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Act No. 2 on relating to the control of marketing and contract terms and conditions, etc.

Country
Type of law
Legislation
Source

Abstract
The present Act lays down rules on the control of marketing, commercial practices and contract terms and conditions in consumer relations, and requires traders to follow good business practice in their transactions with one another. All marketing shall follow good marketing practice. Emphasis shall be given to whether the marketing offends against general ethical and moral views, and to whether it employs offensive means, as well as whether it follows gender and non-discrimination principles. Unfair commercial practices are prohibited, understood as practices that conflict with good business practice towards consumers and is likely materially to distort the economic behaviour of consumers, causing them to make decisions they would not otherwise have made. Special rules are laid down for children, requiring particular care to be exercised with regard to their impressionability, lack of experience and natural credulity of children. Terms and conditions which are applied or are intended to be applied in the course of trade with consumers may be prohibited if they are deemed to be unfair to consumers and if general considerations call for such a prohibition. In relation to traders, no act shall be performed in the course of trade which conflicts with good business practice among traders. The Consumer Authority and the Market Council shall monitor the traders' commercial practices and contract terms and conditions in accordance with Chapter 7.
The Act contains 51 articles organized in the following Chapters: 1. General provisions; 2. Commercial practices that affect consumers; 3. Particular forms of marketing, etc.; 4. Special provisions relating to the protection of children; 5. Control of contract terms and conditions, etc.; 6. Protection of the interests of traders; 7. Enforcement; 8. Cross-border enforcement, etc.; 9. Penalties and civil sanctions; 10. Entry into force etc.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Lov om kontroll med markedsføring og avtalevilkår mv. (markedsføringsloven).