EUROPAM

European Public Accountability Mechanisms

Denmark

Country score (European Average*)
  • 41(67) Political Financing
  • 0(50) Financial Disclosure
  • 6(41) Conflict of Interest
  • 46(56) Freedom of Information
  • 49(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)47,810
Population, total5,676,002
Urban population (% of total)87.7
Internet users (per 100 people)96.0
Life expectancy at birth (years)80.4
Mean years of schooling (years)12.7
Global Competitiveness Index5.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Grants to Political Parties Act (2006) and Parliamentary Election Act of Denmark (2009) are the main laws regulating the funding of political parties in Denmark.

The laws appear to impose little or no limits on the income of political parties. Donations from foreign entities, corporations, trade unions and anonymous donors are permitted. There appear to be no limits on the amount of money a party can accept. 

There are provisions for the public funding of political parties and candidates. Funding is allocated to parties that have participated in the most recently held general election. Parties may use this funding to support their political work. Candidates can receive grants based on the number of votes received. All parties are given equal time broadcasting time which is provided free of charge.

For regulations on spending, vote buying is banned but there appear to be no limits on spending. 

Parties are required to publish accounts which in some cases require the identity of a donor to be revealed (depending on the amount donated). Reports are submitted to the Minister for the Interior and Health and are also overseen by the Auditor General. Sanctions for breaches of the law include fines and imprisonment.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income000
Public funding626262
Regulations on spending252525
Reporting, oversight and sanctions757575

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework.
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework.

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework.
Is there a ban on corporate donations to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework.

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Absent from legal framework.
Is there a ban on anonymous donations to candidates? No. Absent from legal framework.

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. Absent from legal framework.
Is there a ban on any other form of donation? No. Absent from legal framework.

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework.

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election, cf. however subsection (3). (2) A candidate who stood as an independent candidate at the most recently held general election shall be entitled to receive a grant in support of his or her political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the candidate at the election, cf. however subsection (3). (3) No grant shall be provided for parties and independent candidates in whose favour fewer than 1,000 votes were cast at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Articles 2, 3, 4)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. All parties are given equal time free of charge. Buying media time is prohibited for candidates and parties. p. 6 "Concerning indirect public funding, the only source provided in Denmark is free access to the public broadcast media during election campaigns. The guidelines of the "Danish Radio and Television" (a national public service station) aim at ensuring that all registered political parties are given equal access to pre-election programmes on radio and television. All parties (no matter how small) are given equal time free of charge to present their manifestos etc. to the public". Evaluation Report on Denmark on Transparency of Party Funding (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television Group of Countries Against Corruption. Evaluation Report on Denmark on Transparency of Party Funding (Theme II). Council of Europe: Strasbourg, 2009, p. 6)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Only to political parties. (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. 13.-(1) Grant amounts disbursed in pursuance of this Act shall not be included in the taxable income. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 13(1))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 117 "Any persons who (...) (4) grants, or promises or offers any pecuniary favour with a view to making a person vote in a particular way or abstain from voting; or (5) receives, or demands or accepts the promise of any pecuniary favour against voting in a particular way or against abstaining from voting; shall be liable to a fine or to imprisonment for any term not exceeding two years" (Criminal Code (2005, as amended in 2015), Article 117)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? No. Absent from legal framework.

