The Danish
Gambling
Authority’s guide on
sales promoti
on
Version 4.0
12. juli 2021
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1
Table of contents
1 Introduction ........................................................................................................................................................................................... 2
2 Definition of sales promotion ......................................................................................................................................................... 3
2.1 Special requirements regarding cashback, bonus and loyality programmes ............................................. 3
2.2 Special requirements regarding jackpots ...................................................................................................................... 4
2.3 Special requirements for boosted odds ......................................................................................................................... 4
3 Guidelines for marketing sales promotion ................................................................................................................................ 5
3.1 The value of the sales promotion ..................................................................................................................................... 5
3.1.1 Market value ............................................................................................................................................................................. 5
3.1.2 When is it one or more sales promotions? .............................................................................................................. 5
3.1.3 Special requirements regarding draws and similar .............................................................................................. 6
3.2 Playthrough requirements .................................................................................................................................................... 6
3.2.1 Special requirements regarding commission-based games ........................................................................... 7
3.3 Who are offered the sales promotion............................................................................................................................. 7
3.4 Clear and visible information about the offer .............................................................................................................. 8
3.4.1 Terms and conditions of the sales promotion ........................................................................................................ 8
3.4.1.1 Significant terms and conditions ................................................................................................................................ 9
3.4.2 Types of media .................................................................................................................................................................... 10
3.4.2.1 Media with unlimited space ....................................................................................................................................... 10
3.4.2.1.1 One click away .............................................................................................................................................................. 10
3.4.2.2 Media with limited space ............................................................................................................................................ 10
3.4.2.3 Examples of media ........................................................................................................................................................ 11
3.4.2.4 Social media ...................................................................................................................................................................... 11
3.4.2.5 Special rules regarding the use of “free” ............................................................................................................. 12
3.4.2.6 Legal practice .................................................................................................................................................................... 13
3.5 A minimum of 60 days to meet terms and conditions for a sales promotion ........................................ 13
4 Additional provisions on marketing of gambling services ................................................................................................ 15
4.1 The Danish Act on Gambling section 36(1) .............................................................................................................. 15
4.2 Statutory disclosure when marketing gambling activities .................................................................................. 15
4.3 Marketing to self-excluded players ............................................................................................................................... 15
4.4 The Danish Marketing Practices Act .............................................................................................................................. 15
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1 Introduction
This guide is aimed at gambling operators and other relevant stakeholders. The guide is a supple-
ment to the gambling legislation’s chapters on sales promotion.
If a gambling operator offers consumers a sales promotion, various requirements must be met in
this connection. The rules on this are stated in chapter 9 of the Executive Order on online casino,
chapter 4 of the Executive Order on land-based betting and chapter 8 of the Executive Order on
online betting.
This guide expresses how the Danish Gambling Authority interpret the provisions on sales promo-
tion and which practices are legal according to the Danish Gambling Authority’s assessment. The
Danish Gambling Authority will use the guide in monitoring licence holders’ compliance with the
rules in the executive orders mentioned. The provisions on sales promotion are interpreted in ac-
cordance with the practice of the Danish Marketing Practices Act.
The examples mentioned in the guide serve as a practical guide. The examples are measures
aimed at defining and illustrating how the rules are understood in practice. It is emphasised that
these are merely examples of how sales promotions
can
be made. The guide expresses the Danish
Gambling Authority’s general recommendations in relation to typically occurring marketing situa-
tions for promotions. However, it will always depend on a specific assessment of whether sales pro-
motion is made in accordance with the rules of the gambling legislation. It is the courts that ulti-
mately decide whether the provisions have been violated.
The guide is not exhaustive and will be updated regularly by the Danish Gambling Authority. The
update will mainly be based on the developments in the set of rules and in practices.
It should be noted that the rules on marketing of gambling activities apply to all parties that market
gambling products and not only gambling operators. This means that the rules also apply to affili-
ates.
