On the 8th of October 2025, the Ministry of Digital Affairs (“Digitaliseringsministeriet”) presented the Danish implementing legislation for the Data Act in the Danish Parliament (“Folketinget”).
The Proposal establishes the framework for enforcing the Data Act in Denmark. The next step for the implementing legislation is to undergo the Danish legislative process in order to be formally adopted into Danish Law. The legislative process will begin on the 6th of November 2025.
From the proposed legislation from the implementing legislation’s consultation phase, the proposed competent authority responsible for enforcing the Data Act in Denmark is set to be the Agency for Digital Government (“Digitaliseringsstyrelsen”).
In the Proposal, there is no prescribed maximum penalty; the penalties will, with reference the Data Act’s article 40(1) and (3)(a-f), be effective, proportionate and dissuasive.
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