Distributes a software product, 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 pligt til opbevaring af oplysninger om forsyningskæden ved salg af tilgængelige produkter (BEK nr. 823 af 8. juni 2022) · Read the law's page

• If you make, import or distribute a product covered by section 1(1) of the Accessibility Act, be able for 5 years to give the information on every trader that supplied you with the product and every trader you supplied it to, and give it to the control authority on request (Order 823 of 2022, § 2; Act § 33(1)).

Tilgængelighedsloven, produkter (lov nr. 801 af 7. juni 2022), §§ 1, stk. 1, 4-5, 8-10, 12, 14-33 og 38-57 · Read the law's page

• If you make, import or distribute a covered consumer product in Denmark, place it on the market only if it meets the accessibility requirements in parts 1 and 2 of Annex 1 to the Act; a self-service terminal need meet only part 1 (§§ 4 and 5).
• As manufacturer, design and make the product in line with the Act, draw up the technical documentation under Annex 3, have the conformity assessment procedure carried out unless § 8 applies, draw up the EU declaration of conformity and affix the CE marking, and keep the technical documentation and the declaration for 5 years after the product is placed on the market (§§ 16 and 17).
• Keep procedures that ensure series production stays in conformity with the Act, taking account of changes to the design or characteristics of the product and to the harmonised standards or technical specifications (§ 18).
• Mark the product with a type, batch or serial number and with your name, registered trade name or trade mark and a single contact address in a language end users and authorities understand; where the size or nature of the product prevents it, put the information on the packaging or in a document that accompanies the product (§ 19).
• Supply the product with instructions and safety information in Danish that are clear and understandable (§ 20).
• If you know or ought to know that a product you placed on the market does not conform, immediately take the corrective measures needed or withdraw it, inform the relevant control authority and the competent authorities of the other Member States where you made it available, keep a register of non-conforming products and related complaints, and cooperate with the authority on request (§ 21).
• If you act as an authorised representative, carry out the tasks in the manufacturer’s mandate, which at least cover keeping the declaration of conformity and technical documentation available to the authority for 5 years after the product is placed on the market, giving the authority on reasoned request the information and documentation needed to assess conformity, and cooperating on corrective measures (§ 23); the mandate cannot cover the manufacturer’s duty in § 16 or the drawing up of the technical documentation (§ 22(2)).
• If you import, place on the market only products that meet the Act (§ 24); before doing so make sure the manufacturer has drawn up the technical documentation, met the marking requirements and supplied Danish instructions and safety information (§ 25(1)); unless the product is exempt under § 8(1), also make sure the manufacturer has prepared the conformity assessment procedure and that the product bears the CE marking and comes with the EU declaration of conformity (§ 25(2)); keep a copy of the declaration for 5 years (§ 25(3)).
• As importer, put your name, registered trade name or trade mark and postal address on the product or, where that is not possible, on the packaging or an accompanying document (§ 26); keep storage and transport conditions that do not jeopardise conformity (§ 27); do not place on the market a product you know or ought to know does not conform until it does, tell the manufacturer and the control authority, and for a product already on the market take corrective measures, inform the authorities and keep the register of non-conforming products and complaints, and cooperate with the control authority on request (§ 28).
• If you distribute, act with due care and check before making a product available that it comes with Danish instructions and safety information and that the manufacturer and importer have met the marking requirements; unless the product is wholly exempt under § 8(1), also check that it bears the CE marking (§ 29).
• As distributor, keep storage and transport conditions that do not jeopardise conformity (§ 30); do not make available a product you know or ought to know does not conform until it does, tell the manufacturer or importer and the control authority, take corrective measures for a product already available, inform the authorities and cooperate with the control authority on request (§ 31).
• If you place a product on the market under your own name or trade mark, or change a product already on the market in a way that may affect conformity, you are treated as the manufacturer and carry its obligations in §§ 16 to 21 (§ 32).
• On request from the control authority, identify every other trader that supplied you with a product and every trader you supplied with one (§ 33(1)), and be able to give that information for 5 years (Executive Order 823 of 2022, § 2).
• Draw up the EU declaration of conformity in the Annex 6 model, in Danish or English, stating that the applicable accessibility requirements are shown to be met and, for a product partly exempt under § 8(1), which requirements it is exempt from; keep it up to date and list every EU act that requires a declaration (§§ 38 to 40).
• By drawing up the EU declaration of conformity you answer for the product meeting the Act (§ 41).
• Affix the CE marking before the product is placed on the market, visibly, legibly and indelibly, in line with Article 30 of Regulation (EC) No 765/2008 (§§ 42 to 44).
• To rely on § 8(1), assess against the criteria in Annex 5 whether compliance would fundamentally alter the product or impose a disproportionate burden, document the assessment, keep it for at least 5 years after the product was last made available and give the authority a copy on request (§ 9); 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)).
• A microenterprise that trades in products need not document the assessment but must give the authority, on request, the information relevant to it (§ 10), and need not send the notice under § 12(1) (§ 12(2)).
• Give the control authority all information it considers necessary to establish whether a product 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 product on site, photograph, film and take samples (§ 47).
• Allow the control authority to take any covered product, 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 product right within the time set, with a later order to stop selling the product or withdraw it from the market, with an order to correct a CE marking, declaration, documentation or marking defect, and with an order to stop selling a product that wrongly bears the CE marking or to remove the marking (§§ 49 and 50).

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).