Gambling operators, who hold a licence to provide gambling in Denmark, can market themselves in accordance with the Act on Gambling. Furthermore, the marketing must be in accordance with the Danish Marketing Practices Act.
The Danish Act on Gambling
According to the Danish Act on Gambling, the marketing:
- Shall present the chance of winning in a correct and balanced manner that does not create an impression that the chance of winning is greater than it actually is
- Shall focus on gambling as a form of entertainment
- Shall neither in form of communication or choice of media, target children and young people under the age of 18
- Shall not by using well-known personalities, contrary to the truth, imply that participation in gambling has contributed to the their success
- Shall not have a content that conveys the impression that participation in gambling activities promote a solution to financial problems or the player’s social acceptance
The above follows from the Danish Act on Gambling, section 36, subsection 1, no. 1.5. It is emphasised that violation of the Danish Act on Gambling mey cause a fine.
About sales promoting arrangements
When a gambling operator offers sales promoting arrangements, the gambling operator must pay special attention to several provisions. For example, the value of a sales promoting arrangement cannot exceed DKK 1,000 and if a stake is required in connection with the offer the value of the sales promoting arrangement must equal the stake requirement 100 per cent.
When marketing a sales promoting arrangement, all terms and conditions must be provided in a clear and visible manner directly alongside the offer of the sales promoting arrangement. This means that a sales promoting arrangement must be presented and described in a loyal and balanced way in terms of advantages and disadvantages. All significant terms and conditions attached to the sales promoting arrangement must be disclosed at the first presentation of the offer – in special cases, they may be no more than one click away.
The guide is a supplement to the gambling legislation's chapters on sales promoting arrangements and is published in January 2020, as a consequence of the new executive orders.
Below are examples of terms and conditions that are always considered significant according to the Danish Gambling Authority’s assessment:
- That a sales promoting arrangement only applies to a limited group of consumers, e.g. new customers
- That there is a playthrough requirement, including an example or a link to an example
- That a minimum stake must be gambled to contribute to the fulfillment of the playthrough requirement
- That there is a deposit requirement
- That not all games contribute to the playthrough requirement
- That there is a time limit to fulfill the conditions attached to the sales promoting arrangement, for example that a playthrough requirement must be fulfilled within a period of 60 days
- That a maximum of X can be won for funds from the sales promoting arrangement
- That there is a maximum stake in the game, for example a stake limit of DKK 50 or 10 per cent of a bonus per stake in the game. If winnings can be confiscated when the limit is exceeded, this is also considered a significant condition.
If a playthrough requirement is attached to the sales promoting arrangement, it must not be more than 10 times – playthrough requirements cannot be attached to prizes won through a sales promoting arrangement.
A sales promoting arrangement must be offered to no less than 100 persons.
You can find more information about the rules in the Danish Gambling Authority’s guide on sales promoting arrangements.
Marketing aimed at self-excluded players
Gambling operators must take measures to avoid sending marketing material to players who have self-excluded from gambling temporarily or permanently. This is done by consulting the Danish Gambling Authority’s register of self-excluded players (ROFUS).
By marketing material is meant any type of commercial contact which the gambling operator aims at a player. Push messages and notifications are considered marketing material covered by the obligation to consult ROFUS prior to sending the material. The assessment of whether material is considered marketing depends, among other things, on the textual content and the method by which the recipients are selected.