EUROPAM

European Public Accountability Mechanisms

Denmark

Country score (European Average*)
  • 41(66) Political Financing
  • 9(53) Financial Disclosure
  • 6(37) Conflict of Interest
  • 46(59) Freedom of Information
  • 55(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)47208.73
Population, total5731118.00
Urban population (% of total)87.85
Internet users (per 100 people)96.97
Life expectancy at birth (years)81.10
Mean years of schooling (years)12.7
Global Competitiveness Index5.4
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

20122015201620172020Trend
Bans and limits on private income00000
Public funding6262626262
Regulations on spending2525252525
Reporting, oversight and sanctions7575757575

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)

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

*Last update: 2017


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

20122015201620172020Trend
Disclosure items00004
Filing frequency000012
Sanctions00008
Monitoring and Oversight00006
Public access to declarations000012

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers00000
Members of Parliament000035
Civil servants00000

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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Movable assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cash No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Loans and Debts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Incompatibilities
Gifts received as a public official No. There is a political agreement between main parties for the disclosure of gifts and expenses of ministers (Political agreement on transparency of ministerial expenses and activities - available at https://www.regeringen.dk/%C3%A5benhedsordningen/)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Holding government contracts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Post-employment No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
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. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

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 disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Location(s) of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cost of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

Members of Parliament

Disclosure items

Income and Assets
Income from outside employment/assets Yes. Income 1) Paid directorships in private or public companies. Position and company are to be registered. 2) A paid position, occupation or the like in addition to the position of Member of Parliament. Position and employer/principal are to be registered. 3) Independent income-generating activities in addition to being a Member of Parliament. Register which kind. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Incompatibilities
Gifts received as a public official Yes. Gifts, visits outside Denmark, and financial support etc. 4) Domestic companies, organisations, institutions, or individuals that provide financial support for the Member, including donations in kind, secretarial support and the like, other than the means provided by the Danish Parliament or the party of the Member of Parliament. The name and kind of support are to be registered. 5) Gifts from domestic donors if the gift has a value that evidently exceeds DKK 3,000 and the gift is attributable to membership of the Danish Parliament. The name of the donor, the nature of the gift and the date of receipt are to be registered. 6) Travel and visits outside Denmark where the costs are not paid in full by government funds, the party of the Member or the Member him-/herself and the travel/visit is attributable to membership of the Danish Parliament. The name of the donor, the dates of the visit and the name of the country visited are to be registered. 7) Any payment, financial benefit, gift or the like received from a foreign public authority, organisation or individual when the value evidently exceeds DKK 3,000 and the payment, etc. in question is attributable to membership of the Danish Parliament. The name of the donor, and the nature and date of the payment, etc. are to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Private firm ownership and/or stock holdings Yes. Financial interests 8) Company interests with a value that evidently exceeded DKK 75,000 as of 31 December prior to registration according to section 3, sub-section 1, and recently acquired commercial interests after 31 December that evidently exceeded DKK 75,000. The name of the company is to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
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 Yes. Agreements with former and/or future employer(s) about current or prospective relations 10) Agreements about employment or the like with a future employer, regardless of whether the employment will take effect only after the Member has resigned from the Danish Parliament. The nature of the agreement and the name of the employer are to be registered. (Section 2 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
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 Yes. Registration must take place within a month of the convening of a newly elected Parliament (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
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 Yes. New registrable information, including registrable information regarding recently acquired company interests or changes to previously registered information, must be registered within a month of the new information becoming available. (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))

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) Yes. A list of members who have refrained from registering their financial interests is published on the website of the Danish Parliament. (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Registration must be reported to an official appointed by the Presidium. The forms used for the registration must be approved by the Presidium. (Section 3 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
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 Yes. The register is published on the website of the Danish Parliament. (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))
Location(s) of access specified Yes. Danish Parliament (Section 4 of the Rules regarding the registration of the occupations and financial interests of Members of the Danish Parliament, 1994 (last amended in 2015))

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. A civil servant may have an additional employment insofar as it is compatible with the proper performance of their duties (Aricle 17 Civil Servants Act No. 488 of 6 May 2010 (amended 2016))
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.

