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DENMARK

Since June 2014
Since July 2017

Pillar Online sales and transactions  |  Sub-pillar 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)
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  |  Sub-pillar Ratification of the United Nations (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

Since April 2019
Since June 1995, as amended in June 2021

Pillar Intermediary liability  |  Sub-pillar 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)
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.
Coverage Online content sharing service

DENMARK

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar 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)
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.
Coverage On-demand audiovisual service

DENMARK

Since January 2012

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

DENMARK

Since May 2018
Since June 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
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 (the Data Protection Act) (LOV nr 502 af 23/05/2018 - Lov om supplerende bestemmelser til forordning om beskyttelse af fysiske personer i forbindelse med behandling af personoplysninger og om fri udveksling af sådanne oplysninger (databeskyttelse sloven))

Danish Executive Order No. 1104 of 30 June 2020 (BEK nr 1104 af 30/06/2020)
Section 3(9) of the Danish Data Protection Act mandates the Minister of Justice to lay down rules requiring that personal data processed in specific IT systems, which are held for public administration, must be kept in whole or in part in Denmark. In 2020, the Danish Minister of Justice issued Danish Executive Order No. 1104 of 30 June 2020, which states that the following IT systems shall be maintained in Denmark:
- DeMars: the Defence Management and Resource Control System;
- Digital Post: the system to digitally provide all posts from Danish authorities to citizens;
- MitID: Denmark’s digital ID;
- NemLog-in3: online public self-service solutions;
- Statens Lønløsning: the systems to manage salary and pension payments to all government employees.
Coverage Certain IT systems held for the public administration

DENMARK

Since April 2016, entry into force in May 2018
Since May 2018

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

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 (the Data Protection Act) (LOV nr 502 af 23/05/2018 - Lov om supplerende bestemmelser til forordning om beskyttelse af fysiske personer i forbindelse med behandling af personoplysninger og om fri udveksling af sådanne oplysninger (databeskyttelse sloven))
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.
Coverage Horizontal

DENMARK

Since May 2006
In April 2014
Since September 2006, last amended in 2022
Since June 2002, last amended in 2022

Pillar Domestic data policies  |  Sub-pillar 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)
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.
Coverage Telecommunications sector
Sources

DENMARK

Since August 2019

Pillar Domestic data policies  |  Sub-pillar 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.
Coverage Horizontal

DENMARK

Since July 2020
Since April 2002

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Information Society Services, including certain aspects of Electronic Commerce (E-Commerce Act) (Lov om tjenester i informationssamfundet, herunder visse aspekter af elektronisk handel)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Danish E-Commerce Act implemented the E-Commerce Directive's specific rules on liability for intermediaries. Internet intermediaries generally do not need to monitor the content of a website they host, according to the Danish E-commerce Act. However, an internet intermediary must remove illicit information as soon as it becomes aware of it (section 16).
Coverage Internet Intermediaries

DENMARK

Since July 2020
Since April 2002

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Information Society Services, including certain aspects of Electronic Commerce (E-Commerce Act) (Lov om tjenester i informationssamfundet, herunder visse aspekter af elektronisk handel)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Danish E-Commerce Act implemented the E-Commerce Directive's specific rules on liability for intermediaries. Internet intermediaries generally do not need to monitor the content of a website they host, according to the Danish E-commerce Act. However, an internet intermediary must remove illicit information as soon as it becomes aware of it (section 16).
Coverage Internet Intermediaries

DENMARK

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)
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

DENMARK

Since May 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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

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