Sales calls to businesses are generally lawful in Denmark, also without consent. The exception is sole traders whose owner is on the Robinson list or has said no thanks. If a company has advertising protection in the CVR register, you may not use its CVR data for marketing. Email and SMS advertising needs consent, also to businesses.
Sales calls to businesses are generally lawful in Denmark, also without consent. The exception is sole traders whose owner is on the Robinson list or has said no thanks. If a company has advertising protection in the CVR register, you may not use its CVR data for marketing. And email and SMS advertising needs consent, also to businesses.
What you may do
| Channel | Limited companies and similar | Sole trader |
|---|---|---|
| Call from a salesperson | Yes | Yes, if the owner is not on the Robinson list and has not said no thanks |
| Letter with name and address | Yes | Yes, if the owner is not on the Robinson list |
| Automated call with a recorded message | Only with consent | Only with consent |
| Email and SMS advertising | Only with consent | Only with consent |
| Contact data taken from the CVR register | Not if the company has advertising protection | Not if the company has advertising protection |
Sources: the Consumer Ombudsman's overview, Marketing Practices Act s. 10 and the Danish Business Authority.
Calls to companies are lawful
The ban on cold calls in the Consumer Contracts Act protects consumers. The Ombudsman says sales calls aimed at other businesses are generally lawful, also without prior consent (Consumer Ombudsman).
If a company says no thanks, respect it and put it on your suppression list. It is good practice, and it saves your salespeople the same conversation again.
Sole traders are people
A sole-trader business (enkeltmandsvirksomhed) is not a separate legal entity. The owner is a natural person, and the Ombudsman says it is unlawful to call any natural person, including self-employed people, who is on the Robinson list or has opted out of direct marketing.
That covers many of the businesses B2B sellers call: tradespeople, hairdressers, consultants, farms and small web shops. In 2020 a company was fined DKK 40,000 for calling four of them (Consumer Ombudsman).
The Robinson list holds names and addresses, not CVR numbers. So check the owner's name and the address the business is run from. The first time you call the owner, you must also say they can opt out of marketing from you (Marketing Practices Act s. 10(6)).
Advertising protection in the CVR register
Companies and production units can register advertising protection in the CVR register. Private businesses may then not use their CVR data for direct marketing (Danish Business Authority).
It affects you if your list is built from a CVR extract, a bought B2B list, or a CRM that pulls data from CVR. If the company gave you its number itself, you are not using CVR data. Only intentional or grossly negligent breaches are punishable (Consumer Ombudsman). See Danish company ad protection (CVR) explained.
Email and SMS to businesses
There is no B2B exception here. Section 10(1) of the Marketing Practices Act bans advertising by electronic mail to anyone without prior consent, and that includes businesses (retsinformation.dk). If you got the email address from a customer in connection with a sale, you may advertise your own similar products as long as the customer can easily opt out (section 10(2)). See Email and SMS marketing in Denmark.
How to build a B2B call list that holds up
- Split the list by company type. Sole traders in one group, companies in another.
- Check the sole traders against the Robinson list on the owner's name and address.
- Check CVR advertising protection if the list is built on CVR data.
- Run your own suppression list against the whole list.
- Keep the record, so you can show when and against what the list was checked.
Questions and answers
Does the Robinson list apply to a limited company?
No. The Robinson list is for people. For companies, CVR advertising protection applies.
What about partnerships?
The Ombudsman mentions sole traders. A partnership is also owned by people, so check the owners' names and addresses if the business is run from a home.
May we call an employee's mobile number?
If you call the employee about the company's purchasing, it is a call to the business. If you call to sell something to the employee privately, it is a call to a consumer, and the ban applies.
How Robinsontjek helps
We check owners of sole traders against the Robinson list on name and address, directly in your CRM or dialer, and you get a check receipt. Checking companies for advertising protection in the CVR register is available as an add-on by agreement.
Write to us and tell us which CRM you use, or see how a check works.