Legislation

Rules regarding the registration of the occupations and financial interests of 1994_DAN (Danish)pdf
Law on Civil Servants of 2010_DAN (Danish)pdf

*Last update: 2017


Conflict of Interest

There are no regulations governing conflicts of interests for the Prime Minister, Ministers or Members of Parliament. The Civil Servants’ Act (2004, last amended 2016) 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

20122015201620172020Trend
Restrictions55555
Sanctions00000
Monitoring and Oversight1212121212

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers00000
Members of Parliament00000
Civil servants2323232323

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

Sanctions

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

Monitoring and Oversight

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

Ministers

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Members of Parliament

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
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 Servant’s Act (2008))
Post-employment No. Absent from legal framework. (General)
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 Servant’s Act (2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

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 Servant’s Act (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 Servant’s Act (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 Servant’s Act (2008))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Finance Minister to give guidance (Article 19 (3) Civil Servant’s Act (2008))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Legislation

Constitution of the Kingdom of Denmark of 1953 (Danish)pdf
Law on Civil Servants of 2017 (Danish)pdf
Public Administration Act of 2014 (Danish)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope and Coverage8993939393
Information access and release5871717171
Exceptions and Overrides6767676767
Sanctions for non-compliance00000
Monitoring and Oversight00000

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, The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
"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, The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))

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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Legislative branch Yes. All activity exercised by the public administration is covered but the law only mentions administrative documents. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Judicial branch No. The law only covers the public administration. (Chapter 1 Section 2 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
Other public bodies Yes. All public administrative authorities are covered by the law. (Section 2 and Section 3 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) )
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020))
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 1(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Part 4 Section 9(1) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(6) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

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) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 16(2) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

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, amended 2016)
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 Danish Data Protection Act 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, amended 2016 Danish Data Protection Act, 2018 )
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 The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Sections 15 - 15(c) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR) Section 152 Criminal Code 2005, amended 2016 Section 6(1) and Section 6(2) Danish Data Protection Act, 2018)
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) The Public Access to Information Act (Act No. 606, 12 June 2013 updated by Act No. 145 of 24 February 2020) Section 15(4) Public Administration Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))
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 Act No. 433, 2012, amended 2014 (also amended by Act 503 of 23/05/2018 for GDPR))

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

Legislation

Constitution of the Kingdom of Denmark of 1953_DAN (Danish)pdf
Data Protection Act of 2018_DAN (Danish)pdf
Public Administration Act of 2014_DAN (Danish)pdf
Public Access to Information Act of 2013_DAN (Danish)pdf
Act on the State's Accounting System of 1984_DAN (Danish)pdf
Penal Code of 2020_DAN (Danish)pdf
Auditor General Act on Audit of State Accounts of 1997_DAN (Danish)pdf

*Last update: 2017


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 500,000 for goods (EUR 70,000)

         DKK 300,000 for works (EUR 40,000)

         DKK 500,000 for services (EUR 70,000)

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 35 days for open procedures, 30 days restricted procedures and 30 days negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no explicit preferential treatment, but contracting authorities can choose the most environmentally sustainable offer according to award criteria and take SME into consideration. 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 no is a separate conflict of interest regulation on the composition of the evaluation committee and no form of independence of the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure of DKK 10,000- 20,000, depending on the size of the contract. Court decisions are publicly released online.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope706859
Information availability666831
Evaluation62625675
Open competition50507575
Institutional arrangements36363636

