Catalog / Processes biometric data / LXD-1310

Processes biometric data, in Denmark

Each law's tag says when it binds: since in force proposed proposed

GDPR Article 9, Special Categories of Personal Data as Applied in Denmarksince 1 line

Regulation (EU) 2016/679, Art. 9 · Read the law's page

  • Ground the processing of any biometric identifier of a person in Denmark, including a faceprint or voiceprint captured for unique identification, on a GDPR Article 9(2) condition such as explicit consent.
Lov nr. 467 af 14. maj 2025, National Competent Authorities and Article 5 Enforcementsince 2 lines

Lov nr. 467 af 14. maj 2025 om supplerende bestemmelser til forordningen om kunstig intelligens (AI-loven), Folketingets sagsforlob 2024/1 LF 154 · Read the law's page

  • Do not deploy an AI system in Denmark that engages in a practice the EU AI Act's Article 5 prohibits, including untargeted scraping of facial images from the internet or CCTV to build a facial-recognition database, biometric categorization that infers a protected characteristic, or individual predictive-policing profiling.
  • Provide accurate, complete information to Digitaliseringsstyrelsen, Datatilsynet or Domstolsstyrelsen on request, and allow them to inspect your premises and technical systems, or risk a fine; the Danish text states no ceiling, and the bill's notes say the EU AI Act's Article 99 ceilings apply.
Forslag til Lov om produktansvar (Bill L 32), Implementation of Directive (EU) 2024/2853proposed12 lines

Forslag til Lov om produktansvar, L 32 (2026/1) · Read the law's page

  • If you develop or make software, or have it developed or made, you answer as its manufacturer, unless it is free open-source software that you develop or supply outside commercial activity (Secs. 1(2), 3 point 1 and 3 point 10).
  • Keep supplying the software updates and upgrades needed to keep the product safe while the product is within your control: a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (Secs. 3 point 5 and 12(2)).
  • Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (Sec. 6(2) point 6), and failing a mandatory requirement that protects against the damage suffered presumes it defective (Sec. 11(2) point 2).
  • Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (Sec. 6(2) point 3).
  • Keep records you could produce if a court orders disclosure on a claimant's supported request, because failing to comply with the order presumes the product defective (Secs. 10(1), 11(2) point 1).
  • If you are a manufacturer established outside the European Union, your importer and your authorized representative answer as the manufacturer would, and where there is neither, the provider of distribution services answers (Sec. 7(1) point 3).
  • If you substantially modify a product outside the manufacturer's control and then make it available on the market or put it into use, you answer as its manufacturer (Sec. 7(2)).
  • If you are a distributor, or an online platform that lets consumers conclude distance contracts with traders, identify the operator established in the European Union or your own supplier within a month of the injured person's request, or you answer for the product (Sec. 7(3) and (4)).
  • Do not rely on a contract term to limit or exclude your liability to an injured person, because the Act cannot be departed from to the injured person's detriment (Sec. 2).
  • Be ready to prove a Section 12 defense: that you did not put the product into circulation, that the defect probably did not exist then, that it results from compliance with legal requirements, or that the objective scientific and technical knowledge then did not allow the defect to be discovered (Sec. 12(1)).
  • If you integrate software made by a micro or small enterprise as a component, a recourse waiver agreed with that enterprise removes your recourse against it (Sec. 13(4)).
  • Claims are time-barred 3 years after the injured person knew or should have known of the damage, the defect and the liable operator, and the right expires 10 years after the product was put into circulation or into use, or 25 years for a latent personal injury (Secs. 15 and 16).
Bill L 49 amending the Copyright Act, protection against realistic digitally generated imitations of a natural person's face, voice and body (proposed section 73a)proposed3 lines

Forslag til lov om ændring af lov om ophavsret (Beskyttelse af personlige kendetegn m.v. og ændret proces for prøvelse ved Ophavsretslicensnævnet), 2026/1 LF 49 (L 49), ny § 73 a · Read the law's page

  • Do not make a realistic digitally generated imitation of a natural person's face, voice, or other physical characteristics available to the public without that person's consent.
  • An exception applies to an imitation that is an expression of caricature, satire, parody, criticism of power, social criticism or similar, unless the imitation is misinformation that could specifically cause serious danger to another person's rights or material interests.
  • If you make such an imitation available to the public, you bear the burden of proving the imitated person's consent.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

Page updated .