The consumers ombudsman and the general clause
What is the consumer ombudsman?
An independent entity that ensures that the business is in compliance with the marketings practices law
Can a business raise their prices, just to lower them and advertise a discount?
No, the prices must have been valid for more than or equal to 6 weeks
What must businesses ensure about their adverts on social media?
They must be clearly identifiable as adverts.
What are the laws called, which protect the customers' personal data?
What are the Data Protection Act and the General Data Protection Regulation (GDPR)?
What must businesses comply with in their marketing?
They must comply with the principle of good marketing practices and good commercial practices.
Are good marketing practises rigid or flexible?
Flexible
Is there a difference in advertising for adults and children in regards to promotional awareness?
Yes, businesses must be always make sure that the consumer is aware they are being advertised to. The business must take extra precautions with regard to children to make sure they also know.
What basic information must businesses provide when marketing online?
Their name, address, email address, and company registration number.
Can you ask a company to delete personal data?
Yes, it is collected by the company with authorization of the individual. The individual can therefore remove it.
Who oversees that the businesses comply with good marketing practices?
The consumer ombudsman
What is a so called “Advance approval”?
Guidance by the ombudsman in regard to whether a campaign is legal
What is Comparative advertising and how shall it be done?
Comparing one businesses’ products with another’s. It must be done by comparing truthful facts
When is it allowed for a business to send promotional emails to a consumer?
When the consumer has explicitly given consent.
What does the Data Protection Agency monitor?
They monitor if companies are following the regulations and guidelines, and defines what is good data protection practice.
When is marketing considered misleading?
Marketing is considered misleading if it makes the customers make decisions on an incorrect basis.
In their marketing, what must the businesses show consideration for?
The consumers, the public and other businesses
Mention 3 words the business may use in regard to promotional language
Slashed price, Bargain price, Special promotion price
Clearance sale and bankruptcy sales
Factory sale, wholesale prices
Using the word "guarantee"
What must businesses pay special attention to when advertising on websites aimed at children?
They must ensure the advertising is transparent and clearly identifiable as marketing.
What is ordinary personal data? (Mention min. 5)
- Name, address, telephone number
- Gender, age, house ownership, car ownership
- Financial affairs
- Customer relationship
How must businesses NOT make contact with the consumer?
Businesses may not conduct unsolicited contact with a consumer via remote communication (e.g. text message, email, fax) without the consumer's consent.
What does the general clause in section 3, subsection 1 of the Marketing Practices Act say?
Trader shall exercise good marketing practices with reference to consumers, other traders and public interest.
Mention 3 aggressive trading strategies
If a consumer is made to believe that he cannot leave the room until a contract has been signed.
If a consumer receives unwanted visits from a salesman on his home address or receives unwanted calls, emails, text messages etc.
If an advert encourages children to buy a product or encourages children to convince their parents to buy a product.
If a consumer is told that if he does not buy a product, he risks losing his job or similar serious consequences.
If a consumer is given the impression that he has won a prize that does not exist, or that he will win a prize if he does something or pays an amount or in any other way pays a fee.
What can happen to a business with the e-trademark if it fails to meet its obligations?
It can lose the right to use the e-trademark.
Mention 3 strict personal information data?
Racial or ethnic background
Political, religious or philosophical beliefs
Memberships of trade-unions
Information on health and sexuality
Significant social issues
Internal family affairs
Criminal offences
Who must businesses not market directly to?
Businesses must not market directly to consumers who are registered on the Robinson list.