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In Denmark, an AI agent may only make marketing calls to people and businesses who agreed beforehand. The Marketing Practices Act (markedsføringsloven § 10) requires prior consent for automated marketing calls to anyone, companies included. The Consumer Contracts Act (forbrugeraftaleloven § 4) also bans sales calls to consumers without their express request, even when a human calls.
This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.

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At a glance

No, not without prior consent. Markedsføringsloven § 10, stk. 1 bans direct marketing through “et automatisk opkaldssystem” (an automatic calling system) unless the person “har givet sit forudgående samtykke hertil” (has given prior consent). The rule protects businesses too. It covers “nogen” (anyone), so consumers, companies, and public authorities alike (Consumer Ombudsman). That goes beyond the EU minimum, so B2B automated calls need opt-in. An AI agent most likely counts as automated. The bill defines the term as systems “uden menneskelige indgreb” (without human intervention), then describes a recorded advertising message (LSF 40, 2016). No regulator or court has ruled on conversational AI agents. An AI agent that dials and talks on its own works without human intervention, so treat it as automated, even if a colleague monitors the call or can take over. This matters most for B2B calls and the exception sectors, since consumer sales calls need consent anyway.

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Cold calls by a human

Consumers. Forbrugeraftaleloven § 4, stk. 1 bans sales calls to consumers “uden forudgående anmodning herom” (without their prior request), whether they’re on Robinsonlisten or not. Promises made on such a call don’t bind the consumer (§ 5). Exceptions. Books, newspaper and magazine subscriptions, insurance, and rescue or ambulance subscriptions fall outside the ban (§ 4, stk. 2, and § 1, stk. 4). People on Robinsonlisten and people who objected stay off-limits (markedsføringsloven § 10, stk. 4). AI calls in these sectors still need consent. Businesses. You may call companies such as an A/S or ApS without consent (Consumer Ombudsman overview). Sole traders count as natural persons, so skip them if their business address is on Robinsonlisten or they objected. Don’t use numbers from the CVR business register when a company registered advertising protection (CVR-loven § 19).

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Existing customers and callback requests

No soft opt-in for calls. The customer exception in § 10, stk. 2 only covers email. Service calls, such as a warning about a planned outage, are fine, but selling on that call isn’t (Consumer Ombudsman). Callbacks. A consumer’s express request for a call is the consent the law asks for. Stay within the topic they asked about. A practical route is your own ads leading to a form where people ask for a callback by your AI agent.

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Do-not-call register: Robinsonlisten

Check the current list before human calls to sole traders or to consumers in the exception sectors. Consent overrides the list (§ 10, stk. 5). For AI calls you need consent anyway, so the list matters less, but respect every objection right away. Consent must be voluntary, specific, informed, and unambiguous (markedsføringsloven § 2, nr. 14). For consumers, it must also be an express request for a call. The Consumer Ombudsman’s guidance spells this out: Purchased leads fail often. The Consumer Ombudsman rejected bought consents in several electricity cases, most recently the ENLY police report of July 2026. Before you buy, ask for the consent text, the collection method, and the evidence per contact. Data protection. Where consumer law requires consent, Datatilsynet expects GDPR consent for the data processing too, collected at the same time (guidance). botBrains asks for consent evidence before automated campaigns. See before you start outbound campaigns.

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Tell callers they’re talking to an AI

Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. Danish law adds three duties at the start of a sales call:
  • Who and why. Give your name, the company you call for, and the commercial purpose (forbrugeraftaleloven § 11, stk. 3). For financial services, also name the person speaking and their link to the company (§ 14, stk. 3).
  • Right to object. On the first marketing call to a natural person, say clearly that they can refuse further marketing for free (markedsføringsloven § 10, stk. 6).
  • Recording. For financial services and insurance, say if you record the call (Act no. 723 of 2025, in force since June 19, 2026).
Recommended introduction for outbound marketing calls. Replace [emne] with the topic the person agreed to:
For inbound calls:
Use guidance to tell the AI agent how to handle a request not to call again, and a Unitool to write it to your CRM.

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Call recording

Criminal law. Straffeloven § 263, stk. 2 only punishes secret recording of conversations you don’t take part in. Recording your own calls isn’t a crime. Data protection. Datatilsynet’s guidance from April 2024 sets the rules: Say that you record, why, and on what legal basis, and link to details on your website. Datatilsynet suggests deleting recordings after about three months unless a dispute needs them. The botBrains default fits the quality model: the star key stops and discards the recording, and the transcript stays. Voice isn’t automatically biometric data. A recording only becomes biometric data when you process it to identify someone (GDPR Art. 4(14) and Art. 9). Recording and transcribing for quality doesn’t.

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Caller ID and calling hours

We found no Danish statute on calling hours or a special prefix for marketing calls. Persistent unwanted calls count as an aggressive practice (markedsføringsloven, annex 1, no. 26). The person you call sees your botBrains number, and botBrains provisions Danish numbers on request. botBrains doesn’t enforce calling hours, so schedule calls at reasonable times yourself.

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Sector rules

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Fines and enforcement

The Consumer Ombudsman (Forbrugerombudsmanden) enforces both acts and reports cases to the police. Courts or accepted fine notices set the fines, and both companies and directors can face them. There’s no fixed cap. Fines depend on severity, turnover, and the extent of the calls (markedsføringsloven § 37). We found no Danish case on AI agents or robocalls so far.

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Sources

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Next steps

Phone integration

Set up your phone line, introductions, and outbound calls.

Calling laws by country

Compare consent rules for AI calls across the EU, the UK, and the US.