Tracks devices, in Denmark

Bekendtgørelse nr. 1148 af 9. december 2011, § 3-4 · Read the law's page

• Obtain the end user's consent, after giving full information about the storage or access, before storing information in, or accessing information already stored in, the end user's terminal equipment, or letting a third party do so (section 3, paragraph 1).
• Make the information clear, precise and easy to understand, state the purpose, identify every person arranging the storage or access, give immediate access to refuse or withdraw consent with clear guidance on using it, and make the information immediately accessible (section 3, paragraph 2).
• Where the storage or access happens through an information and content service, keep the information permanently available through a direct and clearly marked access on that service (section 3, paragraph 2).
• You need no consent where the storage or access only carries communication over an electronic communications network or is required to deliver an information society service the end user expressly requested (section 4).

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).