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2 Definition of sales promotion
The concept of “sales promotion” is not defined in the gambling legislation’s executive orders nor in
the preparatory works to the Danish Act on Gambling.
The definition in this guide therefore only expresses how the Danish Gambling Authority interpret
sales promotion and which practice is applied by the Danish Gambling Authority in the future.
The Danish Gambling Authority assess that sales promotion include all those measures offered by
a gambling operator to consumers with a commercial intention, regardless of whether separate
payment is required.
Sales promotion will typically be measures used for a limited time period under certain conditions
and which usually are intended to promote the sale of goods by offering the consumer the impres-
sion of a financial advantage, for example by offering a welcome bonus.
Below are examples of sales promotion. The list is not exhaustive.
- Bonus offers
- Free promotional gifts
- Free bet/ Free spin
- Competitions
- Draws
- Today’s/ this week’s/ this month’s offer, for example “World Cup offer”
- Price reduction e.g. 50% off spins
- Favourable odds to selected players
The Danish Gambling Authority are of the opinion that the term must be interpreted broadly, which
is why other and new marketing methods are also taken into account and in principle covers any
measures taken to attract new players and retain existing players.
2.1 Special requirements regarding cashback, bonus and loyality programmes
The Danish Gambling Authority assess that cashback, bonus and loyalty programmes in some
cases can be sales promotion, while in other cases, it is considered a part of the prize structure.
If the system is a permanently integrated part of the gambling operator’s provision of gambling and
is offered to all players on equal terms and conditions regardless of how much money is spent and
does not increase if the player spent more money, it speaks in favour of considering the system as
a part of the prize structure. Especially if the customer cannot opt out of the system.
However, if the system only rewards a particular group of players or it only applies to particularly
high odds or it only applies for a limited period of time, the Danish Gambling Authority assess that
the system is sales promotion.
For example, it would comply with the above interpretation to offer all current players 5 percent of
their spending a given week returned. It is crucial that the offer applies to all players without further
terms and conditions.
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2.2 Special requirements regarding jackpots
The Danish Gambling Authority assess that jackpots offered in connection with provision of casino
are considered a permanent part of the game and prize structure, and thus, it is not sales promo-
tion, unless the jackpot is reserved for particular players.
2.3 Special requirements for boosted odds
The Danish Gambling Authority assesses that “boosted odds” can be considered sales promotion
in cases, where the boosted odds are assessed to have a commercial intent rather than be part of
the gambling operator’s price determination.
The Danish Gambling Authority assesses that boosted odds cannot be considered sales promotion
if the following conditions are met:
1. The boosted odds are offered to everyone. This means that the odds must be publicly accessi-
ble to any person, and it must not be possible to place the same bet at other odds with the
gambling operator.
2. The boosted odds must not be offered at certain terms and conditions. This. Means, for exam-
ple, that there cannot be a requirement of a minimum stake.
If the requirements are not met, the boosted odds can be considered sales promotion based on an
assessment of the specific offer. If the boosted odds are considered sales promotion, the provi-
sions of the executive order will enter into force.
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3 Guidelines for marketing sales promotion
3.1 The value of the sales promotion
The value or average value of a sales promotion must not exceed DKK 1,000.
The value of the sales promotion is calculated at the time when the promotion is offered, for exam-
ple, if a welcome bonus of DKK 500 for an online casino is offered, the value of the promotion is
DKK 500 and not the future winnings. For other winnings than cash, the value must be calculated
based on the market value, see more in section 3.1.1.
If the sales promotion comes with a requirement of a deposit on an account or a stake in a game to
take advantage of the sales promotion, the requirement for the deposit on the account or stake in
the game must equal 100 per cent of the value of the promotion offered.
In practice, this means that if a sales promotion of DKK 500 is offered, the requirement for a deposit
on the account or stake in the game, if it is required, must be DKK 500. The sales promotion must
always have the same value as the requirement for deposits on the account or stakes in the game.