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b (1))
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework.
Do candidates have to report on their campaign finances? Yes. Parties that have been established for the last general election, or the European Parliament, should be accountable to the national party organization's income and expenses. The accounts must include information on the following sources: 1) Public party funding. 2) The quota income. 3) Additional private grants from private individuals. 4) Interest income. 5) grants from international organizations, collective private associations, professional organizations, trade associations, businesses, foundations and associations. If a party during the year, see. § 4 pcs. 1, from the same private benefactor has received one or more grants which exceed 20,000 kr., Must grant sizzle name and address appear in the accounts. The records shall also contain information about the total size of any anonymous contributions and communicate the amount of any single anonymous contribution of more than 20,000 kr. The accounts must include information on assets and equity. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006, Article 3)
Is information in reports from political parties and/​or candidates to be made public? Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5 )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 10b.-(1) Grants pursuant to section 3 shall be provided only to the extent the grant recipient has submitted a declaration to the regional council, stating whether the grant recipient, cf. also subsection (2), in the preceding calendar year from the same private benefactor has received one or more contributions which together exceed DKK 20,000. In such event the benefactor’s name and address must be disclosed. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 10b (1))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b(1))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. 7c.-(1) In pursuance of section 2 the Auditor General may require directly from the recipient of a grant that he or she hand over the accounting records regarding the grant provided under section 2 for scrutiny, which is considered by the Auditor General to be of importance to the review of the fulfilment of conditions for grants in pursuance of this Act and to the application of the grant being in proper compliance with this Act. Furthermore, except for sections 4, 6(1), 16, 17(3) and 18(2), the review shall be subject to the Public Accounts Audit Act in pursuance of the first sentence. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7c(1))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Loss of public funding Yes. 6a. A person who submits false or incomplete information ($3) shall be punished by a fine or imprisonment for up to 4 months. The same penalty the person making false statement in accordance with § 4, paragraph. 2nd. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. Unless a higher penalty is prescribed under other legislation punishable false declaration under § 7 paragraph. 2 and 3, § 7 a paragraph. 3, § 10 paragraph. 2 and 3, § 10 a paragraph. 3, § 11b paragraph. 2 and 3 and § 11c paragraph. 3, a fine or imprisonment for up to 4 months. A person who submits false or incomplete information in accordance with § 10b or § 11 d, punishable by a fine or imprisonment for up to 4 months. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties (2006), Article 6a Grants to Political Parties (2006), Article 14a)
Sanctions for political finance infractions: Penal/Criminal Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), , 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other Yes. Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14.a.3)

Qualitative data for 2016


Legislation

Grants to Political Parties Law No. 1291 of 8 December 2006 (English)pdf
Radio and Television Broadcasting Law No. 477 of 06 May 2010 (English)pdf
Criminal Code (2005, as amended in 2015) (English)pdf
Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006 (Danish)pdf

Financial Disclosure

No public official in Denmark is obliged to make any financial disclosure statements. For Ministers and Members of Parliament, however, a voluntary mechanism for disclosing public or private interests exists. Members of the government would publish these declarations on the webpage of the Prime Minister, and Members of Parliament follow the guidelines set down by their party. No such rules exist for Civil Servants. The Code of Conduct for public officials (2007) makes no references to financial disclosure.


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items000
Filing frequency000
Sanctions000
Monitoring and Oversight000
Public access to declarations000

Alternative Metric

201220152016Trend
Head of State000
Ministers000
Members of Parliament000
Civil servants000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Income and Assets
Real estate No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Movable assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Cash No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Loans and Debts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Income from outside employment/assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Incompatibilities
Gifts received as a public official No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Private firm ownership and/or stock holdings No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Ownership of state-owned enterprises (SOEs) No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Holding government contracts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Board member, advisor, or company officer of private firm No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Post-employment No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Simultaneously holding policy-making position and policy-executing position No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Participating in official decision-making processes that affect private interests No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Concurrent employment of family members in public sector No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)
Timing of information release specified No.
Location(s) of access specified No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)
Cost of access specified No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Income and Assets
Real estate No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Movable assets No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Cash No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Loans and Debts No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Income from outside employment/assets No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Civil Servants Law No. 488, 2010, amended 2011)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)
Timing of information release specified No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)
Location(s) of access specified No.
Cost of access specified No. Voluntary disclosures in Parliament and Prime Minister website. No legal obligation. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 Open government Law No. 606, 2013)

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Civil Servants Law, 2010, amended 2011 (Danish)pdf
Open Government Law, 2013 (Danish)pdf

Conflict of Interest

There are no regulations governing conflicts of interests for the Prime Minister, Ministers or Members of Parliament. The Civil Servants’ Act (2008) does not allow for Civil Servants to pursue a second occupation if this would constitute a conflict of interests. The Finance Minister gives guidance on this matter. No other regulations exist.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions555
Sanctions000
Monitoring and Oversight121212

