Danish provisions applicable to Cookies
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:
- 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.
- 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.
- 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.
- 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.