Accordingly, this means that 25 free spins cannot be offered in connection with the above example
as the value of the sales promotion in this case would exceed the requirement of a stake.
See section 3.4.2.5 below on cases where there is no requirement for deposits on an account or
stakes in a game to obtain a sales promotion.
3.1.1 Market value
The market value is the value for which a consumer can usually sell or buy the product concerned.
It is the gambling operator’s responsibility to prove that the sales promotion has the stated market
value.
The market value may be difficult to determine in case of a product that is normally not sold or
bought on the market, for example a meet and greet with a football player. In this case, it is impera-
tive that the gambling operator considers what it is expected that people will pay for such an expe-
rience. These considerations must be documented for later supervision by the Danish Gambling
Authority.
3.1.2 When is it one or more sales promotions?
It depends on a specific assessment of the case when deciding whether there are one or more
sales promotions offered independently of each other.
If the sales promotion is offered over several days and the player is required to participate all days,
the Danish Gambling Authority assess that it is a single promotion. If it is possible to participate on
any day independently of each other, it is considered several sales promotions.
If several sales promotions are marketed collectively, it will be considered one sales promotion.
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3.1.3 Special requirements regarding draws and similar
A sales promotion may be a draw for a prize where the consumer is offered a ticket to participate in
such a draw. It may also be a guessing competition in which the consumer must answer correctly a
number of questions to participate in the competition to win a prize which is drawn among those
who answer correctly.
It can be difficult to determine the value of the ticket or the participation in a guessing competition
that must not exceed DKK 1,000. The gambling operator is responsible for accounting for the value
of the ticket or the participation. The value of the ticket depends on the total value of the prize pool.
If 200 consumers are offered to participate in the draw for a car worth DKK 100,000, the Danish
Gambling Authority assess the value of the ticket to be DKK 500 (DKK 100,000 divided by 200 con-
sumers). What matters is how many consumers that the gambling operator assesses that the ticket
is offered to and not how many consumers accept the offer.
Gambling operators must take special care if participation in a draw or a competition requires a de-
posit on the account or stake in a game.
In case of a situation where all who place DKK 100 on a given football match participate in a draw
for a car, the ticket must have an exact value of DKK 100 equalling the stake in the game.
If a specified group of players, for example all who have placed DKK 100 on a given football match
and are subsequently offered to participate in a draw for a car, and where the draw was not known
to the customer at the time of the purchase, the draw is considered free and therefore, the value
must not exceed DKK 1,000.
It should be noted that direct payment for participation in draws and similar are not allowed, since
this is considered a lottery which requires a license.
3.2 Playthrough requirements
If a playthrough requirement is attached to the sales promotion, it must not be more than 10 times
the value of the deposit on the account or stake in the game plus the amount awarded. See section
3.2.1 for special rules on playthrough requirements applicable to commission-based games.
A sales promotion of DKK 100, which is offered in connection with a deposit of DKK 100 to an ac-
count, for example, can involve a playthrough requirement of 10 times, which both applies to the
sales promotion of DKK 100 and for the deposit on the account of DKK 100. In this case, where a
playthrough requirement is attached to the requirement for a deposit on the account, the promotion
cannot be marketed as free of charge, see section 3.4.2.5.
If a playthrough requirement is attached to the sales promotion, an example must be provided,
which shows the amount to be gambled before any winnings from the game can be transferred to
the player’s own bank account. The example must be provided in a clear and visible manner di-
rectly alongside the offer and must be stated in the currency in which the game is played.
The games that can be played to meet the playthrough requirement attached to the sales promo-
tion must contribute 100 per cent to meeting the playthrough requirement. Thus, some games can-
not contribute 50 per cent regardless of whether this is clearly stated.
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The player must have a minimum of 60 days to meet any terms and conditions that are connected
to the payout of the sales promotion, for example the playthrough requirement.
No playthrough requirements must be attached to the winnings gained through sales promotions.
This is regardless of whether the prizes are won in a competition or the prizes are won in a game
that requires a license.