Alternative Metric

201220152016Trend
Head of State000
Ministers000
Members of Parliament000
Civil servants232323

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of State is monarch. Legal provisions do not apply.
Accepting gifts No. Head of State is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of State is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of State is monarch. Legal provisions do not apply.
Holding government contracts No. Head of State is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of State is monarch. Legal provisions do not apply.
Post-employment No. Head of State is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of State is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of State is monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of State is monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of State is monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of State is monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. An official can only have jobs beside his official position, insofar as and to the extent it is consistent with the conscientious exercise of official position related duties and with the necessary post-esteem and confidence. (Article 17 Civil Servants Act (2004, last amended 2008))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. An official can only have jobs beside his official position, insofar as and to the extent it is consistent with the conscientious exercise of official position related duties and with the necessary post-esteem and confidence. (Article 17 Civil Servants Act (2004, last amended 2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Fines are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2008))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Sanctions are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Sanctions are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2008))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Finance Minister to give guidance (Article 19 (3) Civil Servants Act (2004, last amended 2008))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2016


Legislation

Civil Servants Act, 2004, amended 2008 (Danish)pdf

Freedom of Information

Denmark’s access to information regime is established by the Open Government Act No. 606 (2013). All activity exercised by the public administration is covered, but the law only mentions administrative documents. The law also applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Criminal Code (2005), and the Act on Processing of Personal Data No. 429 (2000). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner. The Ombudsman’s decisions are non-binding. 

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage899393
Information access and release587171
Exceptions and Overrides676767
Sanctions for non-compliance000
Monitoring and Oversight000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. (Section 7, Open Government Act No. 606, 12 June 2013 )
"Information" or "Documents" is defined Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. There are several sections addressing what is not included in the definition of information. (Section 7, Open Government Act No. 606, 12 June 2013 )
Proactive disclosure is specified Yes. Government departments, subordinate agencies and directorates, independent boards, councils and the central government in municipalities and regions must provide information about the authority’s activities on its website. It must also draw up guidelines relating to the what information will be disclosed on the website. (Chapter 3, Section 17 Open Government Act No. 606, 12 June 2013 )

Coverage of public and private sectors

Executive branch Yes. All public administrative authorities are covered by the law. Archives are not however included under the scope. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Legislative branch Yes. All activity exercised by the public administration is covered but the law only mentions administrative documents. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Judicial branch No. The law only covers the public administration. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Other public bodies Yes. All public administrative authorities are covered by the law. (Section 2 and Section 3 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Private sector Yes. The law applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority. Companies which are not covered by the above criteria but which carry out functions which are effectively public functions are required to report on their activities to the public authorities and this reports are publicly available under the FOIA. (Sections 4 - 6 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. There should be a public portal containing laws, regulations and draft laws. (Chapter 3 Section 18 Open Government Act No. 606, 12 June 2013 )
Enacted legal instruments Yes. After the monarch has given Royal Assent ror a new law, s/he shall promulgate the law including ensuring publication in the Lovtidende (Law Gazette). There should be a public portal containing laws, regulations and draft laws. (Article 22, Constitutional Act of Denmark 1953 Chapter 3 Section 18 Open Government Act No. 606, 12 June 2013)
Annual budgets Yes. The Constitution requires a Finance Bill covering the state budget for the next fiscal year shall be submitted to the Folketing (parliament) not later than four months before the beginning of such fiscal year. Aside from this, very few aspects of the annual public sector budgeting process are enshrined in law. There is, for example, no organic budget law in place. Provisions normally contained in such an act are specified in the Budget Guidelines Handbook, which is issued by the Ministry of Finance. Budgeting in Denmark takes a top-down approach. Regional and local budgeting is governed by an Order from the Ministry of Justice. As the Executive is covered by the FOIA, budgeting information should be available from the individual public bodies. (Article 45, Constitutional Act of Denmark 1953 Annual Finance Acts Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Annual chart of accounts (actual expenditures) Yes. The Public Accounts must be submitted to the Folketing (parliament) not later than six months after the end of the fiscal year. The Auditor General's report to the Public Accounts Committee on state accounts and the accounts of bodies funded by the state becomes public the day after presentation to the Committee. As the Executive is covered by the FOIA, accounts should be available from the individual public bodies. (Article 47, Constitutional Act of Denmark 1953 Section 18(b)(2) Auditor General Act on Audit of State Accounts 1997 Section 1 State Accounting Law No. 131, 28 March 1984 Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Annual reports of public entities and programs Yes. As the Executive is covered by the FOIA, annual reports information should be available from the individual public bodies. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Any person may ask to see the documents under the Access to Public Administration Files Act and any person party to a matter in which a decision has been or will be made by an administration authority can ask to be apprised of the documents involved. (Chapter 2 Section 7 Open Government Act No. 606, 12 June 2013 Part 4 Section 9(1) Public Administration Act No. 571, 19 December 1985)
Type of request is specified (written, electronic, oral) No. Absent from legal framework (General)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Under the Public Administration Act, an administrative authority must, to the extent necessary, guide and assist individuals submitting inquiries falling within the scope of activities of the authority.  (Section 7 Public Administration Act No. 571, 19 December 1985)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The Minister of Justice sets rules on payment for the provision of documents and the disclosure of a compilation of data or a data description. Can't find a Ministry of Justice Order setting out fees (Section 40(2)(3) Open Government Act No. 606 12 June 2013 Section 16(6) Public Administration Restatement Act No. 433, 2012, amended 2013)