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 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) DKK 38624809. DKK 38,624,809 excluding VAT is the threshold applicable to public works contracts. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) DKK 3299496. By virtue of §§ 18 and 194 (2) of the Procurement Act and § 1 of the Executive Order No. 1624 of 2015 on the procedures for concluding contracts in the fields of water and energy supply, transport and postal services, procurement of utilities must obey the applicable Directive. The Utilities Directive 2014/25/EU, as amended in 2019, set the following thresholds: EUR 443,000 for supply and service contracts as well as for design contests; and EUR 5,548,000 for works contracts. At a conversion rate of 1 DKK = 0.134263 EUR (17/11/2020), the applicable thresholds are: DKK 3,299,496 for services and goods and DKK 41,317,567 for works. (Public Procurement Act of 2015, as amended in 2019, §§ 18 and 194 (2) Executive Order No. 1624 of 2015 (as of 2020), § 1 Directive 2014/25/EU, as amended in 2019, Art. 15 a) and b) )
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) DKK 998019. When public procurement contracts are entered into by contracting entities operating in the field of defense, the applicable threshold is DKK 998,019 for contracts relating to goods covered by Annex III to Directive 2014/24/EU and DKK 1,541,715 for contracts which relate to goods not covered by the Annex. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) Executive Order No. 892 of 2011 (as of 2020))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9)
What are the minimum application thresholds for the procurement type? (Product type WORKS) DKK 38624809. DKK 38,624,809 excluding VAT is the threshold applicable to public works contracts. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (1))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction. (Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall provide free, direct and full electronic access to the tender material from the date of publication of the tender notice in the Official Journal of the European Union. The contracting authority must state in the contract notice the electronic address at which access to the tender documents is granted. The contracting authority may, however, due to the special nature of the tender material or due to confidentiality (§ 5 (2)) fail to provide free, direct and full electronic access to certain parts of the tender dossier. In these situations, the contracting authority must state in the tender notice where and how access to these parts of the tender material can be obtained. (Public Procurement Act of 2015, as amended in 2019, § 132)
Are any of these documents published online at a central place? Yes. All public tenders are published on www.udbud.dk and ted.europa.eu. However, access to the individual tender's documents are accessible via a website of the contracting authority's own choice.
Is it mandatory to keep all of 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)Is it mandatory to keep all of these records? Yes. Overall it is mandatory to keep a tender report documenting the overall process of a completed tender. A procuring entity must document the progress of all procurement and store sufficient evidence to justify the decisions taken at all stages of the procurement procedure. The documentation must be kept for the entire duration of the contract, but for at least 3 years from the time the contract is awarded. It is also mandatory to keep a bid evaluation report. (Public Procurement Act of 2015, as amended in 2019, § 174 Evaluation report: Judgement of The Danish Complaint Board for Public Procurement of 12 February 2007 - Dansk Hřreteknik A/S mod Křbenhavns Kommune. )
Are contracts awarded within a framework agreement published (ie mini contracts)? No. There is no obligation to publish individual contract notices for each contract awarded under a framework agreement. It is optional. (Public Procurement Act of 2015, as amended in 2019, § 129 (3) Executive Order No. 1624 of 2015 (as of 2020), § 12)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no general duty to publish information on subcontractors in all contracts covered by the Public Procurement Act of 2015. In the tender material, a contracting authority may require a tenderer to state in his tender which parts of the tendered contract the tenderer intends to subcontract to third parties and which subcontractors the tenderer proposes. In connection with the award of works contracts and service contracts, the contracting authority shall insert a contract clause which obliges the supplier to provide the name, contact details and legal representative of the subcontractors used in the performance of the contract. The information must be submitted at the latest when the performance of the contract begins, if known at that time. In the case of supply contracts, the contracting authority may require the supplier to provide the name and contact details of and the legal representative of the subcontractors used in the performance of the contract. Furthermore, the contracting authority may require information regarding subcontractors further down the subcontractor chain, and may require tenderers and candidates to declare in the application or tender that subcontractors are not covered by one of the situations which entails exclusion in accordance with §§ 135-137. (Public Procurement Act of 2015, as amended in 2019, §§ 155 (11) and 177 (1) (2) Executive Order No. 1624 of 2015 (as of 2020), § 10 Executive Order No. 892 of 2011 (as of 2020), §§ 3, 4, 5, 6, 7 and 8)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? General. (Public Procurement Act of 2015, as amended in 2019, §§ 155 (11) and 177 (1) (2) Executive Order No. 1624 of 2015 (as of 2020), § 10 Executive Order No. 892 of 2011 (as of 2020), §§ 3, 4, 5, 6, 7 and 8)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. In the technical specifications, a contracting authority may not: 1. indicate a specific make, origin or manufacturing process that characterizes the products or services provided by a particular economic operator; or 2. refer to a particular trademark or patent or a particular type, origin or production with the result that certain economic operators or goods are favored or eliminated. However, a contracting authority may in exceptional circumstances use such references when a sufficiently accurate and comprehensible description of the subject matter of the contract is not possible in accordance with § 41, para. Such reference shall be followed by the wording or equivalent. (Public Procurement Act of 2015, as amended in 2019, § 42 Directive 2014/25/EU, as amended in 2019, Art. 60 (4) Executive Order No. 892 of 2011 (as of 2020), § 18 (8))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. The Public Procurement Act does not specify any preferential treatment for SMEs. However, for general procurement and utilities, where a contracting authority does not divide a contract into lots, they shall state the grounds hereof in the tender documents. They may also make requirements in regard to the turnover of candidates or bidders but may not require that the minimum annual turnover of a candidate or bidder is higher than twice the estimated contract value, except in cases when the works, services or supplies are subject to special risks. The contracting authority shall provide grounds for such a requirement in the tender documents. In the defence sector, in order to encourage the involvement of SMEs in the public contracts procurement market, contracting authorities are advised to include provisions on subcontracting. (Public Procurement Act of 2015, as amended in 2019, §§ 49 (2) and 142 (2) )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. A contracting authority may not give economic actors and services from Denmark less favorable treatment than economic actors and services from abroad. They may also not provide economic operators and services from countries which are members of the EU/EEA with less favorable treatment than economic operators and services from Denmark. The prohibition on less favorable treatment applies to economic operators and services from other countries to the extent that this follows from international obligations incumbent on Denmark or the EU. (Public Procurement Act of 2015, as amended in 2019, § 3 Directive 2014/25/EU, as amended in 2019, Art. 93 (Executive Order No. 1624 of 2015) Directive 2009/81/EC (as of 2020), Art. 4 (Executive Order No. 892 of 2011))