If the prize of the sales promotion for example is free spins, a playthrough requirement must not be
attached to these. If the sales promotion is a “deposit DKK 100 to your account and receive DKK
100” offer, a playthrough requirement can be attached to the deposit of DKK 100 and the sales pro-
motion of DKK 100.
3.2.1 Special requirements regarding commission-based games
Commission-based games are e.g. poker and betting exchanges.
If a playthrough requirement is attached to the sales promotion offered at commission-based
games, there is a special requirement that it must not exceed half of the promotion awarded to the
player.
This is played through via the commission.
In fulfilling the playthrough requirement, only the commission with which the player has directly
contributed is included.
If a player is, for example, awarded DKK 100 as a sales promotion, the playthrough requirement
must not exceed DKK 50. The DKK 50 is solely the player’s share of the commission. In case of a
pool of DKK 100, where two players have contributed with DKK 50 each, and where the commis-
sion is 4 per cent, the commission will only amount to DKK 2 per player, equivalent to the player’s
share of the commission. The player will additionally have to play through DKK 48.
The rules on playthrough requirements mentioned above, except for the rule on a playthrough re-
quirement of 10 times, does also apply to sales promotions made at commission-based games.
3.3 Who are offered the sales promotion
Sales promotions must not be offered to individual players on terms and conditions that differ from
offers given to other players. On the contrary, sales promotions must be offered to all players who
gamble within the same set range or who meet another criterion.
A set range may for example be DKK 100 – DKK 200.
Another criterion may for example be players who have previously bet on ice hockey matches, or
players residing in Copenhagen.
What matters is that the range or another criterion is set so that the sales promotion is offered to at
least 100 Danish consumers. It does not matter whether all 100 consumers accept the offer, but all
100 must have a fair chance to do so.
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In principle, all consumers who are offered the promotion must receive the offer at the same time.
There may be exceptions to this, for example of all existing players are offered a birthday offer re-
ceived on the individual player’s birthday. This requires that the gambling operator has at least 100
players upon the start of the offer and that the offer applies for a year.
A player’s inactivity with a gambling operator must not be a selection criterion when awarding sales
promotions. Thus, a promotion cannot be offered to all players who have been inactive for a certain
period of time.
However, a sales promotion can be offered to players who have not yet logged in or have not made
a deposit. The crucial point is that the player’s inactivity does not determine whether the player is
offered a promotion. Accordingly, it is allowed to offer all players a sales promotion, including those
who have been inactive.
The gambling operator is responsible for proving to the Danish Gambling Authority the range or cri-
terion selected when offering sales promotions. The gambling operator is also responsible for prov-
ing to the Danish Gambling Authority that at least 100 consumers have been offered the sales pro-
motion.
The Danish Gambling Authority consider a sales promotion offered when it has been offered in per-
son, sent via letter, e-mail or SMS. The offer may also be made on the gambling operator’s own
website, via banner advertisements, via TV commercials, via social media or similar, if it is estimated
that the offer will reach more than 100 consumers.
For example, in the gambling operator’s assessment of whether the offer is given to at least 100
consumers, it should be included how many has visited the website on which the offer is made, or
how many follows the social media account, if the offer is made on this platform.
3.4 Clear and visible information about the offer
When marketing sales promotions, all terms and conditions must be provided in a clear and visible
manner directly alongside the offer of the promotion. This means that a sales promotion must be
presented and described in a loyal and balanced way in terms of advantages and disadvantages.
By clear is meant that the terms and conditions must appear and be formulated correctly and in
such a way that they are understandable and easily legible. This means that the terms and condi-
tions must not give rise to misunderstandings and ambiguities or misinterpretations, and that they
should not include unnecessary information that may contribute to confusion and doubt.
By visible is meant that the sales promotion and its terms and conditions should appear loyal. In as-
sessing this, it must be emphasised that the terms and conditions are written in a way that makes it
immediately readable and understandable in relation to font size, font colour and design in general.