Deadlines for release of information

20-day response deadline Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Agency granted right to extend response time Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Maximum total response time of no more than 40 days No. Where a request for information has not been fulfilled or rejected within seven days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. No upper limit on the response time is set. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Section 152 of the Criminal Code regulates state secrets. (Section 152 Criminal Code 2005)
Existence of personal privacy/data law Yes. Although not comprehensively regulated in the Constitution the right to privacy is protected in the Criminal Code which demonstrates the importance attached to privacy protection in law. The Act on Processing of Personal Data prohibits the processing of personal data except for the circumstances and purposes set out within the law. (Section 152(d)(2), Section 260, Section 263, Section 264(3) and Section 281 Criminal Code 2005 Act on Processing of Personal Data No. 429 2000, amended 2013 )
Specific exemptions to disclosure Yes. The right of access to administration files shall in a wide range of circumstances including: an authority’s internal case material (until finalised, in certain circumstances; ministers’ calendars, internal documents and information exchanged at a time where there is a concrete reason to believe that a minister has or will have a need for civil service advice and assistance, records of meetings of the Council of State, meetings of ministers; preparatory documents regarding proposed legislation, proposals for adoption by the EC; correspondence between authorities and outside experts for use in court proceedings or in deliberations on possible legal proceedings; material gathered for public statistics or scientific research; personal data and information on the private circumstances of individual persons including their finances. Information may also be withheld in the interests of: state security; state secrecy; professional secrecy; foreign policy; external economic interests; international relations; law enforcement; implementation of public supervision of measures planned under taxation law; protection of public financial interests. (Chapter 4, Sections 19 – 35 Open Government Act No. 606, 12 June 2013 Sections 15 - 15(c) Public Administration Restatement Act No. 433, 2012, amended 2013 Section 152 Criminal Code 2005 Section 6(1) and Section 6(2) Act on the Processing of Personal Data No. 429, 2000, amended 2013)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Administrative appeals can be made against decisions in respect of requests for access to documents. The appeal is made directly to the administrative body to which the request was made. Under the Public Administration Act, any decision from which appeal would be made to another administration authority shall be informed where to appeal and informed of the procedure for lodging of appeal, including any time limit for so doing. (Chapter 5 Section 37(2) Open Government Act No. 606, 12 June 2013 Section 15(4) Public Administration Restatement Act No. 433, 2012, amended 2013)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The only independent non-judicial appeals mechanism is to the Ombudsman who issues non-binding recommendations. (General)
Judicial appeals mechanism Yes. Under the Public Administration Act, any decision from which appeal lies exclusively to the courts of law, subject to a statutory time limit for institution of appeal proceedings, shall be accompanied by information to that effect. It is not necessary for the complainant to exhaust the administrative appeal before appealing to the court. (Section 26 Public Administration Restatement Act No. 433, 2012, amended 2013)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework (General)
Public body that is responsible for applying sanctions No. Absent from legal framework (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework (General)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Open Government Act No. 606, 12 June 2013 (Danish)pdf
Public Administration Restatement Act No. 433, 2012, amended 2013 (Danish)pdf
Constitutional Act of Denmark 1953 (English)pdf
Auditor General Act on Audit of State Accounts 1997 (English)pdf
State Accounting Law No. 131, 28 March 1984 (Danish)pdf
Criminal Code 2005 (English)pdf
Act on Processing of Personal Data No. 429 2000, amended 2013 (Danish)pdf

