DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
Kennedys Regnbuepladsen 5 4th floor 1550 Copenhagen Denmark Tel: +45 3373 7000
Email: contactus@kennedyslaw.com Web: www.kennedyslaw.com/en/
1. Product Safety 1.1 Product Safety Legal Framework The Danish Product Safety Act
Additionally, there are sector-specific regulators responsible for overseeing product safety in certain industries. For instance, the Danish Medicines Agency oversees regulations concerning medical equipment and products, while the Danish Environmental Protec - tion Agency oversees regulations related to products’ chemical properties. 1.3 Obligations to Commence Corrective Action According to the Danish Product Safety Act, the responsibility for product compliance lies with the commercial operator, who is obligated to actively ensure that products placed on the market comply with legislation and are safe to use. If a product is not compliant, it must not be adver - tised or made available on the market. Therefore, all commercial operators have a general duty to ensure that the products they place on the market are safe to use. The assessment of whether a product is safe or not must be based on factors such as the product’s characteristics and purpose, the users’ conditions and the possibility of providing guidance on and warning against any potential dangers associated with the product. If a commercial operator becomes aware that a prod - uct they have placed on the market is not safe when used in the usual and expected manner, they must immediately notify the Danish Safety Technology Authority and take the necessary measures. It is up to the commercial operator to decide which measures, given the specific circumstances, can most
This is the primary act in Denmark concerning product safety. Additionally, there are several sets of regula - tions for specific types of products. This applies, for instance, to toys, electrical products and machinery. The Product Safety Act establishes the obligations of manufacturers, distributors and importers (“traders”) to only place safe products on the market and to take relevant measures if a product is found to pose a risk to users. The Product Safety Act complements the Market Surveillance Regulation and expands the safe - ty regulation of products and the authorities’ capaci - ties in this regard. Regulation on General Product Safety On 13 December 2024, the EU Regulation on product safety, which consumer products must comply with if sold in an EU country, came into effect. Generally, the Regulation sets rules for labelling, product safety in e-commerce and the use of new technologies. Prod - ucts subject to this Regulation are also governed by the Danish Product Safety Act, including its market surveillance and enforcement provisions. 1.2 Regulatory Authorities for Product Safety The Danish Safety Technology Authority is a govern - ment agency overseeing product safety regulations and enforcement in Denmark. The Danish Safety Technology Authority conducts inspections, monitors compliance and has the authority to order a withdraw - al or recall.
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