3.4.1 Terms and conditions of the sales promotion
When a gambling operator offers a consumer a sales promotion, the Danish Gambling Authority as-
sess that the terms and conditions of the offer must be listed directly alongside the offer.
The listing of terms and conditions must be done in a way to appear clear and visible to the con-
sumer to ensure that the consumer is well aware of what he is accepting upon receiving the sales
promotion.
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In the list of terms and conditions, conditions and restrictions should be listed in a prioritised order
according to their significance.
In the list of terms and conditions, general terms and conditions for gambling with the operator
should not appear, for example how to make a complaint. Nor should terms and conditions that do
not apply to the specific sales promotion appear from the list.
Thereby, it is only the terms and conditions relevant to the promotion offered, that should appear
from the list of terms and conditions, which appears directly alongside the offer. The purpose of this
is to make it as clear as possible to the consumer.
The Danish Gambling Authority assess that the general terms and conditions should be included in
an independent section at the end of the list of terms and conditions. It is sufficient to refer directly
to general terms and conditions at the end of the list of terms and conditions.
Gambling operators should pay particular attention to the number of terms and conditions attached
to a single sales promotion. The Danish Gambling Authority assess that the sales promotion may
appear unclear if too many terms and conditions apply.
3.4.1.1 Significant terms and conditions
All significant terms and conditions applicable to the sales promotion must be disclosed at the first
presentation of the offer.
It is always up to the gambling operator to determine whether a term or condition is significant or
not. In assessing this, it must be considered whether the term or condition is likely to affect the con-
sumer’s decision about accepting the sales promotion.
Below are examples of terms and conditions that are always considered significant according to the
Danish Gambling Authority’s assessment:
- That a sales promotion only applies to a limited group of consumers, e.g. new customers
- That there is a playthrough requirement, including an example
- That a minimum stake must be gambled to contribute to the fulfillment of the playthrough
requirement
- That there is a deposit requirement
- That not all games contribute to the playthrough requirement
- That there is a time limit to fulfill the conditions attached to the sales promotion, for exam-
ple that a playthrough requirement must be fulfilled within a period of 60 days
- That a maximum of X can be won for funds from the sales promotion
- That there is a maximum stake in the game, for example a stake limit of DKK 50 or 10 per
cent of ta bonus per stake in the game. If winnings can be confiscated when the limit is ex-
ceeded, this is also considered a significant condition.
It should be noted that this is not an exhaustive list and it will always depend on a specific assess-
ment of whether or not a condition is significant.
In addition, it will not be sufficient merely to state which terms apply, as the term itself must be
specified. It will not be sufficient to state that a playthrough requirement applies, it must be speci-
fied what the requirement is, for example a playthrough requirement of 10.
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Depending on the type of media, there may be cases, where it is not possible to disclose all signifi-
cant terms and conditions at the first presentation of the offer. In such case, it may be sufficient that
they can be found one click away. In relation to media type, a distinction is made between whether
it is a media with limited or unlimited space. These are reviewed below.
3.4.2 Types of media
The gambling operator should always consider whether a chosen media type is appropriate to loy-
ally present the sales promotion.
The guidelines for media with unlimited and limited space are reviewed below.
3.4.2.1 Media with unlimited space
When marketing on its own platforms and media, the gambling operator disposes of the space,
which is why the Danish Gambling Authority assess that there is unlimited space to specify terms
and conditions of the sales promotion.
All terms and conditions should this be presented directly alongside the offer, which is, in principle,
simultaneously with the presentation of the sales promotion.
However, the Danish Gambling Authority assess that it is sufficient only to disclose the significant
terms and conditions at the first presentation of the sales promotion if, at the first presentation, di-
rect links for the additional terms and conditions are provided, thereby no more than one click
away.
3.4.2.1.1 One click away
By one click away is meant that all terms and conditions must be available only one click away from
the first presentation of the sales promotion. This applies regardless of whether the consumer
clicks on the presentation of the sales promotion.
