Denmark
Status of the current legislative process
The Danish Act that implements the EmpCo directive was adopted on 25 May 2025 and enters into force on 27 September 2026.
Denmark implements the EmpCo Directive through amendments to three Danish Acts: the Danish Marketing Act (DMA), the Danish Act on Consumer Complaints, and the Danish Act on Consumer Contracts. The amendments to the Danish Consumer Complaints Act entered into force on 1 July 2025.
Link to the draft (if available)
Does the implementation go beyond EmpCo requirements?
No
Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?
No
Will the national implementation be applied in a Business-To-Business (B2B) context?
Partially yes.
Denmark implements the EmpCo Directive through amendments to three Danish Acts: the Danish Marketing Act (DMA), the Danish Act on Consumer Complaints, and the Danish Act on Consumer Contracts.
Two of these acts—the Consumer Complaints Act and Consumer Contracts Act—apply exclusively to consumer relationships and therefore do not affect B2B transactions.
The Danish Marketing Act (the DMA) applies to both B2C and B2B relationships, since the law also implements the Directive on Misleading and Comparative Advertising between traders (cf. preparatory legislative work and Report from the Committee on the Marketing Act July 2016, p. 173).
Section 3 of the DMA outlines the general clause on good marketing practice applies to both B2C and B2B relationships.
Section 20 of the Act specifically regulates misleading commercial practices B2B and includes green claims. This section is an implementation of article 3 in the Directive on Misleading and Comparative Advertising, however the section extends beyond the scope of Article 3, as it encompasses not just advertising, but all aspects of commercial practices.
Section 9 that refers to the blacklist does not explicitly indicate whether it applies in both B2C and B2B relationships. However, Denmark is likely to consider the interpretation of other member states when interpreting the content of the blacklist.
Impact: B2B clients must comply with the general current provisions outlined above that apply to B2B marketing, including to the extent that they will now be affected by the new definitions and provisions in the EmpCo Directive.
Is there a green claims guide/guidance in your country?
Virksomheders miljømarkedsføring Forbrugerombudsmandens anbefalinger
What are the sanctions and penalties?
No new sanctions are introduced. Therefore, for the provisions affected by the EmpCo Directive, the current sanctions apply.
Under the Danish Act on Consumer Contracts the usual sanction is fines. Fines are based on the severity of the violation and the business's annual turnover.
Under the DMA Infringements of appendix 1 (the blacklist) can be punished by imprisonment up to 4 months unless a higher penalty is warranted under Section 279 of the Criminal Code or other legislation.
Does the national implementation answer the following questions:
(1) whether sustainability labels can take the form of text;
(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance;
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.
(i) The Danish Act implements the Directive's definition of sustainability labels in full. Neither the Danish Act nor the preparatory works explicitly address whether sustainability labels can consist solely of text. Since the wording does not exclude this possibility, text-based sustainability labels could in principle be covered. However, we will need to await decisions from the COB or Danish courts for certainty.
(ii) The Danish Act fully implements the new prohibition in Appendix I (the blacklist). Generic claims such as "sustainable" will thus be banned unless the company can document excellent environmental performance relevant to the claim.
(iii) The Danish Act fully implements the new prohibition in Appendix I (the blacklist). GHG impact claims based on GHG offsets are banned regardless of the percentage of reduction achieved through offsets.
