Law / Denmark

Radio- og fjernsynsloven Sections 51a-51c, Video-Sharing Platform Minor Protection

Lov om radio- og fjernsynsvirksomhed m.v., sections 51 a-51 c (Videodelingsplatformstjenester), inserted by Lov nr. 805 af 9. juni 2020

In force since .

An adult content age verification (AV) rule binding private bodies.

Audit expectation
none

What it requires

  • Applies to video-sharing platform service providers under Danish jurisdiction.
  • Register with Radio- og tv-naevnet.no control in the NIST Privacy Framework
  • Follow the Culture Minister's rules requiring appropriate measures to protect minors from harmful content, and to protect the public from content that incites violence or hatred, or whose spread is a criminal offence (public incitement to terrorism, child pornography under Straffeloven section 235, racism or xenophobia).no control in the NIST Privacy Framework
  • Do not process a minor's personal data, collected or generated by your platform, for commercial purposes, as the Culture Minister's rules provide.NIST Privacy FrameworkCT.PO-P1

These lines are LexLint's reading of the law's text. Also read by: Radio- og tv-nævnet (Radio and Television Board), through its secretariat Slots- og Kulturstyrelsen (guidance, recorded ).

In the frameworks

NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Guidance link
https://slks.dk/omraader/medier/tv/internet-on-demand-mv/andre-end-on-demand/videodelingsplatformstjenester/
Guidance body
Radio- og tv-nævnet (Radio and Television Board), through its secretariat Slots- og Kulturstyrelsen
Open questions
Does a social media service whose audiovisual content is more than a supplement but not its main part count as a video-sharing platform service under Section 51 a(2) of the Radio- og fjernsynsloven, when the Act leaves the rules on 'væsentlig funktion' to the Culture Minister and the Radio- og tv-nævnet's guidance says the Ministry's guidelines on that criterion are still to come?

What it makes you log

Logging duty

Section 51 b requires the Minister to set rules on protective measures for minors and bars commercial use of minors' personal data collected for them; the act states no duty to create or keep a log or record. Detailed rules sit in a ministerial order that this row does not cover.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A provider of a video-sharing platform service under Danish jurisdiction must register with Radio- og tv-naevnet. The Culture Minister sets rules requiring such a provider to take appropriate measures to protect minors from harmful content, and rules that a minor's personal data collected or generated by the provider may not be processed for commercial purposes.

The Culture Minister separately sets rules requiring such a provider to take appropriate measures to protect the public from content that incites violence or hatred, or whose spread is a criminal offence: public incitement to terrorism, child pornography under Straffeloven section 235, or racism and xenophobia. Radio- og tv-naevnet registers providers, supervises them and prosecutes violations of the Act and of rules made under it.

Radio- og tv-naevnet may decide to stop a provider's activity, temporarily or permanently, for a gross or repeated violation.

When LexLint raises it

When your app profile says your app publishes adult content.

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