Public Procurement

The Danish public procurement system is regulated by the Danish Public Procurement Act. The public procurement body is the Competition and Consumer Authority, which is an organization under the Business and Growth Ministry.

The lowest minimum thresholds for conducting a public procurement tender are:

DKK 500000 (ca. EUR 67000) for goods, works and services

The minimum number of bidders is 3 for open procedures, restricted procedures and negotiated procedures and there is no minimum in case of framework agreements. The minimum submission period is 40 days for open procedures, restricted procedures and negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment, but contracting authorities can choose the most environmentally sustainable offer according to award criteria. There are a few cases for bid exclusion: in case of possible inability to carry out the project with satisfactory quality, in a responsive, responsible and timely manner, the provider can reject bidders. Bids can be also excluded because of abnormally low bid prices. In the case of having MEAT (‘most economically advantageous tender’ criteria), only the best 3 or fewer bids are considered.

In the bid evaluation phase, there is no separate conflict of interest regulation on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure that is DKK 10000 (ca. EUR 1350) for tenders below the EU thresholds and DKK 20000 (ca. EUR 2700) for tenders above the threshold. Court decisions are publicly released online.


Quantitative Data

Primary Metric

201220152016Trend
Scope7878
Information availability3737
Evaluation4242
Open competition5353
Institutional arrangements3838

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) DKK 500000. 0 (Law No. 1410, 2007, amended 2012, Article 15.a )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) DKK 500000. 0 (Law No. 1410, 2007, amended 2012, Article 15.a )
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) DKK 500000. 0 (Law No. 1410, 2007, amended 2012, Article 15.a )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) DKK 500000. see threshold matrix (Law No. 1410, 2007, amended 2012, Article 15.a )
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) DKK 500000. see threshold matrix (Law No. 1410, 2007, amended 2012, Article 15.a )
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) DKK 3083431. EU directive thresholds: see threshold matrix (Directive of the Council of the European Union 2007/0280 (COD) http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%205191%202009%20INIT)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) DKK 500000. see threshold matrix (Law No. 1410, 2007, amended 2012, Article 15.a )
What are the minimum application thresholds for the procurement type? (Product type WORKS) DKK 500000. see threshold matrix (Law No. 1410, 2007, amended 2012, Article 15.a )
What are the minimum application thresholds for the procurement type? (Product type SERVICES) DKK 500000. see threshold matrix (Law No. 1410, 2007, amended 2012, Article 15.a )