This means that regardless of where the consumer clicks on a presentation of sales promotion, the
consumer must be directed to all terms and conditions for the sales promotion.
When the consumer has clicked on the offer and is directed to the full presentation of terms and
conditions, it may be necessary that the consumer scrolls to see all terms and conditions. This is
considered compliant with the rule on one click away as long as it is clear to the consumer that it is
necessary to scroll.
3.4.2.2 Media with limited space
In media with limited space, it is not always possible to reproduce all significant terms and condi-
tions at the first presentation of the sales promotion. Therefore, in some cases, it is accepted only to
state that terms and conditions apply to the sales promotion.
It always depends on a specific assessment of whether or not the media provides space for repro-
ducing significant terms and conditions regardless of whether it is a limited space media.
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There may be cases, where it is only possible to reproduce some of the significant terms and condi-
tions.
3.4.2.3 Examples of media
In the table below, various media are reviewed as well as the terms and conditions that must be
provided upon the first presentation of the sales promotion according to the Danish Gambling Au-
thority’s assessment.
This is only in relation to whether the offer is presented clearly and visibly.
Media
Notes
Media with unlimited space
Own platform, e.g.
website or app
When marketing a sales promotion on one’s own platform, all significant terms and conditions
must appear from the first presentation of the sales promotion. Additional terms and conditions
cannot be more than one click away from the first presentation of the sales promotion.
E-mail
When marketing a sales promotion via e-mail, all significant terms and conditions must appear
from the first presentation of the sales promotion. Additional terms and conditions cannot be more
than one click away from the first presentation of the sales promotion.
Media with limited space
Radio
When marketing a sales promotion via radio, it will suffice to mention that terms and conditions
apply. If a deposit is required, this must also be mentioned.
TV and cinema
commercials
When marketing a sales promotion via TV or cinema commercials, it must be communicated via
speak and/or text that terms and conditions apply. Significant terms and conditions must be dis-
closed to the greatest extent possible.
The text must always appear readable to the consumer, which is why it must appear on the screen
long enough for the consumer to read and understand the text.
SMS
When marketing a sales promotion via SMS, it must be stated that terms and conditions apply to
the sales promotion. In addition, there must be a link that directs the consumer directly to the offer
in full, where significant terms and conditions must appear. The additional terms and conditions
must not be more than one click away.
Marketing on a
third party website
When marketing a sales promotion on a third party’s website, e.g. banner advertisements, it is usu-
ally sufficient to mention that terms and conditions apply. In the marketing must be provided a di-
rect link to the offer in full, where significant terms and conditions must appear. The additional
terms and conditions must not be more than one click away.
In case of larger advertisements, it is assessed that there is sufficient space to state all or some of
the significant terms and conditions in the advertisement.
AdWords
When marketing a sales promotion via AdWords, it is sufficient to mention that terms and condi-
tions apply. In the advertisement must be provided a direct link to the offer in full, where significant
terms and conditions must appear. The additional terms and conditions must not be more than
one click away.
Printed media
When marketing a sales promotion in printed media e.g. in magazines and newspapers, it is suffi-
cient to state that terms and conditions apply to the sales promotion. In the advertisement, it must
be stated where the terms and conditions are available.
In case of larger advertisements, it is assessed that there is sufficient space to state all or some of
the significant terms and conditions in the advertisement.
It should be noted that the requirements do not differ depending on the technical platform.
Thereby, the requirements are identical regardless of whether the offer of the sales promotion is
presented on a mobile phone, tablet or computer.
3.4.2.4 Social media
When marketing on social media, a distinction must be made between marketing on one’s own
page or profile and marketing via banners and similar adverting.
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When marketing on one’s own pages or profiles on social media, it is considered a media with un-
limited space, see section 3.4.2.1 for the requirements for this. What matters is that the gambling
operator has full control of the media. If the social media in question is limited as to how many char-
acters or words are possible to write, the Danish Gambling Authority will of course not consider it a
media with unlimited space.
