EUROPAM

European Public Accountability Mechanisms

Denmark

Country score (EU Average*)
  • 41(72) Political Financing
  • 9(57) Financial Disclosure
  • 16(49) Conflict of Interest
  • 46(59) Freedom of Information
  • 53(63) Public Procurement
  • 55(66) Anti Money Laundering
  • 67(71) Asset Recovery

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)47208.73
Population, total5731118.00
Urban population (% of total)87.85
Internet users (per 100 people)96.97
Life expectancy at birth (years)81.10
Mean years of schooling (years)12.7
Global Competitiveness Index5.4
Sources: World Bank, UNDP, WEF.

Political Financing

The Grants to Political Parties Act (2006) and Parliamentary Election Act of Denmark (2009) are the main laws regulating the funding of political parties in Denmark.

The laws appear to impose little or no limits on the income of political parties. Donations from foreign entities, corporations, trade unions and anonymous donors are permitted. There appear to be no limits on the amount of money a party can accept.

There are provisions for the public funding of political parties and candidates. Funding is allocated to parties that have participated in the most recently held general election. Parties may use this funding to support their political work. Candidates can receive grants based on the number of votes received. All parties are given equal time broadcasting time which is provided free of charge.

For regulations on spending, vote buying is banned but there appear to be no limits on spending.

Parties are required to publish accounts which in some cases require the identity of a donor to be revealed (depending on the amount donated). Reports are submitted to the Minister for the Interior and Health and are also overseen by the Auditor General. Sanctions for breaches of the law include fines and imprisonment.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Bans and limits on private income39363636560
Public funding505050386262
Regulations on spending505050505025
Reporting, oversight and sanctions929292929275

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework.
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework.
Is there a ban on corporate donations to political parties? No. Absent from legal framework.
Is there a ban on corporate donations to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.
Is there a ban on anonymous donations to political parties? No. Absent from legal framework.
Is there a ban on anonymous donations to candidates? No. Absent from legal framework.
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. Absent from legal framework.
Is there a ban on any other form of donation? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework.

Public funding 

Eligibility criteria for direct public funding to political parties Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. (Grants to Political Parties Law No. 1291 of 8 December 2006, Articles 2, 3, 4)
Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election, cf. however subsection (3). (2) A candidate who stood as an independent candidate at the most recently held general election shall be entitled to receive a grant in support of his or her political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the candidate at the election, cf. however subsection (3). (3) No grant shall be provided for parties and independent candidates in whose favour fewer than 1,000 votes were cast at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.
Allocation calculations for direct public funding to political parties Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Articles 2, 3, 4)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Articles 2, 3, 4)
Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties Yes. Only source is free access for political parties to the public broadcast media during campaigns. This involves equal access to pre-election programmes on radio and television. Political advertising is completely banned on television during the three months before elections. Art. 76 (3) Advertisements for employers’ organisations, trade unions, religious movements, political parties, political movements and elected members or candidates for political assemblies are not allowed on television. Art. 76 (4) Advertisements for political messages are not allowed on television during the period from the date on which an election for a political assembly or a referendum is called until the election or the referendum has been held. If the date of the election or the referendum is announced more than three months before it is held, the advertisement-free period comes into force three months before the election or referendum is held. (Radio and Television Broadcasting Law) p. 6 "Concerning indirect public funding, the only source provided in Denmark is free access to the public broadcast media during election campaigns. The guidelines of the "Danish Radio and Television" (a national public service station) aim at ensuring that all registered political parties are given equal access to pre-election programmes on radio and television. All parties (no matter how small) are given equal time free of charge to present their manifestos etc. to the public". Evaluation Report on Denmark on Transparency of Party Funding (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television Group of Countries Against Corruption. Evaluation Report on Denmark on Transparency of Party Funding (Theme II). Council of Europe: Strasbourg, 2009, p. 6)
Allocation criteria for free or subsidized access to media for political parties: Equal Yes. All parties are given equal time free of charge. Buying media time is prohibited for candidates and parties. p. 6 "Concerning indirect public funding, the only source provided in Denmark is free access to the public broadcast media during election campaigns. The guidelines of the "Danish Radio and Television" (a national public service station) aim at ensuring that all registered political parties are given equal access to pre-election programmes on radio and television. All parties (no matter how small) are given equal time free of charge to present their manifestos etc. to the public". Evaluation Report on Denmark on Transparency of Party Funding (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television Group of Countries Against Corruption. Evaluation Report on Denmark on Transparency of Party Funding (Theme II). Council of Europe: Strasbourg, 2009, p. 6)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Only to political parties. (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television)
Are there provisions for any other form of indirect public funding? Yes. 13.-(1) Grant amounts disbursed in pursuance of this Act shall not be included in the taxable income. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 13(1))
Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. 13.-(1) Grant amounts disbursed in pursuance of this Act shall not be included in the taxable income. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 13(1))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 117 "Any persons who (...) (4) grants, or promises or offers any pecuniary favour with a view to making a person vote in a particular way or abstain from voting; or (5) receives, or demands or accepts the promise of any pecuniary favour against voting in a particular way or against abstaining from voting; shall be liable to a fine or to imprisonment for any term not exceeding two years" (Criminal Code (2005, as amended in 2015), Article 117)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? No. Absent from legal framework.

Reporting, oversight and sanctions 

Do political parties have to report regularly on their finances? Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b (1))
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework.
Do candidates have to report on their campaign finances? Yes. Parties that have been established for the last general election, or the European Parliament, should be accountable to the national party organization's income and expenses. The accounts must include information on the following sources: 1) Public party funding. 2) The quota income. 3) Additional private grants from private individuals. 4) Interest income. 5) grants from international organizations, collective private associations, professional organizations, trade associations, businesses, foundations and associations. If a party during the year, see. § 4 pcs. 1, from the same private benefactor has received one or more grants which exceed 20,000 kr., Must grant sizzle name and address appear in the accounts. The records shall also contain information about the total size of any anonymous contributions and communicate the amount of any single anonymous contribution of more than 20,000 kr. The accounts must include information on assets and equity. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006, Article 3)
Is information in reports from political parties and/​or candidates to be made public? Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5 )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 10b.-(1) Grants pursuant to section 3 shall be provided only to the extent the grant recipient has submitted a declaration to the regional council, stating whether the grant recipient, cf. also subsection (2), in the preceding calendar year from the same private benefactor has received one or more contributions which together exceed DKK 20,000. In such event the benefactor’s name and address must be disclosed. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 10b (1))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b(1))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5)
Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. 7c.-(1) In pursuance of section 2 the Auditor General may require directly from the recipient of a grant that he or she hand over the accounting records regarding the grant provided under section 2 for scrutiny, which is considered by the Auditor General to be of importance to the review of the fulfilment of conditions for grants in pursuance of this Act and to the application of the grant being in proper compliance with this Act. Furthermore, except for sections 4, 6(1), 16, 17(3) and 18(2), the review shall be subject to the Public Accounts Audit Act in pursuance of the first sentence. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7c(1))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Loss of public funding Yes. 6a. A person who submits false or incomplete information ($3) shall be punished by a fine or imprisonment for up to 4 months. The same penalty the person making false statement in accordance with § 4, paragraph. 2nd. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. Unless a higher penalty is prescribed under other legislation punishable false declaration under § 7 paragraph. 2 and 3, § 7 a paragraph. 3, § 10 paragraph. 2 and 3, § 10 a paragraph. 3, § 11b paragraph. 2 and 3 and § 11c paragraph. 3, a fine or imprisonment for up to 4 months. A person who submits false or incomplete information in accordance with § 10b or § 11 d, punishable by a fine or imprisonment for up to 4 months. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties (2006), Article 6a Grants to Political Parties (2006), Article 14a)
Sanctions for political finance infractions: Penal/Criminal Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), , 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other Yes. Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14.a.3)