Is there a specific set of rules for green/sustainable procurement? Yes. General procurement: Contracting authorities can exclude tenderers on the basis of a breach of environmental obligations. As an award criteria contracting authorities can award the contract on basis of an LCC on effects on the environment; General, utilities and defence sector procurement: Contracting authorities can oblige suppliers to comply with certain environmental management standards. During the performance of the contract contracting authorities can make it a contractual obligation that suppliers comply with environmental legislation etc. (Public Procurement Act of 2015, as amended in 2019, §§ 137 (1), 157, 166 (2), 168 and 176 Directive 2014/25/EU, as amended in 2019, Art. 81 (Executive Order No. 1624 of 2015) Directive 2009/81/EC (as of 2020), Arts. 24 and 44 (Executive Order No. 892 of 2011))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. A contracting authority can only exclude on the basis of the grounds set out in the Public Procurement Act. Mandatory grounds for bidder exclusion include if the bidder was convicted by a final decision/judgement or has incurred in the penalty of fine for: 1. acts committed within the framework of a criminal organization; 2. corruption; 3. fraud; 4. terrorists acts or criminal offences related to terrorist activity; 5. money laundering or terrorist financing; 6. child labor and other forms of human trafficking. Unpaid debts of contributions to social security schemes, the existance of conflict of interests or of distortion of competition, as well as provision of grossly incorrect information by the bidder also constitute mandatory grounds for exclusion. (Public Procurement Act of 2015, as amended in 2019, §§ 135, 136 and 137 Judgment of the Court of 17 November 1993 - Commission of the European Communities v Kingdom of Spain Executive Order No. 1624 of 2015 (as of 2020), § 10 (1) Executive Order No. 892 of 2011 (as of 2020), § 9 (Directive 2009/81/EC, Art. 39 (1)))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. If a tender is abnormally low, the contracting authority shall request the bidder to account for the prices and costs included in the tender within an appropriate time limit (therefore, no automatic exclusion). It may only reject a tender as abnormally low when the price or cost level offered cannot be justified on the basis of the bidder's statement. The statement may relate to: 1) savings in connection with the production method for the goods or services or the construction method; 2) the technical solutions used or the bidder's exceptionally favorable conditions for supplying the goods or services or for carrying out the work; 3) the originality of the works, goods or services offered by the bidder; or 4) any state aid to the bidder. If the tender is abnormally low because the bidder or their subcontractor has failed to fulfill existing environmental, social and labor obligations (under EU or national law), the contracting authority must reject the offer. It must also reject the offer as abnormally low on the grounds that the bidder has obtained state aid and has not, within a reasonable time, demonstrated that the aid is compatible with the internal market (Art. 107 TFEU). If the contracting authority rejects an offer due to state aid, the contracting authority must notify the Danish Competition and Consumer Authority, which then notifies the European Commission. (Public Procurement Act of 2015, as amended in 2019, § 169)
Is scoring criteria published? Yes. General procurement and utilities: Yes. A contracting authority shall state the award criteria, describe the evaluation method and describe the elements of importance in the evaluation of the tender in the procurement documents. A method of evaluation described in the procurement documents may not be disregarded by boards of appeals and courts provided it is transparent and observes the principle of equal treatment. Defence: Scoring criteria is published, but there is no obligation to publish evaluation method, cf. ECJ C-6/15 TNS Dimarso NV mod Vlaams Gewest. (Public Procurement Act of 2015, as amended in 2019, § 160 Executive Order No. 1624 of 2015 (as of 2020), § 14 Directive 2009/81/EC (as of 2020), Art. 47 (Executive Order No. 892 of 2011))
Are decisions always made by a committee? No. Only in the modality "project competition" a judging committee is required. ( Public Procurement Act of 2015, as amended in 2019, §§ 89, 90, 91 and 92)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. While the Law does not speak of a "committee", there are regulations against conflict of interests in place. The contracting authority shall take appropriate measures to identify, prevent and remedy conflicts of interest in connection with the implementation of a tender. Conflict of interests are understood as situations where a person at the contracting authority or acting on its behalf, who is involved in the implementation of the procurement procedure or that may affect the outcome of the proceeding, have a direct or indirect financial, economic or other personal interest which may be presumed to jeopardize the impartiality and independence of the person concerned in connection with the tender procedure. Conflicts of interest may also arise where an economic operator has conflicting interests which may adversely affect the performance of the contract. (Public Procurement Act of 2015, as amended in 2019, §§ 4, 24 (18) and 136 (1))
Is some part of evaluation committee mandatorily independent of contracting authority? No. ( )
Are scoring results publicly available? No. ( )
Does the law specify under which conditions the tender can be cancelled? No. There are no specific sections governing the conditions under which a tender can be cancelled. However, certain sections do regulate the contracting authority's behaviour if a tender is cancelled. The contracting authority can only cancel a tender if the cancellation is fair and in accordance with the principles set out in Section 2. A contracting authority shall as soon as possible and at the same time notify all affected applicants and bidders in writing of its decision to cancel a tender, as well as state the reasons for doing so. Also, the Public Procurement Act of 2015 stipulates the conditions under which the contracting authority can revoke an award decision. (Public Procurement Act of 2015, as amended in 2019, §§ 171 (1) 5. (6), 170 and 192 Practice of The Danish Board of Complaints and the EU Court of Justice.)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended in 2019, § 128)
Does the law specify the location for publicizing restricted calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended in 2019, § 128)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk. (Public Procurement Act of 2015, as amended in 2019, § 128)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. The contracting authority shall select minimum five candidates which will be invited to submit tenders. Where the number of candidates is lower than five, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended in 2019, § 59 (4) Directive 2009/81/EC (as of 2020), Art. 38 (3))
What is the minimum number of bidders for negotiated procedures? General. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended in 2019, § 64 Directive 2009/81/EC (as of 2020), Art. 38 (3))
What is the minimum number of bidders for competitive dialogue procedures? General. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum. (Public Procurement Act of 2015, as amended in 2019, § 69 Directive 2009/81/EC (as of 2020), Art. 38 (3))

