Comprehensive Overview on Denmark's Legal Framework for GDPR Compliance

Comprehensive Overview on Denmark's Legal Framework for GDPR Compliance

Denmark has fully implemented the General Data Protection Regulation (GDPR) through its national law, the Danish Data Protection Act. This Act complements and operationalizes the EU GDPR framework, addressing various aspects of data protection such as processing of personal data of deceased persons, legal bases, consent of children, sensitive data, criminal offense data, exemptions, data subjects’ rights, and more.

Legal Basis for Processing

In line with the GDPR, Denmark requires processing to be based on lawful grounds such as consent, contract necessity, legal obligation, vital interests, public interest, or legitimate interests.

Processing of Personal Data of Deceased Persons

While deceased persons' data are generally excluded from the GDPR's personal data scope, certain provisions or related protections may still apply under national rules.

Consent of Children

In accordance with the GDPR, Denmark requires parental or guardian consent for processing the personal data of children under a certain age (usually under 13-16 years, depending on national adjustments).

Sensitive Personal Data & Criminal Offenses

The processing of sensitive data (e.g., health, biometric) and data related to criminal offenses is subject to enhanced protections and stricter conditions under both GDPR and Danish law.

Exemptions and Restrictions on Data Subjects’ Rights

Denmark includes certain derogations from data subject rights such as restrictions for public security, crime prevention, or freedom of expression and information considerations.

Joint Controllership & Controllers/Processors Obligations

Danish law adopts GDPR standards for defining joint controllers, responsibilities, and contracts between controllers and processors, including the requirement for Data Protection Impact Assessments (DPIAs) when processing is high-risk.

Prior Authorisation and Public Interest

Some types of processing may require prior consultation with or authorization by the Danish Data Protection Agency (DPA), especially when in the public interest or involving high-risk data processing.

Data Protection Officers (DPOs)

Organizations under Danish jurisdiction must appoint DPOs where required by GDPR criteria.

International Data Transfers

Denmark enforces GDPR rules for international data transfers, requiring adequate safeguards or legal mechanisms such as Standard Contractual Clauses.

Danish Data Protection Authority (DPA)

The Danish DPA oversees enforcement, issuing guidance, handling complaints, and imposing administrative fines when required.

Claims by Not-for-Profit Bodies and Administrative Fines

Danish law follows GDPR provisions allowing certain non-profit bodies to lodge complaints and participate in enforcement; fines and sanctions can be substantial depending on the violation severity.

Freedom of Expression and Information

The Danish Data Protection Act includes material derogations balancing GDPR application with freedom of expression and journalistic activities.

National Identification Numbers and Employment Processing

Specific rules govern the use of national IDs and data processing in employment contexts in accordance with GDPR and national legislation.

Current Legal Challenges, Enforcement, and Regulatory Guidance

Denmark actively participates in the EU regulatory environment, with the Danish DPA issuing guidance adapting GDPR principles to national circumstances and enforcing compliance. No major legal challenges to GDPR implementation unique to Denmark have recently emerged. There is ongoing involvement in EU-wide initiatives to simplify GDPR application while preserving core principles.

GDPR Simplification Efforts

Under the Danish Presidency of the EU Council in mid-2025, proposals have been circulated to simplify GDPR application, specifically allowing SMEs more flexibility, clarifying DPIA requirements, and making complaints to DPAs conditional on prior engagement with data controllers to reduce administrative burdens.

In summary, Denmark has an up-to-date and comprehensive framework implementing GDPR rules, harmonized with EU law, supplemented by national provisions addressing specific contexts such as deceased persons, children’s consent, and public interest processing. The Danish DPA is active in enforcement, guidance, and maintaining a balance between protection, innovation, and freedom of expression. Current policy efforts focus on pragmatic simplification to enhance business-friendly compliance especially for small and medium enterprises.

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1. Whitecase, an international law firm, offers services in Denmark through its associate teams focusing on GDPR compliance for corporations.
2. International attorney partnerships have collaborated on various legal practice areas, including regulatory guidelines related to GDPR, science, health-and-wellness, and intellectual property law.
3. Understanding the legal basis for processing personal data in Denmark is crucial, including knowing the distinctions between consent, contract necessity, legal obligation, vital interests, public interest, and legitimate interests.
4. Whitecase publications provide insights into the Danish Data Protection Act's more specific aspects, such as the processing of personal data of deceased persons and sensitive data, including criminal offense data.
5. Companies must ensure their compliance teams maintain all necessary regulations in processing data, including those pertaining to children's consent and international data transfers subject to GDPR rules.
6. Partnering with a reputable law firm like Whitecase can help ensure your corporate compliance with GDPR, DPA guidelines, and related Danish legislation pertaining to freedom of expression and information, employment processing, and national identification numbers.
7. In addition to national enforcement and guidance on GDPR implementation, not-for-profit bodies can lodge complaints and engage in enforcement efforts alongside the Danish Data Protection Agency.
8. To streamline GDPR application, Denmark's national government is pursuing simplification efforts during its EU Council presidency, such as granting more flexibility for SMEs and clarifying Data Protection Impact Assessment (DPIA) requirements.
9. Keep informed on the latest news, regulations, and best practices for GDPR compliance in Denmark through Whitecase's dedicated team and publications available on their official website (whitecase.com).
10. The Danish Data Protection Act demonstrates a balanced approach between data protection and innovation, setting the stage for a robust and adaptive legal landscape in the digital age.

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