Legislation

Grants to Political Parties Law No. 1291 of 8 December 2006 (English)pdf
Radio and Television Broadcasting Law No. 477 of 06 May 2010 (English)pdf
Criminal Code (2005, as amended in 2015) (English)pdf
Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006 (Danish)pdf

*Last update: 2017


Financial Disclosure

No public official in Denmark is obliged to make any financial disclosure statements. For Ministers and Members of Parliament, however, a voluntary mechanism for disclosing public or private interests exists. Members of the government would publish these declarations on the webpage of the Prime Minister, and Members of Parliament follow the guidelines set down by their party. No such rules exist for Civil Servants. The Code of Conduct for public officials (2007) makes no references to financial disclosure.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Disclosure items65656565654
Filing frequency383838565612
Sanctions75757575758
Monitoring and Oversight75757575756
Public access to declarations565656565612

Alternative Metric

201220152016201720202024Trend
Head of State000000
Ministers82828287870
Members of Parliament838383888835
Civil servants82828287870

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Income and Assets
Real estate No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Movable assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cash No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Loans and Debts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Income from outside employment/assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Incompatibilities
Gifts received as a public official No. There is a political agreement between main parties for the disclosure of gifts and expenses of ministers (Political agreement on transparency of ministerial expenses and activities - available at https://www.regeringen.dk/%C3%A5benhedsordningen/)
Private firm ownership and/or stock holdings No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Ownership of state-owned enterprises (SOEs) No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Holding government contracts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Board member, advisor, or company officer of private firm No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Post-employment No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Simultaneously holding policy-making position and policy-executing position No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Participating in official decision-making processes that affect private interests No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Concurrent employment of family members in public sector No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Location(s) of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cost of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

Members of Parliament

Disclosure items

Income and Assets
Income from outside employment/assets Yes. Income 1) Paid directorships in private or public companies. Position and company are to be registered. 2) A paid position, occupation or the like in addition to the position of Member of Parliament. Position and employer/principal are to be registered. 3) Independent income-generating activities in addition to being a Member of Parliament. Register which kind. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Incompatibilities
Gifts received as a public official Yes. Gifts, visits outside Denmark, and financial support etc. 4) Domestic companies, organisations, institutions, or individuals that provide financial support for the Member, including donations in kind, secretarial support and the like, other than the means provided by the Danish Parliament or the party of the Member of Parliament. The name and kind of support are to be registered. 5) Gifts from domestic donors if the gift has a value that evidently exceeds DKK 3,000 and the gift is attributable to membership of the Danish Parliament. The name of the donor, the nature of the gift and the date of receipt are to be registered. 6) Travel and visits outside Denmark where the costs are not paid in full by government funds, the party of the Member or the Member him-/herself and the travel/visit is attributable to membership of the Danish Parliament. The name of the donor, the dates of the visit and the name of the country visited are to be registered. 7) Any payment, financial benefit, gift or the like received from a foreign public authority, organisation or individual when the value evidently exceeds DKK 3,000 and the payment, etc. in question is attributable to membership of the Danish Parliament. The name of the donor, and the nature and date of the payment, etc. are to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Private firm ownership and/or stock holdings Yes. Financial interests 8) Company interests with a value that evidently exceeded DKK 75,000 as of 31 December prior to registration according to section 3, sub-section 1, and recently acquired commercial interests after 31 December that evidently exceeded DKK 75,000. The name of the company is to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. Agreements with former and/or future employer(s) about current or prospective relations 10) Agreements about employment or the like with a future employer, regardless of whether the employment will take effect only after the Member has resigned from the Danish Parliament. The nature of the agreement and the name of the employer are to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Registration must take place within a month of the convening of a newly elected Parliament (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. New registrable information, including registrable information regarding recently acquired company interests or changes to previously registered information, must be registered within a month of the new information becoming available. (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. A list of members who have refrained from registering their financial interests is published on the website of the Danish Parliament. (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Registration must be reported to an official appointed by the Presidium. The forms used for the registration must be approved by the Presidium. (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. The register is published on the website of the Danish Parliament. (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Location(s) of access specified Yes. Danish Parliament (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. A civil servant may have an additional employment insofar as it is compatible with the proper performance of their duties (Aricle 17 Civil Servants Act No. 488 of 6 May 2010 (amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Legislation

Rules regarding the registration of the occupations and financial interests of 1994_DAN (Danish)pdf
Law on Civil Servants of 2010_DAN (Danish)pdf

*Last update: 2017


Conflict of Interest

There are no regulations governing conflicts of interests for the Prime Minister, Ministers or Members of Parliament. The Civil Servants’ Act (2004, last amended 2016) does not allow for Civil Servants to pursue a second occupation if this would constitute a conflict of interests. The Finance Minister gives guidance on this matter. No other regulations exist. 

Quantitative Data

Primary Metric

201220152016201720202024Trend
Restrictions353232324515
Sanctions25252525338
Monitoring and Oversight385050505025

Alternative Metric

201220152016201720202024Trend
Head of State000000
Ministers44646464513
Members of Parliament38212121523
Civil servants485858586858

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of State is monarch. Legal provisions do not apply.
Accepting gifts No. Head of State is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of State is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of State is monarch. Legal provisions do not apply.
Holding government contracts No. Head of State is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of State is monarch. Legal provisions do not apply.
Post-employment No. Head of State is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of State is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of State is monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of State is monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of State is monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of State is monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest Yes. Ministers are bound by the 2021 Ministerial Code of Conduct Act, which codifies general obligations to avoid conflicts of interest and to act impartially. (Lov nr. 103/2021 om god adfærd i det offentlige (Ministerial Code of Conduct Act), §§ 2–4.)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. MPs may not accept gifts or benefits intended to influence them; clarified in the 2021 Rules of Procedure of the Folketing (update), which introduced stricter transparency on gifts above DKK 3,000. (Folketingets Forretningsorden, § 5c (as amended in 2021).)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. The person who works within the public administration is incompetent in relation to a specific case, if: 1) they have a special personal or financial interest in the outcome of the case, or are a representative (or have previously been) of someone who has such an interest; 2) their spouse, relatives or in-laws in the ascending, descending line or collateral lines (as close as cousins), ​​or other close relatives have a special personal or financial interest in the outcome of the case or are representative of someone who has such an interest; 3) they participate in the management of or otherwise have a close connection to a company, association or other private legal person who has a special interest in the outcome of the case; 4) the case concerns an appeal against or the exercise of control or supervisory activities vis-à-vis another public authority, and the person concerned has previously been involved with that authority in the decision or in the implementation of the measures concerned; 5) there are other circumstances which are suitable for raising doubts about the person's impartiality. Disqualification does not exist, however, if, due to the nature or strength of the interest, the nature of the case or the functions of the person in question in connection with the proceedings, it cannot be assumed that there is a danger that the decision in the case may be affected by irrelevant considerations. The person who is incompetent in relation to a case may not make a decision, participate in the decision or otherwise participate in the processing of the case in question. (Public Administration Act of 2014 (as of 2020), § 3)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. An official may only have employment in addition to his position as a civil servant, insofar as and to the extent that it is compatible with the conscientious exercise of the duties attached to the civil servant position and with the esteem and trust necessary for the position. (Law on Civil Servants of 2017 (as of 2020), § 17)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. An official may only have employment in addition to his position as a civil servant, insofar as and to the extent that it is compatible with the conscientious exercise of the duties attached to the civil servant position and with the esteem and trust necessary for the position. (Law on Civil Servants of 2017 (as of 2020), § 17)
Participating in official decision-making processes that affect private interests Yes. The public official who is deemed incompetent in relation to a case, due to the existence of a conflict of interests, may not make a decision, participate in the decision or otherwise participate in the processing of the case in question. (Public Administration Act of 2014 (as of 2020), § 3 (as amended by L 145/2021))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Fines are not specified for conflict of interest, but rather apply to all forms of misconduct. (Law on Civil Servants of 2017 (as of 2020), § 24)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Disciplinary sanctions for COI breaches clarified in the 2022 Civil Servants’ Disciplinary Act, covering dismissal and fines for violations of impartiality rules. (Lov om disciplinæransvar for tjenestemænd (2022), §§ 6–7.)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Minister of Public Innovation. (Law on Civil Servants of 2017 (as of 2020), § 19 (3))
Enforcement body specified (sanctions, hearings) Yes. The Civil Service Court, established by the Minister of Public Innovation. (Law on Civil Servants of 2017 (as of 2020), § 53 (2))

