Objective and scope of application
Any e-marked shop is required to comply with the e-mark guidelines as well as applicable law. The e-mark will ensure that the guidelines as well as the intentions behind the Brand are respected by the certified webshops.
The assessment of whether an e-marked webshop complies with applicable law is the responsibility of the relevant regulatory authorities, and is not ensured by the e-mark. The e-mark’s obligation in relation to applicable law is to ensure that the certified webshop, in connection with the certification process, receives guidance on how the webshop can be set up in accordance with applicable law. The e-mark also undertakes to communicate and continuously inform certified webshops of applicable law within the e-commerce area.
A certification is not an expression of an approval or recommendation of the products/services, which the tradesman provides, but only a guarantee that the webshop in question lives up to the e-mark’s guidelines, and that the webshop in question has been instructed of applicable law within the e-commerce area.
1. Clear information about the webshop
The tradesman will, in a clear and accessible way, state who is behind the webshop and state relevant contact information. The information must include Central Business Registration number, legal name, organizational form, address, e-mail address, and phone number if relevant.
In case of procurement of products or services, the webshop must clearly indicate who is responsible for which parts of the trade.
2. Easy access to personal data policy
The tradesman must, in an easily accessible way, advise of the webshop’s handling of personal data.
Information of civil registration number
Purchases, which do not involve an ongoing contractual relationship, must as a starting point not be subject to information of civil registration number.
Active acceptance of personal data policy
Before entering into an agreement, the personal data policy must be actively accepted by the customer. It must be possible to read the personal data policy where the acceptance is made.
3. Transparent purchase flow
The tradesman must ensure that the content and scope of the agreement are clear to the customer prior to completion of the purchase. This a.o. includes the conditions of the purchase, the key features of the product/service, the total price of the product/service including all the costs, as well as relevant information about any ongoing liabilities. Furthermore, the tradesman must not make general reservations to the agreement. This information must be forwarded electronically immediately after the purchase of a durable medium.
It must be clear to the customer that a payment obligation is entered into in connection with completing a purchase, just like card payment must be made via an encrypted connection.
Payment in advance by account transfer, check, Giro inpayment form, and similar, is offered to customers as a secondary payment option, and in the business conditions and where the customer selects means of payment it must clearly be stated that this payment option is not covered by the objection system.
Active acceptance of terms of business
Before entering into an agreement, all terms of agreement must be presented to and actively accepted by the customer. It must be possible to read the terms of agreement, where the acceptance is given.
Sign up for newsletters and supplementary services, etc. must be done actively by the customer.
4. Clear information on delivery, withdrawal, and complaint
The tradesman must ensure that, in connection with the purchase and immediately after the purchase, clear information exists regarding the webshop’s expected delivery time and freight prices. Furthermore, the customer’s right of withdrawal, including exceptions to the right of withdrawal, cost of return, and procedure in case of withdrawal and complaint must be stated. This information must also be submitted electronically on a durable media immediately after the purchase, and the information must also be a part of the terms of agreement which actively must be approved prior to purchase.
Standard withdrawal form
The statutory standard withdrawal form must be available on the webshop and must be sent to the customer together with the order confirmation or be attached to the service at the time of delivery.
In the event of cancellation of the purchase or the customer’s use of the right of withdrawal, the webshop must refund the customer’s claim without undue delay.
Handling of complaint/withdrawal
In connection with a complaint/defect or question of decrease in value in connection with the exercise of the right of withdrawal, the tradesman must adequately and within a reasonable time examine the product in question. In case of a rejection of a complaint or calculation of the decrease in value, the tradesman must adequately document the background for the assessment.
5. Fast answers to questions
The webshop must state how the tradesman can be contacted and during which period of time. The webshop must comply with the specified response times. The response time must in general not exceed five working days. If a telephone number for the webshop is not stated, it must be clear that it is not possible to contact the company by telephone.
6. Compliance with the requirements of supervisory authorities
The Consumer Complaints Board’s decisions and the decisions from the private complaints boards approved by the Minister of Economic and Business Affairs must, together with any orders or requirements from other relevant regulatory authorities, be complied with, or be passed on to the appropriate authority by the tradesman.
7. Ongoing control and instruction
The tradesman is subject to the e-mark’s control actions which are to ensure that the tradesman comply with the guidelines applicable at any time. All e-marked webshops have access to legal advice on applicable law via the e-mark membership service and legal materials. The tradesman must continuously keep up to date with the legislation and practices which the e-mark can make available and provide inform on.
8. Issue of order, suspension, and removal of the e-mark
The e-mark can make decisions in cases of whether a certified webshop has complied with the e-mark guidelines, the intentions behind the e-mark, and applicable law. The e-mark can take up a cause on their own initiative or in view of, for example, ongoing control, random tests, and consumer complaints.
The tradesman is at the request of the e-mark required to provide information that is relevant to the assessment of whether the tradesman comply with the guidelines.
The e-mark can:
- Require that the tradesman changes behaviour.
- Suspend the tradesman’s access to use the Brand for up to six months.
- Remove the tradesman’s access to use the Brand.
On the background of the case’s nature, the e-mark estimates which sanction (order, suspension, or removal) is to be applied. In its estimation the e-mark emphasizes the character of the offense, to which extent the offense prevents the intentions behind the e-mark, and to which extent the violation affects the consumer.
