Compliance check in marketing

Avoid fines, complications, or to damage to your reputation with Lund Elmer Sandager's compliance check. We ensure that your marketing activities comply with all regulation and laws.

Build your own compliance check to match your company's needs.

Ensuring that your marketing complies with applicable legislation can be a complex task as regulation are constantly changing.

Compliance is about adhering to the law. A company that meets legal requirements is considered compliant. However, with new regulation continually emerging, it is crucial to regularly review and update your company’s marketing strategy to ensure that you are meeting all legal requirements.

We have organized our compliance check into various topics, allowing you to easily gain an overview and identify the marketing areas and activities that are relevant to your business needs.

Get a compliance check from LES

Get professional assistance in systematizing your marketing processes from our experienced attorneys specializing in marketing. We help you ensure that your marketing complies with regulations at all levels.

We offer a thorough compliance check of your marketing, allowing you to focus on reaching your customers without worrying about regulatory pitfalls. Our compliance checks cover various topics and areas tailored to your needs and activities.

Non-compliance can lead to significant negative consequences, including damaging publicity that undermines your reputation. By utilizing our compliance check and advisory services, you can effectively mitigate these risks and avoid legal repercussions such as sanctions, thereby safeguarding your business in both the short and long term.

How it works

Our compliance checks consist of various topics, all of which can be selected or deselected. This means you can opt for the complete package or only the relevant topics and areas that make sense for your business. The common factor is that everything is conducted at a pre-agreed price, allowing you to avoid unexpected surprises.

We recommend selecting the foundational topics and the areas that characterize your marketing field. Additionally, you should choose any additional topics that may be relevant for your company or clients.

All topics are designed for ongoing collaboration.

For each topic or area you choose, we conduct a thorough review of your company and its marketing related to that specific topic. We examine your processes and systematize the necessary data to ensure that your marketing complies with applicable rules and standards.

Each topic or area also includes tailored advice and support specific to the legal issue at hand, as well as handling any matters that require legal expertise. Litigation is not included in this arrangement.

You will receive status reports every six months that are suitable for management reporting, allowing you to adjust procedures and processes as necessary.

We set the price for your compliance check based on a flexible model that adapts to the specific needs of your business. This means you only pay for the areas where you seek legal advice and compliance checks. The price is agreed upon in advance, and since the collaboration is ongoing, you pay as a fixed semi-annual or annual subscription.

The price includes a thorough compliance check and continuous advice on your selected topics and areas. Additionally, we prepare status reports tailored for management reporting. These reports help your organization identify areas where you may need to adjust your procedures. If you require specific case handling, we charge according to standard hourly rates.

Foundational topics

The topics listed below are essential for achieving a fundamental understanding of and ensuring compliance with legislation and practices in marketing.

Within each topic, we conduct a thorough review of your company and its marketing, and based on that, we provide recommendations. We recommend that you choose all foundational topics, however, you also have the option to choose only those that are most relevant to your needs.

The Consumer Ombudsman is an authority that monitors and enforces marketing law and protects consumers' rights.

You will receive information on how the Consumer Ombudsman operates and how you can comply with their requirements. Additionally, we handle all negotiations and correspondence with the Consumer Ombudsman.

Furthermore, injunctions, fines, disputes, and complaint cases are potential consequences for businesses that violate the law, which may include compulsory orders, financial sanctions, and complaints from consumers.

If you choose this topic, we will manage any complaints and disputes efficiently and in compliance with legal standards.

Area topcis and activities

In addition to the foundational topics, we also offer five area topics. We recommend that you select the area topics that are relevant to your marketing field.

Direct marketing, such as communications via email, chat, SMS, and telemarketing to consumers, generally requires that you obtain proper consent from the recipients prior to reaching out, and that you provide them with clear information about the purpose of the communication. It is also important to ensure that there is an easy option to unsubscribe and that you comply with data protection regulations and privacy policies. Additionally, you should be mindful of avoiding spam.

Our compliance check in direct marketing systematize your data and assist you in implementing clear guidelines for spam, consents, and privacy. Furthermore, our compliance check ensure that your marketing activities adhere to the law, such as the guidelines provided by the Danish Data Protection Agency regarding your processing activities, including purpose descriptions, granularity, profiling, legal basis for processing, and documentation.

We also offer to ensure that your telemarketing staff do not violate regulations when contacting potential and existing customers. For instance, we assist in creating scripts for calls and review your existing scripts to ensure compliance.

