Webshop and retail: legal requirements in 2026

If you sell goods online or in a physical shop in Denmark, there are a number of legal requirements you are obliged to comply with. Many e-commerce owners discover too late that they lack the right legal documents, and the consequences can be complaints, orders, fines and lost customers.

This guide reviews the essential legal requirements for webshops and retail in Denmark in 2026, from terms and conditions and the right of withdrawal to GDPR and the cookie policy.

The Consumer Contracts Act's requirements for webshops

Webshops sell to consumers at a distance, and this triggers a number of legal requirements under the Consumer Contracts Act, which implements the EU Consumer Rights Directive in Danish law.

The duty to inform before purchase

Before a consumer completes a purchase on your webshop, you must clearly state:

• The full price including VAT and all fees
• That clicking the order button obliges the customer to pay
• Delivery time and delivery terms
• Payment methods
• The right of withdrawal and its conditions
• Complaint options (the Consumer Complaints Board)
• Your company's name, address and CVR number

Missing information can extend the withdrawal period and give the consumer further options.

Terms and conditions: the most important document for your webshop

The terms and conditions (terms of sale and delivery) are your webshop's basic legal document. They define the relationship between you and your customers and protect you against uncertainty and unreasonable claims.

A complete set of webshop terms should cover:

Seller information:

• Company name, address, CVR number and contact details

Products and prices:

• When an order is binding
• Reservations for misprints and sold-out goods
• Any price guarantee or reservation

Delivery:

• Delivery time and method
• Who bears the risk for the goods during delivery
• What happens on late delivery

Payment:

• Accepted payment methods
• When payment is charged
• What happens on a failed payment

Right to complain (defects):

• The 2-year complaint right under the Sale of Goods Act
• The procedure for complaints
• What the complaint right covers (faults and defects, not normal wear)

Right of withdrawal:

• 14-day right of withdrawal (see below)
• Which goods are exempt
• The procedure and return costs

Complaints and dispute resolution:

• The Consumer Complaints Board

Right of withdrawal: the rules you should know

The right of withdrawal is one of the most frequent causes of disputes between webshops and customers.

The 14-day right of withdrawal

Consumers have the right to withdraw from a distance purchase within 14 days without giving a reason. The period begins:

• For goods: from the day the consumer receives the goods (or the last delivered item for partial deliveries)
• For services and digital content: as a rule from the conclusion of the agreement

If you have not informed correctly about the right of withdrawal, the period is extended by up to 12 months.

What is exempt from the right of withdrawal?

Certain categories of goods are exempt, including:

• Custom-made or personalised goods
• Sealed audio, video or software that has been opened
• Fresh and perishable goods
• Digital content delivered with the consumer's express consent before the withdrawal period expires
• Sealed hygiene products that have been opened

Remember to state the exemptions clearly, otherwise you risk being liable for a right of withdrawal you were not otherwise obliged to give.

Return costs

As a rule, the consumer bears the return costs, but only if you have clearly informed them before the purchase. If you have not, you must pay for the return yourself.

Cookie policy and consent

If your webshop uses cookies, and almost all webshops do via statistics, marketing and functional cookies, you are obliged to obtain informed consent under the cookie order and the data protection rules.

The requirements for your cookie banner

A lawful cookie consent requires:

• That the user actively accepts non-essential cookies (pre-ticked boxes are not allowed)
• That the user can reject all non-essential cookies as easily as they can accept them
• That the consent is recorded and can be documented
• That the user can withdraw consent at any time

Cookies that are strictly necessary for the webshop to function (for example basket cookies) do not require consent.

The cookie policy

In addition to the consent banner, you must have a cookie policy that explains:

• Which cookies you use
• What they are used for (function, statistics, marketing)
• Who sets them (third parties such as Google, Meta and others)
• How long they are stored
• How the user can opt out

Privacy policy and GDPR

Your webshop collects personal data: names, addresses, e-mails, order history and IP addresses. GDPR requires full transparency about this processing.

