- A product must not be described as "free" or "free of charge" if consumers pay with their data and it is not clearly indicated - This now appears clearly from the guidelines and applies, unless it is clear from the marketing that the trader collects personal data about the consumer and how such data will be used.