DENMARK
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
Since July 2021, last amended in June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Act on Screening of Certain Foreign Direct Investments, etc. in Denmark (The Investment Screening Act) (LOV No. 842 af 10/05/2021. Lov om screening af visse udenlandske direkte investeringer m.v. i Danmark (investeringsscreeningsloven))
The Investment Screening Act covers foreign direct investments in Denmark. According to Art. 5 of the Act, foreign investors must apply for authorisation from the Danish Business Authority if they intend to directly or indirectly acquire at least 10% of the shareholdings or voting rights in a company or entity domiciled in Denmark, and the Danish company or entity belongs to particularly sensitive sectors in relation to national security or public order. Under Art. 6 of the Act, particularly sensitive sectors and activities in relation to national security or public order include companies involved in IT security functions, publicly accessible electronic communications networks and services, central data storage, satellite, radio and television transmission, central public digital identification, common public master data, including geodata, personal registration and central business registration, as well as critical technology, such as artificial intelligence for autonomous vessels and machine learning for biometric identification.
Pursuant to Art. 14, the Danish Business Authority may carry out further investigation if an investment has been made without authorisation in violation of the Act. The Authority can then either order the violation to be brought to an end, i.e. authorisation must be applied for within a specified period, or the investment must be stopped by a given date. Notification is voluntary for investments in other sectors that will achieve at least 25% of the shareholding or voting rights or equivalent controls by other means and where the investment may pose a threat to national security or public order (Art. 10).
Pursuant to Art. 14, the Danish Business Authority may carry out further investigation if an investment has been made without authorisation in violation of the Act. The Authority can then either order the violation to be brought to an end, i.e. authorisation must be applied for within a specified period, or the investment must be stopped by a given date. Notification is voluntary for investments in other sectors that will achieve at least 25% of the shareholding or voting rights or equivalent controls by other means and where the investment may pose a threat to national security or public order (Art. 10).
Coverage Critical sectors
Sources
- https://web.archive.org/web/20240303194059/https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Authorisation-or-notification-of-foreign-investment/
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240714141158/https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Particularly-sensitive-sectors-and-activities/
- https://web.archive.org/web/20220129034314/https://www.whitecase.com/publications/insight/foreign-direct-investment-reviews-2021-denmark
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20230604165158/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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DENMARK
Since January 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Consolidate Patents Act (2019) (LBK nr 90 af 29/01/2019 Patentloven)
Pursuant to Art. 11 of the Consolidate Patents Act (2019), the Patent and Trademark Office may invite the applicant to appoint a patent agent residing in the European Economic Area (EEA) to represent the applicant in all matters relating to the application. Moreover, it is reported that it is strongly recommended that foreign applicants prosecute the patent in Denmark through a local agent, a Danish registered patent attorney.
Coverage Horizontal
DENMARK
Since December 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Denmark is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
DENMARK
Since May 2001
Since June 1995, last amended August 2023
Since June 1995, last amended August 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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) |
Sub-pillar Adoption of the World Intellectual Property Organization (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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.93%
Coverage rate of zero-tariffs on ICT goods (%)
81.54%
Coverage: Digital goods
DENMARK
Since December 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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 |
Sub-pillar 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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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 |
Sub-pillar 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 |
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
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 |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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 Signatures.
Coverage Horizontal
CZECH REPUBLIC
Since July 2020
Since July 2004
Since July 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society (Zákon o některých službách informační společnosti a o změně některých zákonů č. 480/2004 Sb
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society (Zákon o některých službách informační společnosti a o změně některých zákonů č. 480/2004 Sb
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 Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbours (§ 5), and prohibition of general monitoring obligation (§ 6).
The Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbours (§ 5), and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20241205202150/https://wilmap.stanford.edu/country/czech-republic
- https://web.archive.org/web/20240419130334/https://wilmap.stanford.edu/entries/law-no-4802004-july-29-2004-some-services-information-society
- https://web.archive.org/web/20241105030346/https://www.mpo.gov.cz/en/e-communications-and-postal-services/postal-services/information-society-services/act-no--480-2004-coll---on-certain-information-so...
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