DJIBOUTI
Since March 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 13/AN/98/4ème L on the Separation of Post and Telecommunications (Loi No. 13/AN/98/4ème L Portant Séparation de la Poste et des Télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned, has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241204200858/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://web.archive.org/web/20210713161431/https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://web.archive.org/web/20220526133633/https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://web.archive.org/web/20231002191925/https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://web.archive.org/web/20240302043716/https://2009-2017.state.gov/documents/organization/227156.pdf
- https://web.archive.org/web/20221014234414/https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Since September 1992
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/AN/92 2nd L of September 15, 1992 Relating to Freedom of Communication (Loi No. 2/AN/92 2ème L du 15 septembre 1992 Relative à la Liberté de la Communication)
According to Art. 14 of the 1992 Freedom of Communication Law, participants in the financial management of any press body must be citizens of Djibouti. Section 2 states that the law applies to all forms and modes of social communication, including audiovisual communication companies. In addition, according to Art. 17, the director and deputy director of any media outlet must be a resident of Djibouti.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
Coverage Media sector
DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in the Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity as including e-commerce.
Coverage Horizontal
DENMARK
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2020
Since July 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
The EU directive on Audiovisual Media Services
Order No 1159 of 18 June 2020 - Order on Registration-Based Programme Activities (BEK nr 1159 af 18. juni 2020 - Bekendtgørelse om Programvirksomhed på Grundlag af Registrering)
Order No 1159 of 18 June 2020 - Order on Registration-Based Programme Activities (BEK nr 1159 af 18. juni 2020 - Bekendtgørelse om Programvirksomhed på Grundlag af Registrering)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Denmark, the EU Directive was transposed into domestic law through Order No. 1159 on Program Activities Based on Registration, issued in June 2020. According to Art. 14 of the Order, providers of on-demand audiovisual media services must ensure that European programmes, as outlined in Annex 1, comprise at least 30% of their catalogues. Although Denmark has not yet implemented financial contribution obligations for VOD service providers, a bill (Bill for an Act on Cultural Contribution) is currently in progress and is expected to be approved to address these requirements.
The EU directive on Audiovisual Media Services was adopted into Danish Law through the Act amending the Radio and Television Act and the Film Act. It came into force on 1 July 2020. The main points from the legislative proposal are implemented in 12 ministerial orders that are drafted subject to the Danish Radio and Television Broadcasting Act and the legislative proposal and entered into force by 15 September. Broadcasters shall endeavour to ensure that more than half of their transmission time (excluding the time allotted to news, sports events, competitions and Teletext services) is reserved for European works. Video on Demand services shall promote, where practicable and by appropriate means, the production of and access to European works.
In Denmark, the EU Directive was transposed into domestic law through Order No. 1159 on Program Activities Based on Registration, issued in June 2020. According to Art. 14 of the Order, providers of on-demand audiovisual media services must ensure that European programmes, as outlined in Annex 1, comprise at least 30% of their catalogues. Although Denmark has not yet implemented financial contribution obligations for VOD service providers, a bill (Bill for an Act on Cultural Contribution) is currently in progress and is expected to be approved to address these requirements.
The EU directive on Audiovisual Media Services was adopted into Danish Law through the Act amending the Radio and Television Act and the Film Act. It came into force on 1 July 2020. The main points from the legislative proposal are implemented in 12 ministerial orders that are drafted subject to the Danish Radio and Television Broadcasting Act and the legislative proposal and entered into force by 15 September. Broadcasters shall endeavour to ensure that more than half of their transmission time (excluding the time allotted to news, sports events, competitions and Teletext services) is reserved for European works. Video on Demand services shall promote, where practicable and by appropriate means, the production of and access to European works.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241213154317/https://www.retsinformation.dk/api/pdf/214329
- https://web.archive.org/web/20240924132201/https://merlin.obs.coe.int/article/9952
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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DENMARK
Reported in 2011, last reported in 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Accessibility of Dankort as payment method
Dankort (often in combination with Visa) is the most popular debit card and payment method in Denmark. Approximately 80% of the population owns and uses Dankort. There is an obligation to provide a Danish registration number (CVR) in order to be able to offer Dankort as an (online) payment method. Foreign companies supplying services or products in Denmark must be registered with the Danish Business Authority and will thus have a CVR. Foreign companies that do not have establishments in Denmark and pay VAT on goods and services in Denmark are also required to register.
Coverage Online payments
Sources
- https://web.archive.org/web/20220119190545/https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2016-och-aldre/publ-online-trade-offline-rules.pdf
- https://web.archive.org/web/20231130151717/https://www.about-payments.com/knowledge-base/method/dankort
- https://web.archive.org/web/20241213154633/https://dankort.dk/en-GB/support-erhverv
- https://web.archive.org/web/20211027192940/https://businessindenmark.virk.dk/myndigheder/stat/ERST/selvbetjening/Registration_of_Non-Danish_Company__Start_-_40112/
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DENMARK
Since June 2014
Since July 2017
Since July 2017
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act on Marketing Practices.
