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| e-mark guidelines |
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To ensure the value of the e-mark as a symbol of good and ethical business practice, a strict set of guidelines, to which each company bearing the mark must adhere, has been established.
The guidelines have been drafted based upon: - Legal requirements
- Special regulations concerning correct and ethical business conduct on the Internet
The guidelines are based upon relevant marketing, e-commerce, consumer advocacy, personal information, purchase and special industry laws and regulations.
The special regulations, in addition to requirements mandated by law, concern personal information, complaints, agreements, advertising and competitions.
For a full set of guidelines in English please e-mail post@e-handelsfonden.dk
Special e-mark regulations:
Electronic advertising
Regulation
Unsolicited advertising (e.g. e-newsletters) may not be sent to a customer’s e-mail address without their express consent, even if the customer has previously made purchases at the web shop.
Customer consent must be consciously and actively given in the form of an opt-in solution, whereby the customer indicates consent to receive electronic advertising material by marking “yes” in a tick-off box.
Why?
This prohibits spamming and enables the company to demonstrate compliance with § 6 of the Danish marketing law regarding unsolicited contact via e-mail.
Competitions
Regulation
A company may not hold a competition in which participation requires subscription to an e-newsletter.
Why?
The e-commerce Foundation does not wish to be associated with SPAM. This guarantees that permission obtained from consumers to receive e-newsletters are motivated by personal interest rather than the opportunity to win a prize. It also encourages businesses to maintain good marketing practices and to follow guidelines established by the Consumer Ombudsman.
Payment
Regulation
No prepayment.
Prepayment by account transfer, check or giro is not permitted, unless the sale is to businesses or private individuals living abroad.
Payment for goods must be made through safe and properly encrypted channels. Payments made via credit or debit cards (e.g. Mastercard, Visa, or Dancard), or as cash on delivery, are acceptable.
Prepayment is only authorized if the customer’s financial institution, or agent mediating the payment, bears the risk for any loss of fees or charges in the case of non-delivery of goods, whatever the reason.
Why?
This regulation is strictly for customer protection. Payment by any of the authorized forms protects online consumers from financial loss in the case of non-delivery of goods. This enables them to shop online with confidence.
Active acceptance of all terms and conditions
Regulation
When entering an online purchase agreement, the customer must first actively accept all terms and conditions of the sale, and the acceptance must be clearly given. The customer must also have the opportunity to view all of the conditions of the sale online prior to purchase. Customer acceptance of terms and conditions may be given by marking “accept” in a tick-off box next to a link to the terms and conditions.
Why?
Acceptance is an important function of the purchase agreement process. By demonstrating customer accept of the terms and conditions, the net merchant is better able to prove that the customer understood the terms and conditions of the sale. This protects both the customer and the net merchant.
Personal data collection
Regulation
Net merchants are required to inform their customers about how personal data collected during a web shop visit will be used. This includes data registered in a log file and the use of cookies. If cookies are used, the net merchant is also required to explain how they can be deleted from the customer’s computer.
- Information must be given about whether or not stored personal data is encrypted and how this is done.
- Information must also be given as to whether or not personal data is transmitted in encrypted form.
Why?
This information gives the customer relevant technical insight into the web shop’s security profile.
Complaints
Regulation
Information must be given concerning service after a sale. This includes the right of a customer to lodge a complaint for up to two years after purchase as stipulated by the Danish purchase law (the purchase law does not in and of itself contain a requirement to inform).
Why?
This ensures that the customer knows his or her rights according to the law. It also ensures that guarantees issued by net merchants satisfy the minimum legal requirement.
Order confirmation
Regulation
The order confirmation received by the customer must be sent via e-mail and contain information concerning the right to cancel and complain. According to the law, the customer may receive this information at the same time as the delivery of the goods or services.
Why?
This regulation protects both the customer and the net merchant. If the order confirmation lists all purchases, as well as the terms and conditions of sale, and if the net merchant has a log file of the e-mails sent, it is presumed that the net merchant can prove that the customer has actively accepted the terms and conditions of the sale. If the requirements of this regulation are not fulfilled by the net merchant, the customer has the right to return for up to three months.
The order confirmation also enables the customer to see what options are available if he or she wishes to cancel the purchase or complain. This also demonstrates the legitimacy of the transaction.
Company Information
Regulation
The year in which the net merchant started trading online must be clearly stated on the web shop.
Why?
The amount of time during which a net shop has been operative can be an indication of stability and increase consumer confidence.
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