ESTONIA
Since April 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of effective protection of patents
It is reported by IP Agency Lasvet that court proceedings for patent litigation are often cumbersome and time-consuming, and that there is a lack of technical know-how on IP issues in the country's court system. This is despite the Directive 2004/48/EC on the enforcement of intellectual property rights states that Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays. Estonia transposed the Directive through a series of amendments to existing legislation in 2006.
Coverage Horizontal
ESTONIA
Since March 2004, last amended in February 2014
Since September 2017, last amended in 2019
Since September 2017, last amended in 2019
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 (Riigihangete seadus)
Public Procurement Act (Riigihangete seadus)
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. In Estonia, the Directive has been transposed with the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
ESTONIA
Since September 2017, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act (Riigihangete seadus)
The Public Procurement Act (PPA) 2017 § 11 (1) provides for a general principle (2) that the contracting authority treats the following entities equally: all persons whose place of residence or seat is in: Estonia, in another Member State of the European Union, in another contracting state of the European Economic Area, or signatory of the WTO Government Procurement Agreement. Therefore, other countries are not given the same treatment.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Coverage Horizontal
ESTONIA
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Estonia, especially for foreign bidders, including with respect to overly narrow definitions of tenders, and implicit biases in favor of local vendors and state-owned enterprises.
Coverage Horizontal
DENMARK
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
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
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
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 |
Sub-pillar Adoption of 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
Since June 2014
Since July 2017
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)
Act on Marketing Practices (Act No. 426 of May 3, 2017)
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
Reported since 2011
Pillar Online sales and transactions |
Sub-pillar 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 without an establishment in Denmark that pay VAT on goods and services in Denmark are also required to register.
Coverage Online payments
Sources
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2016-och-aldre/publ-online-trade-offline-rules.pdf
- https://www.about-payments.com/knowledge-base/method/dankort
- https://www.dankort.dk/en/support/erhverv/rules-e-commerce/
- https://businessindenmark.virk.dk/myndigheder/stat/ERST/selvbetjening/Registration_of_Non-Danish_Company__Start_-_40112/
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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, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
The EU directive on Audiovisual Media Services
Act Amending Radio and Television Act and the Film Act
Act Amending Radio and Television Act and the Film Act
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
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.
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://www.obs.coe.int/en/web/observatoire/home/-/asset_publisher/9iKCxBYgiO6S/content/which-eu-countries-have-transposed-the-avmsd-into-national-legislation
- https://rm.coe.int/european-works-mapping/16809333a5
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
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DENMARK
Since July 2020
Since 2002
Since 2002
Pillar Intermediary liability |
Sub-pillar Safe harbor 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)
Law on Information Society Services, including certain aspects of electronic commerce (E-Commerce Act)
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 harbor. 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).
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
Sources
- https://www.retsinformation.dk/eli/lta/2002/227
- https://www.consumerombudsman.dk/media/14560/ecommerce-00-pdf.pdf
- https://uk.practicallaw.thomsonreuters.com/Document/I16f43ed37bcb11e598dc8b09b4f043e0/View/FullText.html?transitionType=CategoryPageItem&contextData=(sc.Default)&navId=C6AFEF257B040530060563357AA5394F...
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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DENMARK
Reported in 2012
Pillar Intermediary liability |
Sub-pillar User identity requirement
Danish identification number for mobile and internet subscription
Customers who want to purchase an internet or mobile broadband subscription need to provide a Danish personal identification number (CPR). Foreign residents receive their Danish identity number with their residence permit or municipal registration.
Coverage Internet intermediaries
DENMARK
Since 2019
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Act on the Center for Cybersecurity
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 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 the 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 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 the 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 2002
Since 2002
Pillar Intermediary liability |
Sub-pillar Safe harbor 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)
Law on Information Society Services, including certain aspects of electronic commerce (E-Commerce Act)
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 harbor. 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).
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
Sources
- https://www.retsinformation.dk/eli/lta/2002/227
- https://www.consumerombudsman.dk/media/14560/ecommerce-00-pdf.pdf
- https://uk.practicallaw.thomsonreuters.com/Document/I16f43ed37bcb11e598dc8b09b4f043e0/View/FullText.html?transitionType=CategoryPageItem&contextData=(sc.Default)&navId=C6AFEF257B040530060563357AA5394F...
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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DENMARK
Since 2006
In 2014
Since 2006, last amended in 2022
Since 2002, last amended in 2022
In 2014
Since 2006, last amended in 2022
Since 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)
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)
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 which implemented the Directive have been overturned.
The Data Retention order, sections 5(1) and 5(2), requires 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 or 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.
The Data Retention order, sections 5(1) and 5(2), requires 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 or 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://www.retsinformation.dk/eli/lta/2022/381
- https://www.retsinformation.dk/eli/lta/2021/1835
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://edri.org/our-work/edrigramnumber6-2privacy-denmark-2007/
- https://edri.org/our-work/denmark-data-retention-stay-despite-cjeu-ruling/
- https://clfr.globalnetworkinitiative.org/country/denmark/
- https://edri.org/our-work/danish-data-retention-back-to-normal-after-major-crisis/
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