Legislation

Constitution of the Kingdom of Denmark of 1953 (Danish)pdf
Law on Civil Servants of 2017 (Danish)pdf
Public Administration Act of 2014 (Danish)pdf

*Last update: 2017


Freedom of Information

Denmark’s access to information regime is established by the Open Government Act No. 606 (2013). All activity exercised by the public administration is covered, but the law only mentions administrative documents. The law also applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Criminal Code (2005), and the Act on Processing of Personal Data No. 429 (2000). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner. The Ombudsman’s decisions are non-binding.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope and Coverage878787878793
Information access and release888888888871
Exceptions and Overrides676767676767
Sanctions for non-compliance000000
Monitoring and Oversight17171717170

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. (Section 7, The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
"Information" or "Documents" is defined Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. There are several sections addressing what is not included in the definition of information. (Section 7, The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
Proactive disclosure is specified Yes. Government departments, subordinate agencies and directorates, independent boards, councils and the central government in municipalities and regions must provide information about the authority’s activities on its website. It must also draw up guidelines relating to the what information will be disclosed on the website. (Chapter 3, Section 17 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))

Coverage of public and private sectors

Executive branch Yes. All public administrative authorities are covered by the law. Archives are not however included under the scope. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Legislative branch Yes. All activity exercised by the public administration is covered but the law only mentions administrative documents. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Judicial branch No. The law only covers the public administration. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Other public bodies Yes. All public administrative authorities are covered by the law. (Section 2 and Section 3 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Private sector Yes. The law applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority. Companies which are not covered by the above criteria but which carry out functions which are effectively public functions are required to report on their activities to the public authorities and this reports are publicly available under the FOIA. (Sections 4 - 6 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. There should be a public portal containing laws, regulations and draft laws. (Chapter 3 Section 18 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) )
Enacted legal instruments Yes. After the monarch has given Royal Assent ror a new law, s/he shall promulgate the law including ensuring publication in the Lovtidende (Law Gazette). There should be a public portal containing laws, regulations and draft laws. (Article 22, Constitutional Act of Denmark 1953 Chapter 3 Section 18 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
Annual budgets Yes. The Constitution requires a Finance Bill covering the state budget for the next fiscal year shall be submitted to the Folketing (parliament) not later than four months before the beginning of such fiscal year. Aside from this, very few aspects of the annual public sector budgeting process are enshrined in law. There is, for example, no organic budget law in place. Provisions normally contained in such an act are specified in the Budget Guidelines Handbook, which is issued by the Ministry of Finance. Budgeting in Denmark takes a top-down approach. Regional and local budgeting is governed by an Order from the Ministry of Justice. As the Executive is covered by the FOIA, budgeting information should be available from the individual public bodies. (Article 45, Constitutional Act of Denmark 1953 Annual Finance Acts Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Annual chart of accounts (actual expenditures) Yes. The Public Accounts must be submitted to the Folketing (parliament) not later than six months after the end of the fiscal year. The Auditor General's report to the Public Accounts Committee on state accounts and the accounts of bodies funded by the state becomes public the day after presentation to the Committee. As the Executive is covered by the FOIA, accounts should be available from the individual public bodies. (Article 47, Constitutional Act of Denmark 1953 Section 18(b)(2) Auditor General Act on Audit of State Accounts 1997 Section 1 State Accounting Law No. 131, 28 March 1984 Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Annual reports of public entities and programs Yes. As the Executive is covered by the FOIA, annual reports information should be available from the individual public bodies. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Any person may ask to see the documents under the Access to Public Administration Files Act and any person party to a matter in which a decision has been or will be made by an administration authority can ask to be apprised of the documents involved. (Chapter 2 Section 7 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Part 4 Section 9(1) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Type of request is specified (written, electronic, oral) No. Absent from legal framework
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Under the Public Administration Act, an administrative authority must, to the extent necessary, guide and assist individuals submitting inquiries falling within the scope of activities of the authority.  (Section 7 Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The Minister of Justice sets rules on payment for the provision of documents and the disclosure of a compilation of data or a data description. Can't find a Ministry of Justice Order setting out fees (Section 40(2)(3) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(6) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

Deadlines for release of information

20-day response deadline Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Agency granted right to extend response time Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Maximum total response time of no more than 40 days No. Where a request for information has not been fulfilled or rejected within seven days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. No upper limit on the response time is set. (Section 36(2) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Section 152 of the Criminal Code regulates state secrets. (Section 152 Criminal Code 2005, amended 2016)
Existence of personal privacy/data law Yes. Although not comprehensively regulated in the Constitution the right to privacy is protected in the Criminal Code which demonstrates the importance attached to privacy protection in law. The Danish Data Protection Act prohibits the processing of personal data except for the circumstances and purposes set out within the law. (Section 152(d)(2), Section 260, Section 263, Section 264(3) and Section 281 Criminal Code 2005, amended 2024 Danish Data Protection Act, 2024 )
Specific exemptions to disclosure Yes. The right of access to administration files shall in a wide range of circumstances including: an authority’s internal case material (until finalised, in certain circumstances; ministers’ calendars, internal documents and information exchanged at a time where there is a concrete reason to believe that a minister has or will have a need for civil service advice and assistance, records of meetings of the Council of State, meetings of ministers; preparatory documents regarding proposed legislation, proposals for adoption by the EC; correspondence between authorities and outside experts for use in court proceedings or in deliberations on possible legal proceedings; material gathered for public statistics or scientific research; personal data and information on the private circumstances of individual persons including their finances. Information may also be withheld in the interests of: state security; state secrecy; professional secrecy; foreign policy; external economic interests; international relations; law enforcement; implementation of public supervision of measures planned under taxation law; protection of public financial interests. (Chapter 4, Sections 19 – 35 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Sections 15 - 15(c) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR) Section 152 Criminal Code 2005, amended 2024 Section 6(1) and Section 6(2) Danish Data Protection Act, amended 2024)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Administrative appeals can be made against decisions in respect of requests for access to documents. The appeal is made directly to the administrative body to which the request was made. Under the Public Administration Act, any decision from which appeal would be made to another administration authority shall be informed where to appeal and informed of the procedure for lodging of appeal, including any time limit for so doing. (Chapter 5 Section 37(2) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 15(4) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The only independent non-judicial appeals mechanism is to the Ombudsman who issues non-binding recommendations.
Judicial appeals mechanism Yes. Under the Public Administration Act, any decision from which appeal lies exclusively to the courts of law, subject to a statutory time limit for institution of appeal proceedings, shall be accompanied by information to that effect. It is not necessary for the complainant to exhaust the administrative appeal before appealing to the court. (Section 26 Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Legislation

