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
Since July 2021, last amended in June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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) |
Indicator 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) |
Indicator 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) |
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
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
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator 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 April 2019
Since December 2022, entry into force in January 2023
Since December 2022, entry into force in January 2023
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
Act No. 429/2022 Amending Act No. 121/2000 on Copyright, Rights Related to Copyright and Amending Certain Acts (Copyright Act), as amended, and Other Related Acts (Zákon č. 429/2022 Sb., kterým se mění zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon), ve znění pozdějších předpisů, a další související zákony)
Act No. 429/2022 Amending Act No. 121/2000 on Copyright, Rights Related to Copyright and Amending Certain Acts (Copyright Act), as amended, and Other Related Acts (Zákon č. 429/2022 Sb., kterým se mění zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon), ve znění pozdějších předpisů, a další související zákony)
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 Directive 2019/790, the Parliament has adopted the Act No. 429/2022 Coll., therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the Parliament has adopted the Act No. 429/2022 Coll., 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/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://www.e-sbirka.cz/sb/2022/429/2023-01-05?f=Act%20of%208%20December%202022%20amending%20Act%20No.%20121%2F2000%20Coll.,%20on%20copyright,%20on%20rights%20related%20to%20copyright%20and%20on%20ame...
- https://web.archive.org/web/20250716233204/https://www.create.ac.uk/cdsm-implementation-resource-page/
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CZECH REPUBLIC
Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2010, entry into force in May 2010, as amended in August 2022
Since April 2010, entry into force in May 2010, as amended in August 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Act No. 132/2010 Coll. on On-Demand Audiovisual Media Services (Zákon č. 132/2010 Sb. o audiovizuálních mediálních službách na vyžádání)
Act No. 132/2010 Coll. on On-Demand Audiovisual Media Services (Zákon č. 132/2010 Sb. o audiovizuálních mediálních službách na vyžádání)
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 the Czech Republic, the EU Directive was transposed into domestic law through the amendment of the Act on On-Demand Audiovisual Media Services of August 2022 (242/2022 Coll.). According to Section 7 of the Act, on-demand audiovisual media service providers must allocate at least 30% of the total number of programmes in their catalogues to European works and ensure these works are prominently featured. Notably, news programmes, sports events, and competition programmes are excluded from the total number of programmes used to calculate the share of European works.
In the Czech Republic, the EU Directive was transposed into domestic law through the amendment of the Act on On-Demand Audiovisual Media Services of August 2022 (242/2022 Coll.). According to Section 7 of the Act, on-demand audiovisual media service providers must allocate at least 30% of the total number of programmes in their catalogues to European works and ensure these works are prominently featured. Notably, news programmes, sports events, and competition programmes are excluded from the total number of programmes used to calculate the share of European works.
Coverage Broadcasting
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/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241105031226/https://www.zakonyprolidi.cz/cs/2010-132/zneni-20220915
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CZECH REPUBLIC
Reported in 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Reported conditions for data storage abroad
It is reported that, pursuant to Czech tax and financial record legislation, VAT invoices issued under Act No. 235/2004 Coll., the VAT Act, must be stored within the territory of the Czech Republic. However, storage abroad is permitted provided that immediate remote access is ensured. In such cases, the tax authorities must be notified in advance of the storage location.
Coverage Horizontal
CZECH REPUBLIC
Since April 2016, entry into force in May 2018
Since April 2019, last amended in August 2025
Since April 2019, last amended in August 2025
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Processing Act (Zákon No. 110/2019 Sb. on Zpracování Osobních Údajů)
Personal Data Processing Act (Zákon No. 110/2019 Sb. on Zpracování Osobních Údajů)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Personal Data Processing Act transposes the GDPR.
Coverage Horizontal