Through an order the tradesman will be ordered to, within a given time limit, change behavior, for example to comply with the guidelines of the e-mark. The e-mark sends an order to the tradesman, and the tradesman will then have three working days to submit his views and an explanation of how the tradesman in future will rectify the criticisms. The e-mark will then take a position on whether the tradesman meets the order. If the tradesman does not respond to an order issued by the e-mark, the e-mark can choose to make a decision on the suspension or removal of the Brand on the tradesman’s webshop.
The tradesman may appeal to the e-mark’s appeals body regarding an issued order, see point 8.4.
Conditions for the issue of an order:
8.1.1 When a tradesman has violated the e-mark’s guidelines or the intentions behind the e-mark.
8.1.2 When a tradesman, within a specified time limit, has not rectified conditions that have been pointed out in connection with for example ongoing control, random tests, or a specific request.
8.2. Suspension of the e-mark:
At a suspension the tradesman will be ordered to remove the Brand from his webshop for up to six months, depending on the character of the violation.
A recommendation of suspension will be sent to the tradesman with a deadline of three working days for returning with objections to the suspension. On the basis of the objection, or the lack hereof, the e-mark makes an assessment of whether the suspension should be carried out. Decision on carrying out the suspension is sent to the tradesman. The tradesman can appeal to the e-mark’s appeals body against a decision on suspension. See point 8.4.
Conditions for the suspension of the e-mark.
8.2.1 Failure to comply with an order issued by the e-mark, or
8.2.2 legal action or public criticism (regarding e-commerce) from the Consumer Ombudsman, or
8.2.3 serious or repeated violation of the e-mark’s guidelines, or
8.2.4 the tradesman is behaving in a manner which is incompatible with the intentions of the e-mark.
During the period of suspension the tradesman will remain a member of the e-mark but will not be included on the list of certified webshops on the e-mark’s website, just like the certificate must not appear from the company’s webshop or from other marketing materials. The e-mark’s guidelines and the intentions behind the e-mark must be observed during the period of suspension.
The e-mark may in special cases make a decision on the suspension without prior recommendation. In that case, the tradesman will simultaneously with the suspension have the opportunity to object to the suspension within a period specified by the e-mark without suspensory effect. The e-mark may, on the basis of the tradesman’s objection, terminate the suspension regardless of the fact that such suspension is not expired.
When the suspension period expires, the tradesman will again be entitled to use the Brand, provided that the guidelines and the intentions behind the e-mark have been observed during the period of suspension.
Suspended companies will be published on the e-mark’s web site along with brief reasons for the suspension. This will be available for 12 months.
If the certificate is found on the tradesman’s webshop or otherwise in the tradesman’s marketing materials after the start of the suspension period, this will be regarded as unauthorized use and can be sanctioned with day fines each DKK 1.000.
8.3 Removal of the e-mark
By removal of the Brand, the tradesman will be required to remove the e-mark from his webshop and other marketing materials. Contractual relations between the e-mark and the tradesman will cease at removal of the Brand, as the agreement of and the possibility of the day fine sanction, cf. below, however, still remain.
A recommendation of removal will be sent to the tradesman with a deadline of three working days for returning with objections to the removal. In view of the objection, or the lack hereof, the e-mark makes an assessment of whether the removal should be carried out. Decision on carrying out the removal is sent to the tradesman.
The tradesman can appeal to the e-mark’s appeals body against a decision on removal. See point 8.4.
Conditions for removal of the e-mark.
8.3.1 Failure to comply with an order issued by the e-mark, or
8.3.2 the certificate has been suspended, and the tradesman has not changed his behaviour significantly, or
8.3.3 non-compliance with decisions from the Consumer Complaints Board, or with decisions from the private complaints boards approved by the Minister of Economic and Business Affairs, unless the tradesman refers the matter to a court within the term of appeal, or
8.3.4 the tradesman violates the e-mark’s guidelines during the period of suspension, or
8.3.5 serious or repeated violation of the e-mark’s guidelines, or
8.3.6 the tradesman is behaving in a manner which is incompatible with the intentions of the e-mark.
The e-mark may in special cases make a decision on removal without prior recommendation. In that case, the tradesman will, simultaneously with the decision on removal, have the opportunity to object to the removal within a period specified by the e-mark without suspensory effect. The e-mark may, on the basis of the tradesman’s objection, allow the removal to lapse or make a decision on suspension.
If the Brand is found on the tradesman’s webshop or otherwise in the tradesman’s marketing materials after the removal, this will be regarded as unauthorized use and can be sanctioned with day fines each DKK 1.000.
Upon removal of the Brand and subsequent termination of the membership, the tradesman is not entitled to have the subscription for the period after removal of the Brand repaid.
Upon removal of the Brand and associated membership, the tradesman can only after 12 months apply for membership of the e-mark and associated certification. In this connection the tradesman must go through a new certification process on equal terms with new applicants. In this assessment it will be taken into account if the tradesman in the period from removal and until the date of application has changed the behaviour, which was the cause of the removal.
Companies who have lost the e-mark will be published on the e-mark’s web site along with brief reasons for the removal. This will be available for 12 months.
8.4. Appeals body
Decisions made pursuant to the above can be appealed by the tradesman to the e-mark’s special appeals body. Decisions can also be brought before the appeals body by a minority in the e-mark’s governing body.
The complaint must be sent by e-mail to firstname.lastname@example.org, and should be received by the e-mark not later than four weeks after the decision has been made. Submission of a complaint will not have suspensory effect, unless otherwise determined by the chairman of the appeals body.
The governing body of the e-mark will determine the rules of procedure of the appeals body. The appeals body will be composed so that consumer and business interests are equally represented. The chairman of the appeals body must comply with the general conditions of being the justice.