Ships a mobile app, in Denmark

Lov om produktansvar, lovbekendtgørelse nr. 261 af 20. marts 2007 · Read the law's page

• The Act applies to a defect in a product, which Section 3 defines as a movable object (løsøregenstand) and electricity, and the Ministry of Justice's memorandum to Bill L 32 says it has been unclear whether intangible products such as software are covered, so treat standalone software as an open question under Section 3 and treat software inside a physical object as covered.
• If you make a finished product, a part product or a raw material, or put your name, mark or other distinguishing feature on a product, or import a product into the European Community in the course of your business for resale, hire or leasing, you answer for damage a defect causes without proof of your fault (Secs. 4(1) and (2), 6(1)).
• If you are an intermediary and the injured person cannot establish who produced the product or who imported it, give the injured person within a reasonable time the name and address of the producer or importer or of your own supplier, or you are treated as the producer (Sec. 4(4) and (5)).
• If you are an intermediary, show that damage to a person or to a consumer's thing is not due to your own fault or negligence, or you answer for it, and answer to the injured person and later intermediaries for fault by the producer or earlier intermediaries (Secs. 10 and 10a).
• Make the product as safe as can rightly be expected, taking account of how it is marketed, the use that can reasonably be expected and the time you put it into circulation (Sec. 5).
• Be ready to prove a Section 7 defense: that you did not put the product into circulation, that you did not make or circulate it in the course of a business, that the defect results from mandatory public rules, that the defect did not exist when you put the product into circulation, or that the state of scientific and technical knowledge then made the defect impossible to discover (Sec. 7(1) and (2)).
• If you made only a part product, be ready to prove that the defect results from the design of the finished product or from instructions its maker gave you (Sec. 7(3)).
• Do not rely on a prior agreement to limit your liability to the injured person, because the Act cannot be departed from to the injured person's detriment (Sec. 12).

Bekendtgørelse om tilgængelighed af programvirksomhed på grundlag af tilladelse og registrering for personer med handicap (BEK nr. 944 af 18. juni 2020) · Read the law's page

• If you provide television or on-demand audiovisual media services under Danish jurisdiction on the basis of a licence or registration under chapter 8 of the Radio and Television Act, make your programme activity gradually and continuously more accessible to persons with disabilities by proportionate measures (§ 2(1)); the measures include sign-language interpretation, subtitling for deaf and hard-of-hearing viewers, read-aloud subtitles and audio description (§ 2(2)).
• Submit action plans to the Radio and Television Board that state how you will seek to meet § 2; the plans apply as a rule for three years, and in choosing measures you take account of technological development, user needs, usefulness and resources ; the Board decides whether a plan can be noted or must be changed (§ 3).
• Report regularly to the Radio and Television Board on carrying out the action plans, as a rule every three years (§ 4).
• On request, give the Board the information, documents and written statements about your operations that it needs to assess whether the Order is complied with, within the time it sets (§ 7).

Tilgængelighedsloven, tjenester (lov nr. 801 af 7. juni 2022), §§ 1, stk. 2, 2, 4, 6-9, 11-12, 34-37, 45-57 og 59 · Read the law's page

• If you provide a covered service to consumers in Denmark, make the service meet the accessibility requirements in parts 3 and 4 of Annex 1 to the Act (§§ 4 and 6(1)); urban, suburban and regional transport services need meet only part 4 (§ 6(2)).
• If you provide electronic communications services, provide real-time text in addition to voice, total conversation where you provide video in addition to voice, and emergency communications that are synchronised and sent to the most appropriate alarm centre (Annex 1, part 4, point a).
• Design and supply the service in line with the Act (§ 34); before supplying it, prepare the information required by Annex 4 and explain how the service meets the accessibility requirements, publish it in writing and orally, including in a way accessible to persons with disabilities, and keep it as long as the service is offered (§ 35).
• Keep procedures that ensure the supply of the service stays in conformity with the Act, taking account of changes to the characteristics of the service, to the applicable requirements and to the harmonised standards or technical specifications (§ 36).
• If the service does not conform, take the measures needed to bring it into conformity, immediately inform the relevant control authority in every Member State where the service is supplied of the non-conformity and the measures taken, and cooperate with the authority on request (§ 37).
• To rely on § 8(1), assess against the criteria in Annex 5 whether compliance would fundamentally alter the service or impose a disproportionate burden, document the assessment, keep it for at least 5 years after the service was last supplied and give the authority a copy on request (§ 9); renew the assessment for each category or type of service when the service is changed or the authority asks, and at least every 5 years (§ 11); send the information that you rely on § 8 to the relevant control authority (§ 12(1)); you cannot rely on the disproportionate burden if you do not use only your own funds to improve accessibility (§ 8(2)).
• Microenterprises that provide services are exempt from parts 3 and 4 of Annex 1 and from every obligation connected with them (§ 6(3)); a microenterprise is an enterprise that employs fewer than ten persons and has an annual turnover or a total annual balance sheet not exceeding EUR 2 million (§ 3, item 19).
• The Act does not apply to pre-recorded time-based media or document formats published before 28 June 2025, to online maps and mapping services where essential navigation information is given in an accessible digital manner, to third-party content you neither finance, develop nor control, or to archive content not updated or edited after 28 June 2025 (§ 2).
• A service that meets the accessible-information requirements of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010 and (EU) No 181/2011, Regulation (EC) No 1371/2007 and the acts adopted under Directives 2008/57/EC and (EU) 2016/797 is deemed to meet the corresponding requirements of the Act, and the Act’s additional requirements apply in full (§ 7).
• Give the control authority all information it considers necessary to establish whether the service conforms and, if you rely on § 8(1), what is needed to check the assessment (§ 46); give it access to your business premises and means of transport on proper identification and without a court order, and allow it to examine the service on site, photograph, film and take samples (§ 47).
• Allow the control authority to take any covered service, also under a hidden identity, and refund its purchase cost if it demands it; refund the cost of external technical examinations where it takes a decision against you following the examination (§ 48).
• Communicate in writing with the control authorities digitally, unless the relevant authority exempts you in special circumstances (§ 54(1) and (2)).
• Comply with an order to put a non-conforming service right within the time set and with a later order to stop offering the service (§ 49).
• You may keep supplying similar services with products lawfully used for services before 28 June 2025 until 28 June 2030 (§ 59(2)); service agreements concluded before 28 June 2025 may continue unchanged until they expire and at the latest until 28 June 2030 (§ 59(3)); payment terminals and self-service terminals lawfully used for services before 28 June 2025 may keep providing similar services until the end of their economic life and at most 20 years after they were put into use (§ 59(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).