DenmarkPublic Procurement Act (Udbudsloven), section 40, accessibility in the technical specifications of tenders
Udbudsloven (LBK nr. 116 af 3. februar 2025), § 40, stk. 3, og tilgængelighedsloven § 52, stk. 1
In force since .
A procurement conditions rule binding public and private bodies.
What it requires
- If you sell goods, services or works that a Danish contracting authority procures for use by natural persons, expect its technical specifications to be drawn up, except in duly justified cases, with regard to accessibility for persons with disabilities or design for all users (Udbudsloven § 40(3)); the paragraph names no technical standard.
- Where accessibility requirements are mandatory under EU rules, the technical specifications you tender against are set by reference to those rules (§ 40(3)); § 52(1) of the Accessibility Act makes the accessibility requirements in Annex 1 to that Act such mandatory requirements for the products and services it covers.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Complaints Board for Tenders (Klagenævnet for Udbud), to which a question of breach of the Public Procurement Act or of rules made under it can be brought under section 195(1)
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Section 9 provides that the European Commission revises the thresholds every second year and that contracting authorities apply the thresholds in force at the time, so the printed DKK figures can differ from the thresholds that apply on a given day.
- As of
- Combinator
- Any of
- Criteria
- a public works contract with an estimated value at or above the section 6(1), item 1 threshold in force at the time, which the consolidated Act of February 2025 prints as DKK 38,624,809 excluding VAT
- a public supply or service contract awarded by a State contracting authority with an estimated value at or above the section 6(1), item 2 threshold in force at the time, which the consolidated Act of February 2025 prints as DKK 998,019 excluding VAT
- a public supply or service contract awarded by a non-State contracting authority with an estimated value at or above the section 6(1), item 3 threshold in force at the time, which the consolidated Act of February 2025 prints as DKK 1,541,715 excluding VAT
What this law does
Section 40(1) of the Public Procurement Act (udbudsloven) requires a contracting authority to state the technical specifications in the tender documents. Section 40(3), first sentence, requires the technical specifications for all procurement intended for use by natural persons to be drawn up, except in duly justified cases, with regard to accessibility for persons with disabilities or design for all users.
Section 40(3), second sentence, requires accessibility requirements that are mandatory by virtue of EU rules to be set by reference to those rules. Section 52(1) of the Accessibility Act makes the accessibility requirements in Annex 1 to that Act mandatory accessibility requirements within section 40(3) of the Public Procurement Act.
Article 24(1) of Directive 2019/882 makes the accessibility requirements in its Annex I mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU.
Section 52(2) of the Accessibility Act deems a product or service whose functionalities, elements and functions meet the relevant requirements in Annex 1 and conform with part 6 of that Annex to meet the corresponding obligations in Danish law that arise from EU acts other than the Accessibility Directive, as regards accessibility of those functionalities, elements and functions, unless those acts provide otherwise.
Title II of the Public Procurement Act, which holds section 40, applies to contracts at or above the value thresholds in section 6, tiered by the type of contract and of contracting authority. Section 9 requires contracting authorities to apply the thresholds in force at the time, which the European Commission revises every second year.
Section 195(1) lets anyone with a legal interest, or a right of complaint under the Act on the Complaints Board for Tenders, bring a question of breach of the Public Procurement Act or of rules made under it before the Complaints Board for Tenders (Klagenævnet for Udbud).
Under section 7(1) of the Act on the Complaints Board for Tenders, a complaint by an undertaking that it was not selected in a restricted procedure, a competitive procedure with negotiation, a competitive dialogue or an innovation partnership must be filed within 20 calendar days of the day after the notice of who was selected was sent.
Section 7(2) of that Act sets the time limits for other complaints about tenders under titles II and III, including 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. Section 13(1) of that Act lets the Board suspend the contracting authority’s procedure or decisions, annul its unlawful decisions, order it to bring the procedure into line with the rules, or impose an economic sanction on it.
Sections 16 and 17 of that Act let or require the Board to declare a contract ineffective in the cases they list. Section 55(3) of the Accessibility Act takes tender procedures under the Public Procurement Act out of that Act’s consumer complaint route. Section 57(4) of the Accessibility Act takes those tender procedures out of its penalty provisions. Section 196(1) brought the Public Procurement Act into force on .
When LexLint raises it
When your app profile says your app ships a consumer interface.
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