Information availability

Publishing and record keeping

Which are the documents which are published in full? Full tender details. 0 (Law No. 1410, 2007, amended 2012, Article 15c)
Are any of these documents published online at a central place? yes. http://udbud.dk/ (Competition and Consumers Authority. Competition in Publicly Provided Services. http://en.kfst.dk/Competition-in-PubliclyProvided-Services Circular on government procurement, Articles 2,3,4)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. Summaries available 2012-2012 From 2013 onwards, the Board is required to upload a report of the fundamental or publicly relevant selected cases. (Supplies portal. And Judgements. http://www.udbudsportalen.dk/Ret-og-regler/Kendelser-og-domme/)
Are contracts awarded within a framework agreement published? no. Neither in the referred law nor in the Act on Open Government No. 606 of 12.06.2013 is there any specific provision thereof. (Law No. 1410, 2007, amended 2012)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? No. 0 (Law No. 1410, 2007, amended 2012)
If yes, above what proportion of subcontracted value is it mandatory? Not applicable. 0 (Law No. 1410, 2007, amended 2012)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? no. 0 (Law No. 1410, 2007, amended 2012)
Are there restrictions on allowable grounds for tenderer exclusion? yes. The provider may reject an offer if this is likely that the tenderer is unable to carry out the work of satisfactory quality, responsive and responsible manner and in a timely manner (Law No. 1410, 2007, amended 2012, Articles 8.3, 12.6)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. However, certain qualifications are specified in the guidelines in order to address potential SME's disavantages regarding financial suitablility criteria. (Law No. 1410, 2007, amended 2012. Competition and Consumers Authority's Guidelines to the Title I of the Procurement Act 2005, p 33 http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2005/Vejledning%20til%20tilbudsloven%202005%2023082005%20vejledning.pdf Competition and Consumers Authority's Guidelines to the Title II of the Procurement Act 2005, p 24 http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2013/Vejledning%20til%20annonceringspligten%20efter%20tilbudslovens%20afsnit%20ll%2026022013%20vejledning.pdf)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. Neither local, nor national companies have preferential treatment. (Law No. 1410, 2007, amended 2012.)
Is there a specific set of rules for green/sustainable procurement? no. However, sustainability may be a consideraton: The Contracting Authority may of course choose to use the award criteria known from tendering Directive, ie "Lowest price" or "most economically advantageous tender", but is not obliged to do so. Other criteria can be used freely - even if they do not have a direct econonomic content. Thus, the principal example is choosing to apply a criterion as "the most environmentally sustainable offer" to the extent that such can be used as a yardstick for a tender quality. (Law No. 1410, 2007, amended 2012. Competition and Consumers Authority's Guidelines to the Title II of the Procurement Act 2005, p 16 http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2013/Vejledning%20til%20annonceringspligten%20efter%20tilbudslovens%20afsnit%20ll%2026022013%20vejledning.pdf)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. For lowest price, public entity may only negotiate with lower bidder. For most economically advantageous criteria, only 3 or fewer best bidders. (Law No. 1410, 2007, amended 2012, Articles 10, 11)

Bid evaluation

Is scoring criteria published and explicit? yes. Only applies when the award criteria is the most economically advantageous, as opposed to the lowest price. However, for Goods and Services, the entity may chose not to publish the award weighted criteria. (Law No. 1410, 2007, amended 2012, Article 8 Competition and Consumers Authority's Guidelines to the Title I of the Procurement Act 2005, p 60 http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2005/Vejledning%20til%20tilbudsloven%202005%2023082005%20vejledning.pdf Competition and Consumers Authority's Guidelines to the Title II of the Procurement Act 2005, p 17 http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2013/Vejledning%20til%20annonceringspligten%20efter%20tilbudslovens%20afsnit%20ll%2026022013%20vejledning.pdf)
Can evaluation decision be made by a single person (as opposed to a committee)? yes. It is not defined neither in the law nor in the guidelines (Law No. 1410, 2007, amended 2012 )
Are there regulations on evaluation committee composition to prevent conflict of interest? No. 0 (Law No. 1410, 2007, amended 2012 )
If yes, what is banned? Not applicable. 0 (Law No. 1410, 2007, amended 2012 )
Is some part of evaluation comitee mandatorily independent of contracting authority? No. 0 (Law No. 1410, 2007, amended 2012 )
Are scoring results recorded and publicly available? no. Only internal records are kept (Law No. 1410, 2007, amended 2012 )
Under which conditions can the tender be cancelled? A tender may be cancelled by the contracting authority if bidders exceed budgets or for other reasons, provided they an objectve reason is provided and communicated.. 0 (Competition and Consumers Authority. http://www.kfst.dk/Tender/Fase-4/Kan-ordregiver-annullere-et-udbud-hvis?tc=23BE70BBD4544D8BB9907139EE26A8F0 http://www.kfst.dk/Tender/Fase-4/Hvordan-annulleres-et-udbud?tc=B6672E4CC6FA44FBA428A12E1048B547)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Press or electronic media. 0 (Law No. 1410, 2007, amended 2012, Article 15.c )
Where should the call for tenders be published? (Procedure type: RESTRICTED) Press or electronic media. 0 (Law No. 1410, 2007, amended 2012, Article 15.c )
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Press or electronic media. 0 (Law No. 1410, 2007, amended 2012, Article 15.c )

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 3. Open (offentlig licitation): 3 Restricted (begrćnset licitation): 3 Negotiated (Underhĺndsbud): 3 Framework agreement (Rammeaftaler): 1 (Law No. 1410, 2007, amended 2012, Article 11, 12, 13)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Law No. 1410, 2007, amended 2012, Article 11, 12, 13)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE Not specified.