Bidding period length

What are the minimum number of days for open procedures? General. The time limit shall be minimum 35 days from the day after dispatch of the tender notice. However, in cases where the contracting authority has used a prior information notice, the minimum time limit shall be 15 days. (Public Procurement Act of 2015, as amended in 2019, § 57)
What are the minimum number of days for restricted procedures? General. General and utilities procurement: the time limit shall be minimum 30 days from the day following dispatch of the invitation to tender. In cases where the contracting authority has used a prior information notice, this time limit can be shortened to 10 days. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. The minimum time limit for the receipt of tenders shall be 40 days from the date on which the invitation is sent. (Public Procurement Act of 2015, as amended in 2019, § 60 Directive 2009/81/EC (as of 2020), Art. 33 (2))
What are the minimum number of days for competitive negotiated procedures? General. General and utilities procurement: the time limit shall be minimum 30 days from the day after dispatch of the tender notice. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. Contracting authorities must establish adequate time limit for the receipt of tender. (Public Procurement Act of 2015, as amended in 2019, §§ 63 (2) and 68 (5) Directive 2009/81/EC (as of 2020), Art. 33 (2))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The following are excluded from applying the Public Procurement Act: 1. Public contracts between entities within the public sector; 2. Contracts awarded on the basis of an exclusive right; 3. Contracts, etc. relating to utilities; 4. Contracts, etc. relating to electronic communication; 5. Contracts, etc. organised pursuant to international rules; 6. Some specific service contracts; 7. Services related to research and development; and 8. Defence and security. Defence: The following are excluded from applying Directive 2009/81/EC: 1. contracts for which the application would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security; 2. contracts for the purpose of intelligence activities; 3. R&D cooperative programmes between member states; 4. contracts awarded in third countries by deployed forces; 5. service contracts for the acquisition or rental of land, existing building or other immovable property or concerning rights in respect thereof; 6. Government-to-Government contracts; 7. Arbitration and conciliation services; 8. Financial services, with the exception of insurance services; 9. Employment contracts; and 10. Research and development services other than those where the benefits accrue exclusively to the contracting authority/entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority/entity. (Public Procurement Act of 2015, as amended in 2019, §§ 12-23 Directive 2009/81/EC (as of 2020), Art. 13)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Act is applicable to contracting authorities. The term is defined as: State, regional or local authorities, bodies governed by public law and associations of one or more of those authorities or of one or more of such bodies governed by public law. (Public Procurement Act of 2015, as amended in 2019, § 24 (28) Directive 2014/25/EU, as amended in 2019, Art. 3 (1) Directive 2009/81/EC (as of 2020), Art. 1 (17))
Does the law specify the main procedure types or procurement methods permitted? Yes. Tenders must be conducted in accordance with one of the following procedures: 1. public/open tender, cf. sections 56 and 57; 2. restricted tender, cf. sections 58-60; 3. tender with negotiation, cf. §§ 61-66; 4. competitive dialogue, cf. §§ 67-72, 5. innovation partnerships, cf. §§ 73-79; 6. tender with negotiation without prior notice, cf. sections 80-83; or 7. project competitions, cf. §§ 84-92. (Public Procurement Act of 2015, as amended in 2019, § 55)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. "Arbitration court" in the case is defined as the Complaints Board for Public Procurement - an independent administrative board of professional judges set up for hearing and settling procurement disputes. Board decisions can be challenged before the civil courts. The Board consists of a chairman and a number of deputy chairmen (the chairmanship) as well as a number of expert members. The chairmanship and the expert members are appointed by the Minister of Business and Growth for a period of up to 4 years. The presidency consists of city court and county judges. The Board's expert members are appointed from among persons who have knowledge of e.g. construction, public procurement, transport, utilities or legal expertise. (Executive Order No. 593 of 2016 (as of 2020), § 9)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Danish Competition and Consumer Authority (http://www.en.kfst.dk/) ( )
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. ( )
Is disclosure of final, beneficial owners required for placing a bid? No. The disclosure of a bidder's legal form is required for placing bids and information regarding e.g. board members are required to ensure the grounds of exclusion. Information about ownership is not required, but information about management, board of directors and board members is required. (Public Procurement Act of 2015, as amended in 2019, § 135 )