Constitution of the Kingdom of Denmark of 1953_DAN (Danish)pdf
Data Protection Act of 2018_DAN (Danish)pdf
Public Administration Act of 2014_DAN (Danish)pdf
Public Access to Information Act of 2013_DAN (Danish)pdf
Act on the State's Accounting System of 1984_DAN (Danish)pdf
Penal Code of 2020_DAN (Danish)pdf
Auditor General Act on Audit of State Accounts of 1997_DAN (Danish)pdf

*Last update: 2017


Public Procurement

The Danish public procurement system is regulated by the Danish Public Procurement Act. The public procurement body is the Competition and Consumer Authority, which is an organization under the Business and Growth Ministry.

The lowest minimum thresholds for conducting a public procurement tender are:

         DKK 500,000 for goods (EUR 70,000)

         DKK 300,000 for works (EUR 40,000)

         DKK 500,000 for services (EUR 70,000)

The minimum number of bidders is 3 for open procedures, restricted procedures and negotiated procedures and there is no minimum in case of framework agreements. The minimum submission period is 35 days for open procedures, 30 days restricted procedures and 30 days negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no explicit preferential treatment, but contracting authorities can choose the most environmentally sustainable offer according to award criteria and take SME into consideration. There are a few cases for bid exclusion: in case of possible inability to carry out the project with satisfactory quality, in a responsive, responsible and timely manner, the provider can reject bidders. Bids can be also excluded because of abnormally low bid prices. In the case of having MEAT (‘most economically advantageous tender’ criteria), only the best 3 or fewer bids are considered.