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 40. 0 (Law No. 1410, 2007, amended 2012, Article 3)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Law No. 1410, 2007, amended 2012, Article 3)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 40. 0 (Law No. 1410, 2007, amended 2012, Article 3)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Not specified. No exceptions stated in national legislation (Law No. 1410, 2007, amended 2012)
What are the main types of institutions which have to apply the public procurement law? Federal, regional and local authorities and public bodies other providers receiving public funding. 0 (Law No. 1410, 2007, amended 2012, Article 1)
What are the main procedure types or procurement methods permitted by law? Open (offentlig licitation), Art 6 Restricted (begrćnset licitation), Art 6 Negotiated (Underhĺndsbud), , Art 12 Framework agreement (Rammeaftaler), Art 13. 0 (Law No. 1410, 2007, amended 2012, Article 6, 12, 13)
Is there a procurement arbitration court dedicated to public procurement cases? yes. The Review Board (Klagenćvnet for Udbud) is an independent administrative review body, whose main task is to deal with complaints against public entities' breaches of EU and national procurement rules in the tendering of works, supplies and services. (Supplies portal. Review Board. http://www.udbudsportalen.dk/Ret-og-regler/Myndigheder1/Klagenavnet-for-Udbud/)
Is there a procurement regulatory body dedicated to public procurement? yes. Business and Growth Ministry/Competition and Consumer Authority (Competition and Consumer Authority. Udbud.dk. http://www.kfst.dk/Offentlig-konkurrence/Udbuddk)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0 (Law No. 1410, 2007, amended 2012)
Is disclosure of final, beneficial owners required for placing a bid? no. 0 (Law No. 1410, 2007, amended 2012)

Complaints

Is there a fee for arbitration procedure? yes. 0 (Act on Public Contracts Appeals Board of 415 of 31 May 2000, Article 5.3 REPEALED in 2010 NEW LAW: https://www.retsinformation.dk/forms/r0710.aspx?id=131726)
If yes, how much 10,000 kr. for complains about contracts under EU thresholds 20,000 kr. for complains about contracts above EU thresholds. 0 (Supplies portal. Review Board. http://www.udbudsportalen.dk/Ret-og-regler/Myndigheder1/Klagenavnet-for-Udbud/)
Is there a ban on contract signature until arbitration court decision (first instance court)? no. An appeal has suspensive effect only to the extent provided by law. Where special circumstances, the Board or the President on behalf of the Board, however, grant the complaint suspensive effect. Complaints will automatically suspend when introduced during the standstill period (the period between the choice of bidder and signing of the contract). (Act on Public Contracts Appeals Board of 415 of 31 May 2000, Article 6.2 REPEALED in 2010 NEW LAW: https://www.retsinformation.dk/forms/r0710.aspx?id=131726)
What is the maximum number of days until arbitration court decision from filing a complaint? 180. The processing time by the Complaints Board is typically half a year. If the plantiff requested suspensive effect the Committee will decide on this issue typically within a month. (Supplies portal. Review Board. http://www.udbudsportalen.dk/Ret-og-regler/Myndigheder1/Klagenavnet-for-Udbud/)
Are arbitration court decisions required to be publicly released? yes. Online (Supplies portal. And Judgements. http://www.udbudsportalen.dk/Ret-og-regler/Kendelser-og-domme/)
Red font = not including in scoring

Qualitative data for 2016


Legislation

Law 492 of 2010, amended 2013 (Danish)pdf
Law 1410 of 2007, amended 2012 (Danish)pdf