Coverage Horizontal
DENMARK
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Denmark has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DENMARK
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Denmark has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
DENMARK
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Denmark has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
DENMARK
Since April 2019
Since June 1995, as amended in June 2021
Since June 1995, as amended in June 2021
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Copyright Act (Ophavsretsloven)
Copyright Act (Ophavsretsloven)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters) under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Arts. 15-17 of the Directive 2019/790, Denmark has adopted the Law amending the Copyright Act (L 205), therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Arts. 15-17 of the Directive 2019/790, Denmark has adopted the Law amending the Copyright Act (L 205), therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20200715101343/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20240505211202/https://www.ft.dk/samling/20201/lovforslag/l205/20201_l205_som_vedtaget.htm
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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DENMARK
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Danish Business Authority (DBA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231229115331/https://danishbusinessauthority.dk/
- https://web.archive.org/web/20230324121408/https://www.co-val.eu/case-studies/blog/project/the-danish-business-authority-dba/
- https://web.archive.org/web/20250308231103/https://datahub.itu.int/data/?i=100088&s=3109&e=DNK
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DENMARK
Since February 2022, last amended in March 2025
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Executive Order No. 220 of 11 February 2022 (BEK nr 220 af 11/02/2022)
Section 1 of Executive Order No. 220 mandates that critical public-sector information systems be hosted within national borders. Specifically, it stipulates that the IT systems enumerated in Annex 1 must be operated and stored domestically, within Denmark. These systems include: DeMars, Digital Post, MitID, NemLog-in3, Statens Lønløsning, the Rigspolitiets centrale systemportefølje, the fællesoffentlige Datafordeler, and the CPR-systemet.
Coverage Public sector
DENMARK
Since April 2016, entry into force in May 2018
Since May 2018, last amended in 2024
Since May 2018, last amended in 2024
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act No. 289 of 8 March 2024, on Promulgation of the Act on Supplementary Provisions to the Regulation on the Protection of Natural Persons in Connection with the Processing of Personal Data and on the Free Exchange of Such Information (Data Protection Act) (LBK nr 289 af 08/03/2024 - Bekendtgørelse af lov om supplerende bestemmelser til forordning om beskyttelse af fysiske personer i forbindelse med behandling af personoplysninger og om fri udveksling af sådanne oplysninger (databeskyttelsesloven))
Act No. 289 of 8 March 2024, on Promulgation of the Act on Supplementary Provisions to the Regulation on the Protection of Natural Persons in Connection with the Processing of Personal Data and on the Free Exchange of Such Information (Data Protection Act) (LBK nr 289 af 08/03/2024 - Bekendtgørelse af lov om supplerende bestemmelser til forordning om beskyttelse af fysiske personer i forbindelse med behandling af personoplysninger og om fri udveksling af sådanne oplysninger (databeskyttelsesloven))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Denmark implemented the GDPR through "Act No. 502 of 23 May 2018 on Supplementary Provisions to the Regulation on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data". Changes have since been introduced, and as of 2024, "Act No. 289 of 8 March 2024 on Promulgation of the Act on Supplementary Provisions to the Regulation on the Protection of Natural Persons in Connection with the Processing of Personal Data and on the Free Exchange of Such Information" came into effect and was published on 8 March 2024.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250128195041/https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- https://web.archive.org/web/20250128204237/https://www.datatilsynet.dk/media/7753/danish-data-protection-act.pdf
- https://web.archive.org/web/20250819153522/https://www.retsinformation.dk/eli/lta/2024/289
- https://web.archive.org/web/20250819155624/https://www.dataguidance.com/jurisdictions/denmark?topic=notes
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DENMARK
Since May 2006
In April 2014
Since September 2006, last amended in 2022
Since June 2002, last amended in 2022
In April 2014
Since September 2006, last amended in 2022
Since June 2002, last amended in 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Executive Order on the Retention and Storage of Traffic Data by Providers of Electronic Communications Networks and Services (The Data Retention Order)
Administration of Justice Act (Act No. 378 of 6 June 2002) (Lov nr 378 af 06/06/2002 om ændring af straffeloven, retsplejeloven, lov om konkurrence- og forbrugerforhold på telemarkedet, våbenloven, udleveringsloven samt lov om udlevering af lovovertrædere til Finland, Island, Norge og Sverige)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Executive Order on the Retention and Storage of Traffic Data by Providers of Electronic Communications Networks and Services (The Data Retention Order)
Administration of Justice Act (Act No. 378 of 6 June 2002) (Lov nr 378 af 06/06/2002 om ændring af straffeloven, retsplejeloven, lov om konkurrence- og forbrugerforhold på telemarkedet, våbenloven, udleveringsloven samt lov om udlevering af lovovertrædere til Finland, Island, Norge og Sverige)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
Sections 5.1 and 5.2 of the Data Retention order require network operators or service providers to retain the following data about a user's access to the internet for one year:
- the assigned user identity;
- the telephone number assigned to communications as part of the public electronic communications network;
- the name and address of the subscriber or registered user to whom an IP address, user identity or telephone number was assigned at the time of communication; and
- the time of the beginning and the end of a communication.