When it comes to paid advertising, such as PPC ads, display ads, and social media ads, it is essential to ensure that your advertisements are not misleading and comply with all regulations regarding meta tags and keywords. It is also important to avoid hidden advertising and to properly label 'native ads.' Segmentation and profiling must be conducted in accordance with GDPR and should avoid discriminatory practices.

If you choose this area of focus, we provide you with tools and guidance for the proper use of paid advertising, ensuring that your campaigns comply with applicable rules for clarity and transparency. We systematize your processes for cookies and ensure that your business meets relevant GDPR requirements and does not violate marketing law, the Danish Data Protection Agency’s guidelines for direct marketing, or the E-Commerce Act. Additionally, we are experts in the policies of relevant media platforms, including Meta's Advertising Standards.

When working with influencer marketing and affiliate marketing, it is crucial to distinguish between advertising and editorial content, as well as to clearly label paid collaborations with influencers. It is important to ensure that all partnerships are presented transparently and comply with applicable marketing regulations. Additionally, you should be mindful of engaging correctly with your followers and ensure that contests, surveys, and other campaigns are conducted in accordance with the law and the platform's guidelines.

You will receive a thorough review of your activities, including guidance on managing influencer and affiliate marketing partnerships, as well as ensuring that your contests comply with relevant regulations.

ESG and green marketing require that your claims about sustainability are verifiable and not misleading. However, it can be challenging to know where the line is drawn in practice.

Our compliance check in green marketing assist you in assessing and developing verifiable statements about sustainability and ensure that your ESG initiatives are communicated transparently.

When using physical marketing materials, such as newspapers, magazines, or outdoor media, it is important to ensure that you distinguish advertising from editorial content and comply with regulations regarding advertising in outdoor spaces.

Our compliance check for physical marketing ensure that your physical ads adhere to applicable guidelines for proper signage and advertising placement.

Additional topics

We have selected some additional topics that may also be relevant to your work or your company's business area.

AI in marketing is increasingly being used to create new content or to respond to customer inquiries. The development has accelerated, making it more challenging to navigate the complex legislation and ethical considerations surrounding the use of artificial intelligence.

Our compliance check help you comply with the latest EU legislation on AI-generated content, enabling your business to avoid legal pitfalls while maintaining a high level of transparency and credibility.

This topic focuses on the responsible use of AI and ensures that AI-generated content meets legal requirements, such as proper labeling of AI-based outputs and the protection of data and intellectual property rights.

Marketing to children and adolescents requires extra care and attention to the specific rules and regulations established to protect this target group. In Denmark, there are strict regulations for advertising aimed at children and young people, including provisions in the Danish Marketing Practices Act and guidelines from the Consumer Ombudsman, which are designed to ensure that advertising does not exploit the minds of children and adolescents.

Our compliance check in advertising to children and adolescents ensure that your campaigns are fully compliant with the law.

Pricing and promotional expressions require precision and compliance with regulations to avoid misleading consumers. In Denmark, there are clear rules on how prices must be presented and how discounts, offers, and promotions should be communicated, including requirements from the Danish Marketing Practices Act.

We assist you in ensuring that your prices, discounts, and offers are clear, easily understandable, and fully compliant with the law.

Protecting your trademarks and avoiding infringements of others' rights requires careful attention to the complex rules surrounding intellectual property. In the EU, there are strict regulations regarding trademarks and rights, including provisions in the Danish Trademarks Act that protect both your own and others' rights. Therefore, it is crucial that you safeguard your own business identifiers while also being aware not to infringe upon others.

We handle the registration, protection, and monitoring of your trademarks and advise you on how to avoid infringing on others' rights, allowing you to conduct your activities without the risk of legal issues.

When working with marketing and product presentation, it is important to understand the applicable labeling and certification requirements. Consumers must be able to trust that the information you present is accurate and lawful. This includes proper labeling of products and clarification of relevant certifications, ensuring compliance with both national and international standards.

By choosing this topic, you will receive a detailed overview of the necessary labeling and certification requirements for your products, as well as guidance on how to ensure that all information is correct and complies with the law, thereby building trust with your customers and enhancing your company's credibility.

On-site training

You can opt for tailored on-site training for your employees, customized to your company’s unique needs.

Our training provides a comprehensive introduction to all relevant legislation and guidelines, enabling your employees to work independently with compliance within the company going forward.