The Danish Gambling Authority assesses that posts that include both text and a photo will be con-
sidered a single unit, which is why both the text and photo is considered the first presentation of a
sales promotion. This means that significant terms and conditions must appear from the photo
and/or the text attached to the photo, when the licence holder offers sales promotions on social
media.
If it is only the significant terms and conditions that appear from the first presentation of the offer,
the additional terms and conditions must be available no more than one click away.
When marketing via banners and similar advertisements, such as banners on Facebook, paid sto-
ries and posts on Instagram, it is considered a media with limited space, see section 3.4.2.2 for the
requirements for this. If possible, there must be a direct link to the presentation of the sales promo-
tion, including terms and conditions.
Marketing on YouTube via commercials between video viewing is equated with TV commercials,
read more about the requirements in section 3.4.2.3. In addition to this, it is required that there is a
direct link to the presentation of the offer of the sales promotion, including terms and conditions.
Licence holders are responsible for ensuring that all domains registered with the Danish Gambling
Authority and its profiles on social media comply with the current regulations.
This means that the Danish Gambling Authority assesses that profiles on social media referring to
or linking to approved domains must comply with the duty of disclosure and the rules on sales pro-
motion. This also applies to “.com” domains.
3.4.2.5 Special rules regarding the use of “free”
If a sales promotion is offered free of charge, the gambling operator must be aware that the rules on
sales promotions still apply. What is offered free of charge must not have a value of more than DKK
1000, among other things.
The Danish Gambling Authority assess that a gambling operator cannot offer a consumer anything
free of charge without it being a sales promotion, as it is presumed that it will always have a com-
mercial purpose.
When a sales promotion is offered free of charge, gambling operators must pay special attention to
how the offer is presented to the consumer to ensure that the offer is clear and visible.
If the sales promotion is subject to special restrictions, such as requirements for the creation of an
account, playthrough requirements or similar, it must be clearly stated.
The Danish Gambling Authority assess that a sales promotion that is offered free of charge can be
playthrough requirements or other restrictions if the consumer still has a real chance of winning a
prize – so the free offer is not illusory.
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If sales promotions are offered free of charge in connection with a requirement of a deposit to the
account or stake in a game, the gambling operator must be particularly careful with the presentation
of the offer. If an offer includes that the consumer receives 100 free spins (of a value of DKK 100)
upon depositing DKK 100 to the account, the Danish Gambling Authority assess that it is in violation
of the law to present the offer as “get 100 free spins”. If it is presented as “deposit DKK 100 on your
account and get 100 free spins”, the Danish Gambling Authority find that the offer is presented
clearly and transparently. This is compliant with the rules of the Danish Marketing Practices Act,
where “buy 2 and pay for 1” offers can be offered and marketed legally.
When a sales promotion is offered free of charge in connection with a requirement for a deposit on
an account or a stake in a game, it still applies that the requirement for the deposit on the account or
stake in the game must equal 100 per cent of the value of the sales promotion. It should also be
noted that the product paid for must not be reduced to cover the cost of the promotion offered free
of charge. For example, it is not legal to attach a playthrough requirement to the deposit on the ac-
count.
See the Consumer Ombudsman’s statement on this of 29 February 2016.
1
3.4.2.6 Legal practice
On 14 October 2020, the court in Odense passed verdict in three cases on presentation of bonus
offers, which the Danish Gambling Authority has reported to the police. The verdicts were about the
previous Executive Orders, but the provision has the same wording as in the new Executive Orders.
The court ruled that the Danish Gambling Authority, in the three cases, had correctly assessed how
terms and conditions of a bonus offer is presented clearly and visibly, directly alongside the offer.
The cases involved the following terms and conditions:
• Limitation to the games that contribute to meeting the playthrough requirement
• Players qualified to receive the offer
• Deposit requirements
• Time limitations
• Playthrough requirements
• Limitations to winnings
• Stake limit per stake
• Deposits split in two
The court found that the terms and conditions listed are considered significant, and that they must
be presented at the first presentation of the offer, when the offer is given on the gambling opera-
tor’s own website.
