Danish provisions applicable to Cookies

To date, the Danish data protection supervisory authority has not published or provided guidelines on the use of cookies under GDPR.

One of the reasons may be that the enforcement body of the Danish Cookie law is the Danish Business Agency (Erhvervsstyrelsen).

On the Danish Business Agency’s website, you can find a number of guidelines with respect to cookies applying to both public and private companies (in English).

In summary, the following rules apply:

  1. The Danish Cookie Order requires informed consent prior to placing cookies. The current Cookie Order contains a definition of consent based on the consent definition in the former Data Protection Directive.
  2. Website operators must inform users in clear, precise and easily understood language that cookies are set on the website, e.g. through the use of a banner or active textboxes. The infomation must be given before the cookies are placed.
  3. The information must also contain details of the purpose of storing of, or access to, information in the end-user’s terminal equipment. It is not enough to merely advise the user of the storage or access. Therefore, stating that “we use cookies to improve your experience on the website” without further clarification is not considered to be in compliance with the rules.
  4. The information must further contain details about who is setting cookies. Where third parties set, store or gain access to information in a user’s terminal equipment via the provider’s service, exact identification of the third parties must be given.
  5. Website users must be able to withdraw a consent already given. At the moment it seems to be sufficient to simply inform users about this right in the privacy policy.

Exemptions

If the use of cookies and the storage of data on the user’s terminal equipment is a technical prerequisite for being able to perform a service that the user has explicitly requested, such cookies will typically be exempt from the rules.

Examples:

  • Providing Internet access
  • Booking Systems
  • Web forms
  • Electronic shopping baskets

New guidelines are expected soon

The Danish Business Agency announced that the Cookie Guidelines are currently being revised in light of the preliminary ruling from the ECJ in October 2019.