DENMARK
Since May 2001
Since June 1995, last amended August 2023
Since June 1995, last amended August 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Ophavsretsloven)
Copyright Act (Ophavsretsloven)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
In general, the Danish copyright regulation corresponds to the scope of exceptions and limitations set out in the Copyright Directive. Accordingly, the three-step test originating in the Berne Convention applies to all the provided exceptions and limitations. Chapter 2 of the Danish Consolidate Act on Copyright contains a comprehensive list of copyright exceptions.
In general, the Danish copyright regulation corresponds to the scope of exceptions and limitations set out in the Copyright Directive. Accordingly, the three-step test originating in the Berne Convention applies to all the provided exceptions and limitations. Chapter 2 of the Danish Consolidate Act on Copyright contains a comprehensive list of copyright exceptions.
Coverage Horizontal
DENMARK
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Denmark have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
DENMARK
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Denmark have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
DENMARK
Since June 2016
Since April 2018
Since April 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Trade Secrets Act (2018) (LOV No. 309 af 25/04/2018- Lov om forretningshemmeligheder)
Trade Secrets Act (2018) (LOV No. 309 af 25/04/2018- Lov om forretningshemmeligheder)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In 2018, Denmark updated its Trade Secret Legislation. Trade secrets were previously protected in the Marketing Act, and in other laws, but as a consequence of the EU Trade Secrets Directive, the rules have largely been compiled into one law, the Trade Secrets Act. The new Act introduces a definition of trade secrets, legal remedies and compensation.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231229190141/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20241105130729/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/dk/dk230en.html
- https://web.archive.org/web/20220820030526/https://norrbomvinding.com/en/knowledge/news/introduction-of-bill-on-trade-secrets/
- https://web.archive.org/web/20240612150013/https://www.twobirds.com/en/insights/2021/denmark/implementation-of-the-trade-secrets-directive-some-comments-from-denmark
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DENMARK
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Denmark, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
DENMARK
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported Denmark does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation can be mandated in relation to certain price control mechanisms – only on SMP operators.
Coverage Telecommunications sector
DENMARK
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In March 2023, Denmark's Ministry of Defence banned TikTok from all official work devices, citing significant cybersecurity concerns. The decision followed an assessment by the Center for Cyber Security, part of the country's foreign intelligence service, which identified a risk of espionage due to the app's data access permissions. The Ministry emphasized that there was a very limited work-related need for the app and mandated its removal from all service phones and other official devices. In response, TikTok stated that the ban was implemented without citing specific security concerns or consulting the company.
Coverage TikTok
DENMARK
Since December 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act (2015) (Lov nr 1564 af 15/12/2015 Udbudsloven)
The Danish Public Procurement Act (part 1, section 3) states that a contracting authority shall treat economic operators or services from member states of the European Union or the European Economic Area equally to Danish economic operators and services. Economic operators and services from other countries shall also be treated equally to Danish operators, to the extent that this follows from international obligations incumbent on Denmark or the European Union.
Coverage Horizontal
DENMARK
Since March 2004, last amended in February 2014
Since December 2015
Since December 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act (2015) (Lov nr 1564 af 15/12/2015 Udbudsloven)
Public Procurement Act (2015) (Lov nr 1564 af 15/12/2015 Udbudsloven)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
Although the Danish Public Procurement Act has not directly included Art. 85 of the Utilities Directive (2014/25/EU), it states that contracting entities shall comply with the provisions of the Utilities Directive.
Although the Danish Public Procurement Act has not directly included Art. 85 of the Utilities Directive (2014/25/EU), it states that contracting entities shall comply with the provisions of the Utilities Directive.
Coverage Selected products including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20241205203506/https://www.retsinformation.dk/eli/lta/2015/1624
- https://web.archive.org/web/20220330033847/https://en.kfst.dk/media/54435/the-public-procurement-act.pdf
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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DENMARK
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that the Danish government actively encourages foreign investment based on the principle of national treatment and that there are no limits on foreign ownership.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240108235404/https://www.state.gov/reports/2023-investment-climate-statements/kingdom-of-denmark/
- https://web.archive.org/web/20230925234959/https://www.state.gov/reports/2022-investment-climate-statements/denmark/
- https://web.archive.org/web/20220929141008/https://www.dlapiper.com/~/media/files/insights/publications/2017/11/denmark.pdf
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DENMARK
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.02%
Coverage rate of zero-tariffs on ICT goods (%)
79.09%
Coverage: ICT goods
CZECH REPUBLIC
Since June 2014
Since December 1992, as amended in February 2016
Since December 1992, as amended in February 2016
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act No. 634/1992 Coll., Consumer Protection Act (634/1992 Sb. Zákon ze dne 16. prosince 1992 o ochraně spotřebitele)
Act No. 634/1992 Coll., Consumer Protection Act (634/1992 Sb. Zákon ze dne 16. prosince 1992 o ochraně spotřebitele)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented through an amendment of the Consumer Protection Act.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20211108202325/https://www.mpo.cz/assets/cz/ochrana-spotrebitele/pravni-predpisy-pro-ochranu-spotrebitele/2019/3/634-1992-Sb-aktualni-zneni_zverejneny_1.pdf
- https://web.archive.org/web/20241213155512/https://unctad.org/page/cyberlaw-tracker-country-detail?country=cz
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CZECH REPUBLIC
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
The Czech Republic has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The Czech Republic 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
