DENMARK Trends and Developments Contributed by: Jakob Dahl Mikkelsen, Emil Petri and Christina Bak, Kromann Reumert
• second, the Directive gives courts the power to order disclosure of technical data and presume defect if a business fails to comply; and • third, when assessing defectiveness, account must be taken of the reasonably foreseeable user group (Article 7 (2)(h)). For social media platforms, this assessment clearly encompasses children and adolescents. International exposure – a broader risk for Danish producers These developments also highlight a risk that many Danish companies overlook: exposure to internation - al product liability. A Danish manufacturer supplying products to a European distributor may find its prod - ucts reaching the US market, where it could face liti - gation under US law – including punitive damages and strict liability for all parties in the distribution chain.
Danish producers should therefore ensure full vis - ibility over downstream markets in their distribution arrangements, strengthen technical and compliance documentation, and review their insurance coverage carefully, as standard Danish product liability policies typically exclude US claims.
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