Providers of electronic communications networks or service providers that offer wireless access to the Internet shall also record information on the precise geographical or physical location of the local network and the identity of the communications equipment used (Section 5.2).
This is reiterated in Section 786, paragraph 4, of the Administration of Justice Act, which states that providers of telecommunications networks or services shall be obliged to record and retain for one-year information on telecommunications traffic for the purpose of investigating and prosecuting criminal offences.
Sections 5.1 and 5.2 of the Data Retention order require network operators or service providers to retain the following data about a user's access to the internet for one year:
- the assigned user identity;
- the telephone number assigned to communications as part of the public electronic communications network;
- the name and address of the subscriber or registered user to whom an IP address, user identity or telephone number was assigned at the time of communication; and
- the time of the beginning and the end of a communication.
Providers of electronic communications networks or service providers that offer wireless access to the Internet shall also record information on the precise geographical or physical location of the local network and the identity of the communications equipment used (Section 5.2).
This is reiterated in Section 786, paragraph 4, of the Administration of Justice Act, which states that providers of telecommunications networks or services shall be obliged to record and retain for one-year information on telecommunications traffic for the purpose of investigating and prosecuting criminal offences.
Coverage Telecommunications sector
Sources
- https://www.retsinformation.dk/eli/lta/2006/988
- https://web.archive.org/web/20241213153508/https://www.retsinformation.dk/api/pdf/230123
- https://web.archive.org/web/20241213153626/https://www.retsinformation.dk/api/pdf/224595
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20240105004010/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://web.archive.org/web/20240616034803/https://edri.org/our-work/edrigramnumber6-2privacy-denmark-2007/
- https://web.archive.org/web/20240924102243/https://edri.org/our-work/denmark-data-retention-stay-despite-cjeu-ruling/
- https://web.archive.org/web/20230924144810/https://clfr.globalnetworkinitiative.org/country/denmark/
- https://web.archive.org/web/20240223194206/https://edri.org/our-work/denmark-data-retention-stay-despite-cjeu-ruling/
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DENMARK
Since August 2019
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Act on the Center for Cybersecurity (Bekendtgørelse af lov om Center for Cybersikkerhed)
The Center for Cybersecurity may initiate lawful interception without a court order under Act No. 713 of 26 June 2014 on the Center of Cybersecurity. According to Chapter 4 of the Act, the Cybersecurity Centre's network security service may process traffic data, packet data and stationary data originating from authorities and enterprises that are connected to the Network Security Service without a court order, with a view to supporting a high level of information security in society. This includes the processing of personal data.
The Centre for Cybersecurity may only process, without a warrant, stationary data from an authority or undertaking that is connected to the Network Security Service when (1) the authority or undertaking has requested the assistance of the Cyber Security Centre, made the stationary data available to the network security service and given its written consent to the processing; and (2) the processing is deemed to contribute to supporting a high level of information security in society.
It is reported that a large number of public and private bodies can be requested to become part of the Network Security Service. The highest state bodies and state authorities may be connected to the network security service upon request. Additionally, the Centre for Cyber Security may require enterprises of a particularly public nature and regions and municipalities to be connected to the network security service for the purpose of monitoring network communications. The order may only cover those parts of the company, region or municipality that are of significant importance to Denmark's critical infrastructure. At least every six months, the Centre for Cyber Security must assess whether an injunction should be maintained.
The Center for Cybersecurity is exempted from the Danish Data Protection Act and Regulation 2016/679/EU on the protection of personal data, as well as parts of the Administrative Procedure Act and the Openness of Government Act.
The Centre for Cybersecurity may only process, without a warrant, stationary data from an authority or undertaking that is connected to the Network Security Service when (1) the authority or undertaking has requested the assistance of the Cyber Security Centre, made the stationary data available to the network security service and given its written consent to the processing; and (2) the processing is deemed to contribute to supporting a high level of information security in society.
It is reported that a large number of public and private bodies can be requested to become part of the Network Security Service. The highest state bodies and state authorities may be connected to the network security service upon request. Additionally, the Centre for Cyber Security may require enterprises of a particularly public nature and regions and municipalities to be connected to the network security service for the purpose of monitoring network communications. The order may only cover those parts of the company, region or municipality that are of significant importance to Denmark's critical infrastructure. At least every six months, the Centre for Cyber Security must assess whether an injunction should be maintained.
The Center for Cybersecurity is exempted from the Danish Data Protection Act and Regulation 2016/679/EU on the protection of personal data, as well as parts of the Administrative Procedure Act and the Openness of Government Act.
Coverage Horizontal
Sources
- https://web.archive.org/web/20201003094932/https://www.retsinformation.dk/eli/lta/2019/836
- https://web.archive.org/web/20240224025304/https://edri.org/our-work/danish-government-plans-create-center-cybersecurity-privacy-invasive-powers/
- https://web.archive.org/web/20231002005113/https://privacyinternational.org/sites/default/files/2017-12/Denmark_PI_UPR%20Stakeholder_submission_FINAL.pdf
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