A GDPR-compliant privacy policy must state:

• Who the data controller is (company name, address, contact details)
• What data is collected
• For what purposes (order handling, marketing, statistics, legal requirements)
• The legal basis for the processing (contract, consent, legitimate interest)
• The storage period
• Which third parties you share data with (payment gateway, carrier, e-mail platform)
• Any transfer to third countries
• The data subjects' rights: access, rectification, erasure, data portability and objection

Newsletters and e-mail marketing

If you send newsletters, this as a rule requires prior consent under the Marketing Practices Act and an easy way to unsubscribe. Remember:

• To keep documentation of the consent (when, and what the form said)
• To avoid pre-ticked sign-up
• That the unsubscribe link works simply

Data-processing agreements with suppliers

If you use third-party services to run your webshop, for example a payment gateway, a shipping integration, an e-mail platform or an e-commerce platform, these suppliers are your data processors. You must have a valid data-processing agreement with them. Most large suppliers offer a standardised data-processing agreement in their terms, but check it actively.

Labelling requirements and product rules

Product labelling

If you sell physical goods, product-specific labelling requirements can apply:

• CE marking: mandatory for, among other things, electrical products, toys and personal protective equipment
• Textiles: fibre content and washing instructions
• Food: ingredients, allergens and nutritional declaration under the food rules
• Cosmetics: the EU Cosmetics Regulation with ingredient labelling and a safety assessment

A breach of product requirements can lead to, among other things, orders or the recall of products from the relevant authorities, for example the Danish Safety Technology Authority for product safety.

Price labelling

The price must appear clearly, including VAT. If you use reduced prices or sales, the "prior price" rule applies: on a price reduction, you must state the lowest price you have used within the last 30 days before the reduction. The rule follows from the Marketing Practices Act and was introduced in 2022 as part of the implementation of the EU Modernisation Directive (the Omnibus Directive).

Special points for physical retail

Right of withdrawal in a shop

There is no statutory right of withdrawal for a purchase in a physical shop. The right of withdrawal only applies to distance sales and agreements concluded away from the seller's business premises. Many shops offer a voluntary exchange guarantee, however, and if you promise it, you are bound by it.

Right to complain

The 2-year complaint right applies fully to physical trade. Make sure your staff know the rules, and avoid wording such as "we do not exchange goods", because a complaint is a right, not a service.

Documentation of sales

Customers can ask for a receipt. Businesses must also be able to document their sales under the Bookkeeping Act, and certain sectors are covered by a requirement for a digital sales registration system (a digital cash register).

Handling complaints and dispute resolution

If your webshop receives complaints, you should handle them fairly and quickly. If you cannot reach agreement with the customer, the consumer can complain to the Consumer Complaints Board via forbrug.dk.

Note that the EU ODR platform (Online Dispute Resolution) was closed on 20 July 2025, and the former obligation to link to the platform has therefore fallen away. You should remove any old link to the ODR platform from your webshop and your e-mails. The obligation to inform consumers about their complaint options remains, however, and for cross-border trade you can refer to the European Consumer Centre (the Danish office in the network of European Consumer Centres).

Checklist: legal requirements for your webshop in 2026

• Terms and conditions with all mandatory information
• The right of withdrawal communicated clearly (including exemptions and the return procedure)
• A cookie policy and a lawful cookie consent
• A privacy policy under GDPR
• Newsletter sign-up with correct consent
• Data-processing agreements with suppliers
• Information about complaint options (the Consumer Complaints Board)
• Correct price labelling with VAT and the prior price on reductions
• Product labelling under the product-specific requirements

Frequently asked questions

What does it cost to have incorrect terms and conditions?

The Consumer Ombudsman supervises the Marketing Practices Act and can issue orders and, in serious cases, bring cases that can lead to fines. In addition, incorrect terms can mean that you are bound by conditions more favourable to the customer than intended, for example having to pay return shipping or an extended withdrawal period.

Must my cookie policy be updated if I add new services?

Yes. If you add new cookies, for example a new statistics tool or a tracking pixel, the cookie policy must be updated, and existing users should have the opportunity to reconsider their consent.

Can I use English terms and conditions for Danish customers?

Terms in consumer relationships must be communicated in a way the customer can understand. For a Danish audience, Danish is strongly recommended, as English terms can be set aside if the consumer could not be expected to understand them.

Does GDPR apply regardless of company size?

Yes. GDPR applies to all companies that process personal data, regardless of size. There are, however, certain lighter requirements for smaller companies, for example for the record of processing activities.

Conclusion

Running a webshop in Denmark requires more than a good product and a nice website. It requires the right legal foundation. Terms and conditions, the right of withdrawal, a cookie policy and GDPR compliance are not optional. The correct documents protect you against complaints, orders and lost disputes and signal professionalism to your customers.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer for advice on your specific situation.