DENMARK Trends and Developments Contributed by: Jakob Dahl Mikkelsen, Emil Petri and Christina Bak, Kromann Reumert
Kromann Reumert Sundkrogsgade 5 2100 Copenhagen Denmark Tel: +45 70 12 12 11 Fax:
Email: mail@kromannreumert.com Web: www.kromannreumert.com/en
The current regime The current Danish Product Liability Act establishes strict liability for manufacturers in cases involving personal injury and damage to consumer property caused by defective products. However, the concept of a “product” is narrowly defined and limited to tan - gible movable goods and electricity. Digital elements such as software and data are not expressly covered by the Act. The burden of proof rests with the injured party, who must establish both the existence of a defect and causation. Moreover, the Act does not contain any specific rules granting claimants access to evidence held by the manufacturer. Key changes under the new bill The bill entails a fundamental expansion and moderni - sation of the product liability regime. First, it signifi - cantly broadens the concept of a “product” to include software, digital manufacturing files, AI systems and certain raw materials. By contrast, free and open- source software developed and supplied without a commercial purpose is expressly excluded from the scope of the rules. At the same time, the circle of potentially liable parties is expanded. Liability is no longer limited to manufac - turers and importers, but may also extend to author - ised representatives, fulfilment service providers and certain online platforms. This is intended to ensure that a responsible actor can be held liable within the EU. The bill also introduces a broader concept of com - pensable damage. In addition to personal injury and
Product Liability in Transition Product liability has moved to the forefront of the Danish business agenda. A new EU Product Liability Directive, a Danish bill implementing it and a series of high-profile claims against technology companies are reshaping the legal framework for manufacturers and distributors operating in or from Denmark. This arti - cle examines two key developments: the forthcoming Danish Product Liability Act, which significantly mod - ernises the substantive liability regime, and the grow - ing trend of cross-border product liability disputes linked to digital platforms, illustrated by a landmark US judgment and its Danish aftermath. The New EU Product Liability Directive and the Danish Bill In October 2024, the EU adopted a new Product Lia - bility Directive, Regulation (EU) 2024/2853, replacing the nearly 40‑year‑old Directive 85/374/EEC. The aim is to modernise product liability rules to reflect tech - nological developments, including digitalisation, arti - ficial intelligence (AI), software-based products and the circular economy, while strengthening the level of protection for injured parties. The new Directive is predominantly fully harmonising, requiring member states to implement largely uniform rules. The deadline for national implementation is 9 December 2026. In Denmark, the Ministry of Justice published a draft bill for a new Product Liability Act for public consultation on 9 January 2026. The bill aims to fully implement the Directive and to repeal the current Product Liability Act, which has been in force since 1989. The new Act is expected to enter into force on 9 December 2026, in line with the EU implementation deadline.
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