Encouraging tagging on SoMe is prohibited in Denmark

In a new announcement, the Consumer Ombudsman reiterates the spam ban outlined in the Marketing Act. Read on to learn more about the new rules.

What is the spam ban?

The Marketing Act prohibits companies from advertising by sending emails, text messages, or other electronic messages to recipients without obtaining their consent beforehand. This is commonly known as the “spam ban.”

Tag requirements are prohibited

It has previously been determined that competitions on social media requiring participants to tag others violate the spam ban. The notification received by the person tagged is considered spam, as it constitutes electronic marketing from the company that the tagged person did not consent to receive.

Encouraging tagging is also prohibited

On August 20, 2024, the Consumer Ombudsman ruled that phrases encouraging participants to tag others in any form also violate the spam ban under the Marketing Act.

This means that phrases like “Tell us in the comments who you think should also have a chance to win” or “Comment below with whom you’d like to share the prize” may violate the spam ban. This applies even if participants can simply submit a comment containing a name without tagging someone. This is because it is likely that participants will end up tagging others.

The Consumer Ombudsman recommends that companies that use phrases like the ones above clarify that participants are not allowed to tag others in connection with the competition. This can help reduce the risk of spam.

IUNO’s opinion

The ruling shows that companies can inadvertently breach the spam ban when their encouragement to comment on social media competitions could be interpreted as an invitation to tag other users.

IUNO recommends that companies review their policies for social media competitions and ensure they have clear guidelines for phrasing competition-related posts.

[Consumer Ombudsman’s ruling in case 24/08906 of August 20, 2024, and press release of August 22, 2024]​