What you need to know about competitions on SoMe
Competitions on social media are a popular marketing tool – but if not handled correctly, they can lead to legal issues. Here's an overview of the key pitfalls companies should be aware of when running competitions on social media platforms.
Competitions that encourage users to tag friends or share posts may breach the Danish Marketing Practices Act. According to the Consumer Ombudsman, such actions can constitute unsolicited marketing – in other words, spam – because marketing messages require prior consent. When users are tagged, the resulting notification may be considered an unlawful marketing communication.
How to comply with the rules for SoMe competitions
- No tagging or sharing requirements
Do not require participants to tag others or share content to enter. This is considered unsolicited marketing and violates the spam ban.
- Valid consent must be informed, specific, and voluntary
If you collect marketing consent through the competition, ensure participants know who is collecting it, what it will be used for, and that it can be withdrawn at any time.
- Active consent – no pre-ticked boxes
Make sure to use unticked checkboxes – pre-selected options are not valid consent.
- Provide clear and visible competition terms
Clearly state the competition period, the prize, and how the winner will be chosen and contacted.
- Always consider data protection and proper marketing practices
IUNO's opinion
Social media competitions can be highly effective, but many companies unknowingly breach key rules. Tagging or sharing requirements may violate the spam ban, and participation must not be conditional on providing marketing consent.
Competitions that encourage users to tag friends or share posts may breach the Danish Marketing Practices Act. According to the Consumer Ombudsman, such actions can constitute unsolicited marketing – in other words, spam – because marketing messages require prior consent. When users are tagged, the resulting notification may be considered an unlawful marketing communication.
How to comply with the rules for SoMe competitions
- No tagging or sharing requirements
Do not require participants to tag others or share content to enter. This is considered unsolicited marketing and violates the spam ban.
- Valid consent must be informed, specific, and voluntary
If you collect marketing consent through the competition, ensure participants know who is collecting it, what it will be used for, and that it can be withdrawn at any time.
- Active consent – no pre-ticked boxes
Make sure to use unticked checkboxes – pre-selected options are not valid consent.
- Provide clear and visible competition terms
Clearly state the competition period, the prize, and how the winner will be chosen and contacted.
- Always consider data protection and proper marketing practices
IUNO's opinion
Social media competitions can be highly effective, but many companies unknowingly breach key rules. Tagging or sharing requirements may violate the spam ban, and participation must not be conditional on providing marketing consent.