In the bid evaluation phase, there no is a separate conflict of interest regulation on the composition of the evaluation committee and no form of independence of the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure of DKK 10,000- 20,000, depending on the size of the contract. Court decisions are publicly released online.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope5855657148
Information availability8396964631
Evaluation8181758175
Open competition8983675075
Institutional arrangements2929938636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) DKK 1064177. Goods contracts for central government authorities must be openly procured above this value. Non-central bodies (municipalities, regions) have a slightly higher threshold. Below-threshold contracts may be let by direct award subject to rules on cross-border interest. (Public Procurement Act of 2015, as amended, §§ 6 (2) (3), 7, 8 and 9)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) DKK 41212688. All public contracts for works above this value must follow formal procurement procedures, regardless of the contracting authority type. (Public Procurement Act of 2015, as amended, §§ 6 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) DKK 1064177. Services contracts for central authorities must be publicly tendered above this threshold; non-central authorities have a threshold of DKK 1,644,638. (Public Procurement Act of 2015, as amended, §§ 6 (2) (3), 7, 8 and 9)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) DKK 1064177. Central public sector entities must apply national public procurement rules for goods/services contracts above DKK 1,064,177; local/regional authorities must use DKK 1,644,638. (Public Procurement Act of 2015, as amended, §§ 6 (2))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) DKK 41212688. Utilities sector (water, energy, transport, postal): DKK 3,333,956 for goods/services; DKK 41,212,688 for works, matching current EU Utilities Directive thresholds. (Public Procurement Act of 2015, as amended, §§ 18 and 194 (2) Executive Order No. 1624 of 2015 (as of Dec. 2024), § 1 Directive 2014/25/EU, as amended, Art. 15 a) and b))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) DKK 1064177. Defence contracts for goods/services above DKK 1,064,177 (Annex III) or DKK 1,644,638 (non-Annex III) are covered, unless special exemptions apply; works: DKK 41,212,688. (Public Procurement Act of 2015, as amended, §§ 6 (2) Executive Order No. 892 of 2011 (as of Dec. 2024))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) DKK 1064177. Goods: all central contracts above this threshold must follow an open or restricted public tender process. (Public Procurement Act of 2015, as amended, §§ 6 (2) (3), 7, 8 and 9)
What are the minimum application thresholds for the procurement type? (Product type WORKS) DKK 41212688. Works: open/restricted procurement mandatory above this amount for all public authorities. (Public Procurement Act of 2015, as amended, §§ 6 (1))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) DKK 1064177. Services: same threshold structure as for goods; tendering required above this value for central government. (Public Procurement Act of 2015, as amended, §§ 6 (2) (3), 7, 8 and 9)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall provide free, direct and full electronic access to the tender material from the date of publication of the tender notice in the Official Journal of the European Union. The contracting authority must state in the contract notice the electronic address at which access to the tender documents is granted. The contracting authority may, however, due to the special nature of the tender material or due to confidentiality (§ 5 (2)) fail to provide free, direct and full electronic access to certain parts of the tender dossier. In these situations, the contracting authority must state in the tender notice where and how access to these parts of the tender material can be obtained. (Public Procurement Act of 2015, as amended, § 132 + Executive order)
Are any of these documents published online at a central place? Yes. All public tenders are published on www.udbud.dk and ted.europa.eu. However, access to the individual tender's documents are accessible via a website of the contracting authority's own choice. (Business Authority Guidance, 2024)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system)Is it mandatory to keep all of these records? Yes. Full digital tender documentation—including notices, reports, contracts, and invoices—must be stored securely for at least five years for audit and legal compliance, as per the Bookkeeping Act. (Public Procurement Act of 2015, as amended, § 174 and Bookkeeping Act)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. There is no obligation to publish individual award notices for each “mini-contract” under a framework agreement; only aggregate/summarized reporting may be required. (Public Procurement Act of 2015, as amended, § 129 (3) Executive Order No. 1624 of 2015 (as of Dec. 2024), § 12)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no general duty to publish information on subcontractors in all contracts covered by the Public Procurement Act of 2015. In the tender material, a contracting authority may require a tenderer to state in his tender which parts of the tendered contract the tenderer intends to subcontract to third parties and which subcontractors the tenderer proposes. In connection with the award of works contracts and service contracts, the contracting authority shall insert a contract clause which obliges the supplier to provide the name, contact details and legal representative of the subcontractors used in the performance of the contract. The information must be submitted at the latest when the performance of the contract begins, if known at that time. In the case of supply contracts, the contracting authority may require the supplier to provide the name and contact details of and the legal representative of the subcontractors used in the performance of the contract. Furthermore, the contracting authority may require information regarding subcontractors further down the subcontractor chain, and may require tenderers and candidates to declare in the application or tender that subcontractors are not covered by one of the situations which entails exclusion in accordance with §§ 135-137. (PP Act 2015, § 155, § 177;)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? No minimum percentage threshold is prescribed for subcontractor disclosure—the obligation applies subject to the authority’s requirements as set in the tender conditions or contract clauses. (PP Act 2015, § 155, § 177;)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. In the technical specifications, a contracting authority may not: 1. indicate a specific make, origin or manufacturing process that characterizes the products or services provided by a particular economic operator; or 2. refer to a particular trademark or patent or a particular type, origin or production with the result that certain economic operators or goods are favored or eliminated. However, a contracting authority may in exceptional circumstances use such references when a sufficiently accurate and comprehensible description of the subject matter of the contract is not possible in accordance with § 41, para. Such reference shall be followed by the wording or equivalent. (PP Act 2015 (as amended), § 42)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. The Public Procurement Act does not specify any preferential treatment for SMEs. However, for general procurement and utilities, where a contracting authority does not divide a contract into lots, they shall state the grounds hereof in the tender documents. They may also make requirements in regard to the turnover of candidates or bidders but may not require that the minimum annual turnover of a candidate or bidder is higher than twice the estimated contract value, except in cases when the works, services or supplies are subject to special risks. The contracting authority shall provide grounds for such a requirement in the tender documents. In the defence sector, in order to encourage the involvement of SMEs in the public contracts procurement market, contracting authorities are advised to include provisions on subcontracting. (PP Act 2015 (as amended), § 49 (2), 142 (2))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. A contracting authority may not give economic actors and services from Denmark less favorable treatment than economic actors and services from abroad. They may also not provide economic operators and services from countries which are members of the EU/EEA with less favorable treatment than economic operators and services from Denmark. The prohibition on less favorable treatment applies to economic operators and services from other countries to the extent that this follows from international obligations incumbent on Denmark or the EU. (PP Act 2015 (as amended), § 3)
Is there a specific set of rules for green/sustainable procurement? Yes. Contracting authorities can include green or sustainable criteria, require environmental standards, and exclude tenderers for significant environmental breaches. Green public procurement is encouraged through government strategy and guidance, with mandatory reporting on environmental targets by 2030. (PP Act 2015 (as amended), §§ 137, 157, 166, 168, 176;)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. A contracting authority can only exclude on the basis of the grounds set out in the Public Procurement Act. Mandatory grounds for bidder exclusion include if the bidder was convicted by a final decision/judgement or has incurred in the penalty of fine for: 1. acts committed within the framework of a criminal organization; 2. corruption; 3. fraud; 4. terrorists acts or criminal offences related to terrorist activity; 5. money laundering or terrorist financing; 6. child labor and other forms of human trafficking. Unpaid debts of contributions to social security schemes, the existance of conflict of interests or of distortion of competition, as well as provision of grossly incorrect information by the bidder also constitute mandatory grounds for exclusion. (Public Procurement Act of 2015, as amended, §§ 135, 136 and 137 Judgment of the Court of 17 November 1993 - Commission of the European Communities v Kingdom of Spain Executive Order No. 1624 of 2015 (as of Dec. 2024), § 10 (1) Executive Order No. 892 of 2011 (as of Dec. 2024), § 9 (Directive 2009/81/EC, Art. 39 (1)))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. If a tender is abnormally low, the contracting authority shall request the bidder to account for the prices and costs included in the tender within an appropriate time limit (therefore, no automatic exclusion). It may only reject a tender as abnormally low when the price or cost level offered cannot be justified on the basis of the bidder's statement. The statement may relate to: 1) savings in connection with the production method for the goods or services or the construction method; 2) the technical solutions used or the bidder's exceptionally favorable conditions for supplying the goods or services or for carrying out the work; 3) the originality of the works, goods or services offered by the bidder; or 4) any state aid to the bidder. If the tender is abnormally low because the bidder or their subcontractor has failed to fulfill existing environmental, social and labor obligations (under EU or national law), the contracting authority must reject the offer. It must also reject the offer as abnormally low on the grounds that the bidder has obtained state aid and has not, within a reasonable time, demonstrated that the aid is compatible with the internal market (Art. 107 TFEU). If the contracting authority rejects an offer due to state aid, the contracting authority must notify the Danish Competition and Consumer Authority, which then notifies the European Commission. (Public Procurement Act of 2015, as amended, § 169)
Is scoring criteria published? Yes. General procurement and utilities: Yes. A contracting authority shall state the award criteria, describe the evaluation method and describe the elements of importance in the evaluation of the tender in the procurement documents. A method of evaluation described in the procurement documents may not be disregarded by boards of appeals and courts provided it is transparent and observes the principle of equal treatment. Defence: Scoring criteria is published, but there is no obligation to publish evaluation method, cf. ECJ C-6/15 TNS Dimarso NV mod Vlaams Gewest. (Public Procurement Act of 2015, as amended, § 160 Executive Order No. 1624 of 2015 (as of Dec. 2024), § 14 Directive 2009/81/EC (as of Dec. 2024), Art. 47 (Executive Order No. 892 of 2011))
Are decisions always made by a committee? No. Only in the modality "project competition" a judging committee is required. (Public Procurement Act of 2015, as amended, §§ 89, 90, 91 and 92)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. While the Law does not speak of a "committee", there are regulations against conflict of interests in place. The contracting authority shall take appropriate measures to identify, prevent and remedy conflicts of interest in connection with the implementation of a tender. Conflict of interests are understood as situations where a person at the contracting authority or acting on its behalf, who is involved in the implementation of the procurement procedure or that may affect the outcome of the proceeding, have a direct or indirect financial, economic or other personal interest which may be presumed to jeopardize the impartiality and independence of the person concerned in connection with the tender procedure. Conflicts of interest may also arise where an economic operator has conflicting interests which may adversely affect the performance of the contract. (Public Procurement Act of 2015, as amended, §§ 4, 24 (18) and 136 (1))
Is some part of evaluation committee mandatorily independent of contracting authority? No. No statutory rule requires members of the evaluating function to be institutionally independent from the contracting authority; the law focuses on equal treatment, transparency and conflict-of-interest controls. (Public Procurement Act of 2015, as amended, §§ 4 and 136)
Are scoring results publicly available? No. The law requires notice of the award decision and access to reasons, but not public release of full scoring sheets or full comparative evaluation results as a general rule. (Public Procurement Act of 2015, as amended, §§ 2, 171 and 185)
Does the law specify under which conditions the tender can be cancelled? No. There are no specific sections governing the conditions under which a tender can be cancelled. However, certain sections do regulate the contracting authority's behaviour if a tender is cancelled. The contracting authority can only cancel a tender if the cancellation is fair and in accordance with the principles set out in Section 2. A contracting authority shall as soon as possible and at the same time notify all affected applicants and bidders in writing of its decision to cancel a tender, as well as state the reasons for doing so. Also, the Public Procurement Act of 2015 stipulates the conditions under which the contracting authority can revoke an award decision. (Public Procurement Act of 2015, as amended, §§ 171 (1) 5. (6), 170 and 192 Practice of The Danish Board of Complaints and the EU Court of Justice.)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended, § 128)
Does the law specify the location for publicizing restricted calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended, § 128)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended, § 128)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. The contracting authority shall select minimum five candidates which will be invited to submit tenders. Where the number of candidates is lower than five, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended, § 59 (4) Directive 2009/81/EC (as of Dec. 2024), Art. 38 (3))
What is the minimum number of bidders for negotiated procedures? 3. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended, § 64 Directive 2009/81/EC (as of Dec. 2024), Art. 38 (3))
What is the minimum number of bidders for competitive dialogue procedures? 3. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended, § 69 Directive 2009/81/EC (as of Dec. 2024), Art. 38 (3))

