JD Supra (JD Supra Denmark)

1 TYPES OF BUSINESS ENTITIES - There are several forms of business entities in Denmark and there are a wide range of possibilities for establishing a business entity in Denmark. The most suitable entity depends on a variety of factors, such as nature of the business, the expected activity level, the extent of liability and tax matters. The following will review different possibilities of...

1 TYPES OF BUSINESS ENTITIES - There are several forms of business entities in Denmark and there are a wide range of possibilities for establishing a business entity in Denmark. The most suitable entity depends on a variety of factors, such as nature of the business, the expected activity level, the extent of liability and tax matters. The following will review different possibilities of...

1 TYPES OF BUSINESS ENTITIES - There are several forms of business entities in Denmark and there are a wide range of possibilities for establishing a business entity in Denmark. The most suitable entity depends on a variety of factors, such as nature of the business, the expected activity level, the extent of liability and tax matters. The following will review different possibilities of...

The EDPB has issued recommendations concerning how organisations may lawfully transfer personal data from Europe to “third countries” (e.g., the U.S. and currently the UK from 1.1.2021) in light of the recent Schrems II judgment. The European Commission has also now finally released new draft SCCs bringing them up to date with the EU General Data Protection Regulation (GDPR). Since the Schrems

A. Is there any pending legislation that could materially alter applicable statutes or regulations? On January 1, 2018, a four-year medicinal cannabis pilot program (the Programme) was introduced. The Programme is governed by the Danish Act no. 1668/2017 on the Medicinal Cannabis Pilot Programme, as amended (the Act). Parallel to the Programme, a four-year development scheme was also...

The Supreme Court of Denmark has decided a case in which an employer was unable to claim a refund of sickness benefits from the municipality because the employee had failed to complete forms required by the municipality.

The Maritime and Commercial High Court in Denmark ruled on the approach that employers can take when calculating compensation for loss of commission during holiday.

The first installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. The law institutes new reporting requirements for foreign investors.

On March 14, 2020, the Danish Government and the social partners reached an agreement on partial salary compensation for Danish companies, which are or will be temporarily releasing their employees from work with full pay (the “Salary Compensation Scheme”).

Danish Data Protection Authority Datatilsynet weighs in on the Coronavirus and GDPR: What an employer can ask the employee to disclose and what the employee is obliged to disclose are issues that are governed by employment law rules and any public law rules on health, etc...

A Case of Double Discrimination - Precedential Decision by Judiciary or Regulatory Agency - A Danish district court has confirmed that the dismissal of a female wheelchair user who had just returned from maternity leave contravened both the Anti-Discrimination Act and the Act on Equal Treatment of Men and Women.

1. TYPES OF BUSINESS ENTITIES - There are several forms of business entities in Denmark and there are a wide range of possibilities for establishing a business entity in Denmark. The most suitable entity depends on a variety of factors, such as the nature of the business, the expected activity level, the extent of liability, and tax matters. The following will review different possibilities of

Q1/ Applicable legislation (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed, and old legislation has been amended. ——— (b) Relevant legislation includes: Databeskyttelsesloven (the “Data Protection Act”) Date in force: 25 May 2018...

In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48 (the “enforcement directive”) and whether article 9(7) precludes a national legislation that provides that a party should not be compensated for the losses suffered by him if

The auto-complete function is not prohibited by GDPR, says the Danish data protection authority. The search function suggested certain search suggestions automatically including the complainant’s name.

It is the assessment of the legislators that the injury concept had become too narrow in practice, since injuries not requiring treatment to heal, pass or be reduced cannot be recognized as “industrial injuries.” The new Act – which comes into force on January 1, 2020 – specifically sets out that “temporary” injuries may also be recognized as “industrial injuries.”

If you watch Dateline, 20/20, 48 Hours or any other news program that covers notable crime stories, one trend has become more and more common – the use of cell phone/mobile device geolocation data to put alleged criminals at the scene of the crime (or at least very close to it). We consider these devices – and the geolocation data obtained from them – to be highly accurate and important evidence

The Danish Data Protection Authority has changed its position regarding the legal basis for posting pictures online under the General Data Protection Regulation (GDPR). Rather than a distinction between "situational" and "portrait" pictures, Datatilsynet now requires a case-by-case analysis.

In May 2019, the Nordic Council of Ministers published a working paper entitled The applicability of the GHS classification criteria to nanomaterials. The goal of the project was to review the applicability of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) to manufactured nanomaterials, taking into account the progress of international scientific work.

The Danish Data Protection Authority has issued guidance on the transmission of personal data via text messages (SMS). Key takeaways: Sending personal data by SMS is risky as it entails transmission in clear text, over networks over which the data controller has no control.

Amendments to Concept of Industrial Accidents to Cover “Temporary” Injuries - New Legislation Enacted - The Danish Parliament recently amended the Danish Workers’ Compensation Act for the purpose of, among other things, easing the requirements for when an injury can be recognized as an industrial injury. The new Act specifically sets out that “temporary” injuries may also be recognized as...

If you retain personal data indefinitely, or have not given thought to your retention schedule – now may be the time to take another look. The Danish Data Protection Authority has fined a furniture store 200,000 EUR for failure to delete personal data, not having a data retention schedule and not adequately documenting its personal data deletion procedures in violation of GDPR requirements for

The descendants of a well-known Danish scientist could not prevent the commercial use of the name ØRSTED as a trademark, domain and company name by the Ørsted Group (former Dong Energy A/S).

The Denmark Data Protection Authority (DPA) ruled on April 11, 2019 that affirmative consent is required when companies record customer telephone calls.

The Danish Stock Options Act has been amended with effect from January 1, 2019, repealing the freedom of contract in relation to employee share schemes. In the previous Act, the reason for termination of employment impacted employees’ rights.

In a recent case between the owner of a plot with a number of business premises and the local residents, the Dutch Data Protection Authority (the DDPA) ruled that the owner is allowed to protect its property with camera surveillance.

In a recent case between the owner of a plot with a number of business premises and the local residents the Dutch Data Protection Authority (the DDPA) ruled that the owner is allowed to protect its property with camera surveillance. The DDPA’s decision provides (practical) insight on the requirements the DDPA sets for camera surveillance and in the assessment of the legal basis of “legitimate...

1. TYPES OF BUSINESS ENTITIES - There are several forms of business entities in Denmark and there are a wide range of possibilities for establishing a business entity in Denmark. The most suitable entity depends on a variety of factors, such as the nature of the business, the expected activity level, the extent of liability, and tax matters. The following will review different possibilities of

Forget me yes. The Danish data protection authority has published a practical guide on data minimization and the right of erasure under GDPR: If you use “soft delete,” a link is deleted but not the personal information in the underlying database, this is not a real deletion.

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? In Denmark, defective product claims may be brought a) in contract and the tort of negligence and/or b) under the Product Liability Act 1989 (“the Act”), which implemented the EU Product Liability Directive. Claims in contract and negligence are frequently...