The court also found that the additional terms and conditions of the offer cannot be more than one
click away.
In the specific cases, the gambling operators were acquitted, as the court found that the gambling
operators had displayed simple negligence.
3.5 A minimum of 60 days to meet terms and conditions for a sales promotion
If payouts of sales promotions come with terms and conditions, the player must have a minimum of
60 days to meet the terms and conditions. This follows from section 29(9) of the Executive Order on
1
https://www.forbrugerombudsmanden.dk/find-sager/markedsfoeringsloven/sager-efter-markedsfoeringsloven/vildled-
ning/brug-af-udsagnet-gratis-i-en-kampagne-var-i-strid-med-loven/
Spillemyndighedens vejledning om salgsfremmende foranstaltninger
The Danish Gambling Authority’s guide on sales promotion
14
online casino, section 7(9) of the Executive Order on land-based betting, and section 22(9) of the
Executive Order on online betting.
The Danish Gambling Authority assess that the provisions apply to terms and conditions that must
be met to receive any payouts from the sales promotion. The Danish Gambling Authority assess
that the provisions do not cover the sales promotion itself. Thus, a limited period of validity can ap-
ply for the player to make use of a bonus received as a sales promotion without it being a breach of
the provisions. However, it is crucial that the sales promotion is free for the player to use without
any further conditions.
The Danish Gambling Authority does not assess that the provisions affect the period in which the
sales promotion is offered to players.
Spillemyndighedens vejledning om salgsfremmende foranstaltninger
The Danish Gambling Authority’s guide on sales promotion
15
4 Additional provisions on marketing of gambling services
When marketing gambling activities in Denmark, there are various additional rules that gambling
operators must be aware of. The rules are briefly reviewed below and are only included in the guide
to provide an overview of the rules in force in Denmark.
4.1 The Danish Act on Gambling section 36(1)
It appears from section 36(1) of the Gambling Act that marketing of gambling:
- Shall present the chance of winning in a correct and balanced manner that does not create
an impression that the chance of winning is greater than it actually is,
- Shall focus on gambling as a form of entertainment,
- Shall neither in form of communication or choice of media, target children and young peo-
ple under the age of 18,
- Shall not by using well-known personalities, contrary to the truth, imply that participation
in gambling has contributed to their success, and
- Shall not have a content that conveys the impression that participation in gambling activi-
ties promote a solution to financial problems or the player’s social acceptance.
4.2 Statutory disclosure when marketing gambling activities
It follows from chapter 8 of the Executive Order on online casino chapter 3 of the Executive Order
on land-based betting, and chapter 7 of the Executive Order on online betting that there are a num-
ber of statutory requirements for disclosure when marketing gambling activities.
Gambling operators must in their marketing inform about:
- The minimum age for gambling
- The Danish Gambling Authority’s helpline about responsible gambling, and
- The opportunity to self-exclude with the register of self-excluded players (ROFUS)
In addition, gambling operators must use the Danish Gambling Authority’s labelling scheme in their
marketing. The label must be easily visible.
4.3 Marketing to self-excluded players
The gambling operator must take measures to prevent sending marketing materials to players who
have, temporarily or permanently, self-excluded from gambling.
This is ensured by consulting ROFUS, which is why it is not possible for affiliates to send direct mar-
keting to consumers as they do not have the option of consulting ROFUS because this requires the
consumer’s civil registration number.
4.4 The Danish Marketing Practices Act
When gambling activities are marketed in Denmark, the rules of the Danish Marketing Practices Act
also apply. The Danish Marketing Practices Act is under the supervision of the Consumer Ombuds-
man.
If the Danish Gambling Authority, in its supervision of the market, finds violation of the Danish Mar-
keting Practices Act, the case is forwarded to the Consumer Ombudsman for the purpose of any
further processing of the case.