Bidding period length

What are the minimum number of days for open procedures? 35. The time limit shall be minimum 35 days from the day after dispatch of the tender notice. However, in cases where the contracting authority has used a prior information notice, the minimum time limit shall be 15 days. (Public Procurement Act of 2015, as amended, § 57)
What are the minimum number of days for restricted procedures? 30. General and utilities procurement: the time limit shall be minimum 30 days from the day following dispatch of the invitation to tender. In cases where the contracting authority has used a prior information notice, this time limit can be shortened to 10 days. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. The minimum time limit for the receipt of tenders shall be 40 days from the date on which the invitation is sent. (Public Procurement Act of 2015, as amended, § 60 Directive 2009/81/EC (as of Dec. 2024), Art. 33 (2))
What are the minimum number of days for competitive negotiated procedures? 30. General and utilities procurement: the time limit shall be minimum 30 days from the day after dispatch of the tender notice. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. Contracting authorities must establish adequate time limit for the receipt of tender. (Public Procurement Act of 2015, as amended, §§ 63 (2) and 68 (5) Directive 2009/81/EC (as of Dec. 2024), Art. 33 (2))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The following are excluded from applying the Public Procurement Act: 1. Public contracts between entities within the public sector; 2. Contracts awarded on the basis of an exclusive right; 3. Contracts, etc. relating to utilities; 4. Contracts, etc. relating to electronic communication; 5. Contracts, etc. organised pursuant to international rules; 6. Some specific service contracts; 7. Services related to research and development; and 8. Defence and security. Defence: The following are excluded from applying Directive 2009/81/EC: 1. contracts for which the application would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security; 2. contracts for the purpose of intelligence activities; 3. R&D cooperative programmes between member states; 4. contracts awarded in third countries by deployed forces; 5. service contracts for the acquisition or rental of land, existing building or other immovable property or concerning rights in respect thereof; 6. Government-to-Government contracts; 7. Arbitration and conciliation services; 8. Financial services, with the exception of insurance services; 9. Employment contracts; and 10. Research and development services other than those where the benefits accrue exclusively to the contracting authority/entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority/entity. (Public Procurement Act of 2015, as amended, §§ 12-23 Directive 2009/81/EC (as of Dec. 2024), Art. 13)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Act is applicable to contracting authorities. The term is defined as: State, regional or local authorities, bodies governed by public law and associations of one or more of those authorities or of one or more of such bodies governed by public law. (Public Procurement Act of 2015, as amended, § 24 (28) Directive 2014/25/EU, as amended, Art. 3 (1) Directive 2009/81/EC (as of Dec. 2024), Art. 1 (17))
Does the law specify the main procedure types or procurement methods permitted? Yes. Tenders must be conducted in accordance with one of the following procedures: 1. public/open tender, cf. sections 56 and 57; 2. restricted tender, cf. sections 58-60; 3. tender with negotiation, cf. §§ 61-66; 4. competitive dialogue, cf. §§ 67-72, 5. innovation partnerships, cf. §§ 73-79; 6. tender with negotiation without prior notice, cf. sections 80-83; or 7. project competitions, cf. §§ 84-92. (Public Procurement Act of 2015, as amended, § 55)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. "Arbitration court" in the case is defined as the Complaints Board for Public Procurement - an independent administrative board of professional judges set up for hearing and settling procurement disputes. Board decisions can be challenged before the civil courts. The Board consists of a chairman and a number of deputy chairmen (the chairmanship) as well as a number of expert members. The chairmanship and the expert members are appointed by the Minister of Business and Growth for a period of up to 4 years. The presidency consists of city court and county judges. The Board's expert members are appointed from among persons who have knowledge of e.g. construction, public procurement, transport, utilities or legal expertise. (Executive Order No. 593 of 2016 (as of Dec. 2024), § 9)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Danish Competition and Consumer Authority is the main central public-procurement regulator and guidance body. (Consolidation Act on the Danish Competition and Consumer Authority; Public Procurement Act of 2015)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. No dedicated profession of procurement adviser is defined in procurement legislation, and no statutory register or qualification regime was identified. (Public Procurement Act of 2015, as amended (no dedicated legally defined procurement-adviser profession identified))
Is disclosure of final, beneficial owners required for placing a bid? No. The disclosure of a bidder's legal form is required for placing bids and information regarding e.g. board members are required to ensure the grounds of exclusion. Information about ownership is not required, but information about management, board of directors and board members is required. (Public Procurement Act of 2015, as amended, § 135)

Complaints

Is there a fee for arbitration procedure? Yes. The Minister of Business and Growth shall lay down detailed rules on the Complaints Board for Tender Activities, including on the processing of cases, on the fee for submitting a complaint, on the distribution of legal costs and on the publication of decisions. The fee is DKK 20,000 since 2020. (Act on the Complaints Board for Public Procurement; Klagenćvnet guidance)
Is there a ban on contract signature until arbitration court decision (first instance court)? No. If a stay of proceeding is granted by the Board, the contracting authority is banned from contract signature. In cases where the complaint was submitted during the standstill period (10 days after giving notice of the award or 15 days after dispatch of notification), a stay of proceeding (i.e. suspension of the tender) is automatically claimed for 30 days, period during which the Board must notify the contracting authority of its decision on suspension. In cases where the complaint was not submitted during the standstill period, the complainant shall also state if a stay of proceeding is claimed. If the Board does not rule in favour of the claimant (on the subject of a stay of proceeding), and the claimant wishes to continue the trial (i.e. in a situation where multiple claims have been made) there is not a ban on contract signature. Section 185 (2) of the Public Procurement Act further stipulates that, after an award decision has been annulled by final decision or judgement, the contracting authority should cancel the corresponding contract and provide adequate notice of such cancelling, unless special conditions exist which warrant the continuation of the contract. (Executive Order No. 593 of 2016 (as of Dec. 2024), §§ 3, 6 (4) and 12 Public Procurement Act of 2015, as amended, § 185 (2))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? N/S. No fixed statutory maximum number of days for a final decision by the Complaints Board was identified; duration varies by case complexity and procedural posture. (Act on the Complaints Board for Public Procurement; Klagenćvnet practice (no fixed statutory maximum identified))
Is there a requirement to publicly release arbitration court decisions ? Yes. The Board publicly discloses all its decisions on the following website: https://klfu.naevneneshus.dk/ (Exec. Order No. 887/2011, § 11; Complaints Board Guidelines)

Legislation

Act on the Complaints Board for Public Procurement (Danish)pdf
Consolidation Act on the Danish Competition and Consumer Authority (Danish)pdf
Executive Order No. 1624/2015 on the Complaints Board for Public Procurementmissing file:
Executive Order No. 593/2016 implementing the Public Procurement Act (Danish)pdf
Executive Order on the Award of Certain Works, Supply and Service Contracts in the Fields of Defence and Security (Danish)pdf
Executive Order No. 892/2011 on procurement by entities operating in the water, energy, transport and postal services sectors (Danish)pdf
Public Procurement Act 1564/2015missing file:

*Last update: 2017


Anti Money Laundering


Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach33
Sanctions for natural persons43
Sanctions for legal persons25
Pecuniary sanctions for obliged entities40
Beneficial ownership of legal persons and legal arrangements52
Supervision of obliged entities100
Financial Intelligence Units (FIUs)100
Mutual legal assistance (MLA) and International Cooperation100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. No. The AML Act creates a coordination forum for authorities’ risk assessments, but no explicit national provision found here clearly requiring Denmark itself to prepare a national AML/CFT risk assessment. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 74)
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. No. No explicit national provision found here requiring the national risk assessment to be kept up to date and reviewed at least every four years.
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. Yes. The AML Act designates a coordination mechanism: the Minister for Industry, Business and Financial Affairs must establish a forum including the supervisors and the FIU to coordinate authorities’ risk assessments and general measures. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 74)

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. Conversion or transfer of money that is directly or indirectly the proceeds of a criminal offence, in order to conceal or disguise its illegal origin, is a criminal offence. (Bekendtgřrelse af straffeloven, § 290 a, stk. 1)
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; No. The Criminal Code criminalises concealment-related handling of criminal proceeds, but no explicit provision found here covering the full indicator wording on concealment or disguise of the true nature, source, location, disposition, movement, rights or ownership of property. (Bekendtgřrelse af straffeloven, §§ 290 og 290 a)
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. No. The Criminal Code covers receiving or obtaining a share in criminal proceeds and certain concealment-related acts, but it does not clearly and expressly criminalise acquisition, possession or use in the exact terms of the indicator. (Bekendtgřrelse af straffeloven, § 290)
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Attempt is punishable for offences with a maximum penalty exceeding four months, and aiding or abetting is generally punishable. Those rules apply to money laundering offences. (Bekendtgřrelse af straffeloven, §§ 21 og 23)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. Aggravated money laundering is punishable by imprisonment of up to eight years. (Bekendtgřrelse af straffeloven, § 290 a, stk. 2)
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences No. No explicit national provision found here stating that a prior or simultaneous conviction for the predicate criminal activity is not a prerequisite for a money laundering conviction. (Bekendtgřrelse af straffeloven, § 290 a)
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; No. No explicit national provision found here stating that it is sufficient to establish that property derives from criminal activity without establishing all factual elements or the perpetrator of the predicate offence. (Bekendtgřrelse af straffeloven, § 290 a)

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. No. Corporate liability exists, and breaches of the transfer-of-funds regulation are sanctionable, but no explicit national provision found here that matches the indicator’s specific rule on liability of legal persons for breaches of Regulations (EU) 2024/1624 and 2023/1113 by leading persons. (Bekendtgřrelse af straffeloven, §§ 25-27; bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 78)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. No. Corporate liability is recognised in general terms, but no explicit national provision found here establishing liability specifically where lack of supervision or control enabled money laundering for the legal person’s benefit. (Bekendtgřrelse af straffeloven, §§ 25-27)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. A legal person may be punished with a fine where the law so provides, and the corporate liability rules apply to legal persons generally. (Bekendtgřrelse af straffeloven, §§ 25-27)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. No. The Criminal Code provides corporate fines, but no explicit general provision found here imposing the additional sanctions listed in the indicator on legal persons held liable. (Bekendtgřrelse af straffeloven, §§ 25-27)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. Denmark’s AML framework substantively satisfies this indicator. Breaches of the national AML law and of the transfer-of-funds rules are sanctionable, and the sanctioning framework applies not only to legal persons but also to responsible natural persons, including members of management where relevant. Under the methodology, sanctions for breach of the national AML law implementing EU AML rules count as compliant. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), §§ 47, 57 og 78; Bekendtgřrelse af straffeloven, §§ 25-27)
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). No. The AML Act penalises listed breaches committed intentionally or with gross negligence, but it does not clearly establish the exact indicator rule of pecuniary sanctions for serious, repeated or systematic breaches whether intentional or negligent of Regulation (EU) 2024/1624. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 78)
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. Supervisors oversee compliance and may order entities to take necessary measures where the law or applicable AML obligations are breached; Finanstilsynet may also temporarily prohibit the taking-on of new business in serious cases. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), §§ 47, 51 b, 57 og 60)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Denmark provides coercive daily or weekly fines only for non-compliance with certain specified duties or orders; no clear general rule was found allowing periodic penalty payments for failure to comply with any administrative measure imposed by the supervisor. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 80)
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. No. Publication duties cover reactions and certain decisions, but no explicit national provision found here clearly requiring publication of all decisions imposing pecuniary sanctions, administrative measures and periodic penalty payments in the exact terms of the indicator. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), §§ 55 og 62)

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. Beneficial ownership must be registered in the Central Business Register for legal persons and, where required, for trusts and similar legal arrangements. (Bekendtgřrelse af lov om Det Centrale Virksomhedsregister, § 11 a, stk. 1-2; bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, §§ 34-36)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. No. Absent from legal framework
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number No. Danish law requires registration of management where no beneficial owner can be identified, but it does not clearly require all detailed data listed in the indicator for all senior managing officials. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 6, stk. 4)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. No. Entities and trustees must update and review beneficial ownership information, but I did not identify a clear rule requiring the register itself to verify submissions within a reasonable time and regularly thereafter. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 6, stk. 5, og § 34, stk. 4; bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 46 a, stk. 5)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. Yes. Denmark expressly requires competent authorities to report discrepancies between beneficial-ownership information available to them and the information registered in Erhvervsstyrelsen’s system, together with documentation, as soon as possible, unless doing so would interfere unnecessarily with their functions. That matches the indicator in substance. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 15 a, stk. 2-3; Bekendtgřrelse om indberetning af uoverensstemmelser i oplysninger om reelle ejere, §§ 1-3)
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. Yes. Registered beneficial ownership information must be updated promptly after any change. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 6, stk. 5, og § 34, stk. 4)
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. Absent from legal framework
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. No. Absent from legal framework
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. No. Danish law provides fines for failures and incorrect registrations, but I did not identify a clear rule empowering the central register itself to impose the full measures or sanctions described. (Bekendtgřrelse af lov om Det Centrale Virksomhedsregister, § 22, stk. 2 og 5; bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 58)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. No. Competent authorities have access, including FIUs, supervisors, tax and sanctions authorities, AMLA, EPPO, OLAF, Europol and Eurojust, but the law does not clearly state immediate, unfiltered, direct and free access in the terms used by the indicator. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, §§ 45-46, 49 og 51)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. No. Obliged entities may access beneficial ownership information, but I did not identify a clear binding rule limiting any fee to strict cost recovery or guaranteeing that fees cannot undermine effective access. (Bekendtgřrelse af lov om Det Centrale Virksomhedsregister, § 11 a, stk. 3, og § 20, stk. 2; bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, §§ 45, 47 og 49)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. Yes. Persons with a legitimate interest have access to the listed beneficial ownership data for legal entities and legal arrangements. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, §§ 45, 48 og 49)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. Persons acting for journalism, reporting or other media expression connected to AML/CFT are deemed to have a legitimate interest. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 48, stk. 1, nr. 1)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. Civil society organisations, including NGOs and academia connected to AML/CFT, are deemed to have a legitimate interest. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 48, stk. 1, nr. 2)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; Yes. Persons likely to enter into a transaction with a legal entity or legal arrangement to avoid an AML/CFT link are deemed to have a legitimate interest. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 48, stk. 1, nr. 3)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; Yes. Member States’ contracting authorities in public procurement procedures are deemed to have a legitimate interest. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 48, stk. 1, nr. 9)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Beneficial owners may obtain a list of persons with legitimate interest who have access, so the law does not ensure non-identification of journalistic applicants. (Bekendtgřrelse af lov om Det Centrale Virksomhedsregister, § 18 b)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Beneficial owners may obtain a list of persons with legitimate interest who have access, so the law does not ensure non-identification of civil society applicants. (Bekendtgřrelse af lov om Det Centrale Virksomhedsregister, § 18 b)
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. Yes. Access is granted by a certificate valid for three years, and subsequent requests from the same person must be answered within seven working days. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 53)
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. Yes. The refusal grounds for access requests are listed exhaustively in the binding secondary legislation. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 56)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. Yes. The law allows case-by-case exemptions from access in exceptional circumstances involving disproportionate risks, minors or legally incapable persons. (Bekendtgřrelse om registrering af og adgang til oplysninger om ejere i Erhvervsstyrelsen, § 50)