Complaints

Is there a fee for arbitration procedure? Yes. The Minister of Business and Growth shall lay down detailed rules on the Complaints Board for Tender Activities, including on the processing of cases, on the fee for submitting a complaint, on the distribution of legal costs and on the publication of decisions. The fee is DKK 10,000, according to Executive Order No. 887 of 2011 on the Appeals Board for Public Procurement. (Executive Order No. 593 of 2016 (as of 2020), § 11 Executive Order No. 887 of 2011 (as of 2020), §§ 5 (3) (4))
Is there a ban on contract signature until arbitration court decision (first instance court)? No. If a stay of proceeding is granted by the Board, the contracting authority is banned from contract signature. In cases where the complaint was submitted during the standstill period (10 days after giving notice of the award or 15 days after dispatch of notification), a stay of proceeding (i.e. suspension of the tender) is automatically claimed for 30 days, period during which the Board must notify the contracting authority of its decision on suspension. In cases where the complaint was not submitted during the standstill period, the complainant shall also state if a stay of proceeding is claimed. If the Board does not rule in favour of the claimant (on the subject of a stay of proceeding), and the claimant wishes to continue the trial (i.e. in a situation where multiple claims have been made) there is not a ban on contract signature. Section 185 (2) of the Public Procurement Act further stipulates that, after an award decision has been annulled by final decision or judgement, the contracting authority should cancel the corresponding contract and provide adequate notice of such cancelling, unless special conditions exist which warrant the continuation of the contract. (Executive Order No. 593 of 2016 (as of 2020), §§ 3, 6 (4) and 12 Public Procurement Act of 2015, as amended in 2019, § 185 (2))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? N/S. There is no maximum. The Board's processing varies according to the procurement in questions (matters of complexity and scope). In 2015 the average processing time was 4 months. ( )
Is there a requirement to publicly release arbitration court decisions ? Yes. The Board publicly discloses all its decisions on the following website: https://klfu.naevneneshus.dk/ (Executive Order No. 887 of 2011 (as of 2020), § 11 )

Legislation

Executive Order No 892 of 2011 (Danish)pdf
Executive Order No. 1624 of 2015 (Danish)pdf
Executive Order No. 593 of 2016 (Danish)pdf
Executive Order No. 887 of 2011 (Danish)pdf
Law No. 1410 of 2007 (Danish)pdf
Law No. 1564 of 2015, The Public Procurement Act (Danish)pdf

*Last update: 2017