Privacy Laws

Data protection in Denmark compared to the GDPR

The flag of Denmark with the capital in the background showing a harbour.
© Nikolay N. Antonov / stock.adobe.com | #283405038

General overview

Denmark has established data protection regulation through the Danish Data Protection Act. There are many similarities with the GDPR, but also some national peculiarities that businesses should take into account.

GDPR opening clauses

Danish legislators have extensively utilized the GDPR's opening clauses. This indicates that Denmark has made some specific regulations and adjustments to the GDPR.

Key differences and national specifics

Sensitive data

Denmark has specific regulations for processing sensitive data. Companies must ensure that they process this data in accordance with Danish provisions.

Data subject rights

In Denmark, there are special regulations concerning the rights of data subjects. This may deviate from the general GDPR guidelines.

Data breaches

Denmark has specific provisions for reporting data breaches. Companies should ensure that they report data breaches according to these national regulations.

E-Marketing and cookies

While the GDPR provides general guidelines for e-marketing, new regulations through the ePrivacy Regulation are pending in Denmark. Additionally, Denmark has specific regulations for handling cookies.

Data Protection Impact Assessments (DPIAs)

Companies in Denmark should ensure that they conduct DPIAs in accordance with Danish provisions.

Conclusion

Denmark has adopted many of the GDPR guidelines but has also introduced some national peculiarities. Companies operating in Denmark or conducting business with Danish citizens should ensure that they fully understand and comply with both the GDPR and the Danish Data Protection Act.