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. Danish law assigns AML/CFT supervision of obliged entities to designated supervisors, including the Danish Financial Supervisory Authority, the Danish Business Authority, the Bar Council and the Gambling Authority. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Sections 47, 57, 64 and 65)

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. Denmark has established a financial intelligence unit. The Danish FIU is the Money Laundering Secretariat within the National Special Crime Unit. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 29(1); Circular on Denmark’s Financial Intelligence Unit (FIU), Section 1)
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. The FIU is the central national unit responsible for receiving and analysing suspicious transaction reports and other relevant information relating to money laundering, associated predicate offences and terrorist financing. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 29(2)(1))
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. The FIU must disseminate the results of its analysis and any additional relevant information to competent authorities, bodies and agencies where there is suspicion of money laundering, associated predicate offences or terrorist financing. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 29(2)(2))
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. Yes. The law expressly states that the FIU is operationally independent and autonomous, with authority and capacity to perform its tasks freely and to take autonomous decisions to analyse, request and disseminate information. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 29(1))
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. Taken together, the Danish framework substantively authorises the FIU to access the information it needs to perform its tasks. Hvidvasksekretariatet may require any information necessary from obliged entities, can obtain records and relationship information on request, and is given access to central mechanisms for bank-account and real-property identification. Given its placement within the National Special Crime Unit, the framework also gives it functional access to law-enforcement information. The existing explanation relied too heavily on the absence of one single explicit formula. (Bekendtgřrelse af lov om forebyggende foranstaltninger mod hvidvask og finansiering af terrorisme (hvidvaskloven), § 29, stk. 1, 2 og 4, § 30, stk. 3, og §§ 30 a-30 b; Cirkulćre om Hvidvasksekretariatet)
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. For larger or especially suspicious transactions, obliged entities must refrain from carrying out the transaction until they have reported it and obtained the FIU’s approval, and the FIU must arrange a decision on seizure by the end of the following banking day. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 26(4))

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. The FIU must cooperate as fully as possible with other EU Member State FIUs and must respond immediately to, and as far as possible comply with, requests related to onward dissemination of information. (Consolidated Act on Preventive Measures against Money Laundering and Financing of Terrorism (Anti-Money Laundering Act), Section 29a(2))
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. The FIU must, spontaneously or on request, provide all information to other EU Member State FIUs for the performance of the FIU tasks, regardless of the type of associated predicate offence and even where that offence has not yet been identified at the time of exchange. (Circular on Denmark’s Financial Intelligence Unit (FIU), Sections 5-6)

Legislation

Grants to Political Parties Law No. 1291 of 8 December 2006missing file:
Radio and Television Broadcasting Law No. 477 of 06 May 2010missing file:
Criminal Code (2005, as amended in 2015)missing file:
Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006missing file:

*Last update: 2017


Asset Recovery


Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation56
International cooperation75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. Denmark has an Asset Recovery Office within the Danish National Police, set up to trace proceeds of crime and assist in seizure and confiscation, (Danish Asset Recovery Office established under the National Commissioner of Police, pursuant to Section 110 of the Administration of Justice Act)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. Confiscated assets and seized items are handled and managed under the authority of the courts and enforcement authorities according to the Administration of Justice Act (Administration of Justice Act (Retsplejeloven), Parts on enforcement of criminal judgments and execution of confiscation orders (including §§ 991–999).)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. Danish law allows seizure of assets by court order for the purpose of securing future confiscation, (Administration of Justice Act, §§ 802–806 (seizure and securing of property for confiscation); Danish Criminal Code, §75(2).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. The (Danish Criminal Code (Straffeloven), §75(1)–(2) (confiscation of proceeds and items used for or produced by a criminal act).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. Where the proceeds cannot be directly confiscated, an amount corresponding to the proceeds may be confiscated; if the basis for determining the amount is insufficient, (Danish Criminal Code, §75(1) (proceeds or an amount corresponding thereto may be confiscated).)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Confiscation can be ordered on items otherwise involved in a criminal act and on proceeds, regardless of formal title, (Danish Criminal Code, §75(2) (items otherwise involved in a criminal act); Administration of Justice Act, §§ 802–806 (seizure of assets held by third parties for confiscation).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Danish law allows confiscation not only of direct proceeds but also of other assets where a link to the criminal offence is established, (Danish Criminal Code, §75(1)–(2).)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) No. Danish confiscation rules require a link to a criminal offence and are generally imposed in connection with conviction; there is no general non‑conviction (Danish Criminal Code, §75 (confiscation linked to a criminal act); Administration of Justice Act (no general in rem confiscation provisions by 31.12.2024).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) No. Outside narrowly defined exceptions, Danish law does not provide a general confiscation regime without conviction; (Danish Criminal Code, §75; Administration of Justice Act (no general NCB framework).)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) No. Denmark had not introduced a specific unexplained‑wealth confiscation regime separate from the general confiscation rules as of 31.12.2024. (Danish Criminal Code, §75 (no separate unexplained‑wealth provision).)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. Danish legislation does not provide for a specific national asset recovery strategy with a five‑year update cycle; this results from Directive (EU) 2024/1260 and had not yet been transposed by 31.12.2024. (No explicit asset‑recovery strategy provision in Danish Criminal Code or Administration of Justice Act.)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. The Administration of Justice Act and related mutual assistance rules allow Danish authorities to assist foreign states with tracing, seizure and confiscation of proceeds, and the Asset Recovery Office (Administration of Justice Act, Part 73 on international cooperation in criminal matters; Danish Asset Recovery Office mandate under National Police)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. The Danish Asset Recovery Office participates in CARIN and the EU ARO network and is mandated to exchange information with foreign AROs (Danish Asset Recovery Office mandate as part of the National Commissioner of Police; participation in the EU Asset Recovery Offices network under Council Decision 2007/845/JHA.)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Danish law on mutual legal assistance and confiscation does not contain a specific rule on cost‑sharing (No explicit cost‑sharing rule identified in Administration of Justice Act)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. Denmark may share confiscated assets with foreign states in accordance with applicable conventions and national rules implementing the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. (Administration of Justice Act, provisions implementing the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141),)

Legislation

Grants to Political Parties Law No. 1291 of 8 December 2006missing file:
Radio and Television Broadcasting Law No. 477 of 06 May 2010missing file:
Criminal Code (2005, as amended in 2015)missing file:
Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006missing file:

*Last update: 2017