Denmark: New Law Enables Authorities to Take Stronger Actions Against Violations by Online Sellers
Denmark is about to enact a law that mandates stronger obligations than ever before on operators of online stores to comply with the legal requirements for products sold online. The law should take effect in July 2021. With this draft law (Danish only), Denmark is not only implementing the Regulation (EU) 2019/1020 on market surveillance and product conformity of June 2019, but also strengthening the law with national enforcement powers.
According to the law, regulatory agencies have authority to order the owners of Web site to change or remove content and to place a consumer advisory on the site. If the company does not comply with the order, agencies can petition the court to limit or block access to the site. They also have an option to involve the police and begin a criminal case.
In the future, the Environment Ministry will publish a list of products that do not comply with the law, including the names of manufacturers, importers, and sellers.
The law permits confiscation of products directly at the border. According to the Ministry, this approach should hinder the import of illegal biocide products, such as hand disinfectants, that has been increasing because of the pandemic.
In the past, inspections in the Scandinavian market have repeatedly found violations related to goods sold online. Most recently, a Norwegian environmental agency uncovered massive violations in Web shops.
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