DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
as they alter the voltage level before distributing it to end-users. Moreover, it clarifies that the point of con - nection, where the operator’s supply network meets the consumer’s property, marks the commencement of electricity circulation. Thus, this point is pivotal in determining whether the electricity is defective. Since the electricity in question was over-voltage at the connection point, the grid operators were held liable under the Danish Product Liability Act. 3. Recent Policy Changes and Outlook 3.1 Trends in Product Liability and Product Safety Policy A key current trend in Danish product liability law is the forthcoming implementation of the new EU Product Liability Directive (EU) 2024/2853, which modernises the liability framework to address digital products, AI and connected technologies. In Denmark, the Ministry of Justice published a draft bill for a new Product Lia - bility Act for consultation on 9 January 2026, intended to replace the current legislation and enter into force by December 2026. The proposed reform significantly expands the scope of product liability. Software, AI systems and other digital elements will be expressly included in the defi - nition of “product”, while recoverable damage will also cover medically recognised psychological harm and destruction of non-commercial data. The proposal also introduces new disclosure obligations and evi - dentiary presumptions aimed at addressing the infor - mation imbalance between claimants and manufac - turers in complex technical cases. 3.2 Future Policy in Product Liability and Product Safety The evolution of technology and AI, as well as the amended Product Liability Directive, will without doubt influence product liability regulation and litiga - tion in Denmark over the coming years. According to the Danish government, the new Product Liability Directive will not only have legislative consequences, as changes to the Danish Product Liability Act are
required, but is also expected to lead to an increase in product liability claims filed in Danish courts. Recent concerns regarding the environmental and health hazards associated with PFAS, commonly known as “forever chemicals”, have led to a notice - able rise in PFAS-related claims across the EU. This prompts speculation on whether Denmark will expe - rience similar litigation. Much like trends observed in the USA, PFAS claims, including class actions (see 2.16 Existence of Class Actions, Representative Pro- ceedings or Co-Ordinated Proceedings in Product Liability Claims ) may arise in Denmark, alleging that the presence of PFAS renders products unsafe. Although large-scale PFAS product liability litigation has not yet materialised in Denmark, related dis - putes are beginning to emerge. One recent example concerns a case brought by members of the Dan - ish Kogræsserforeningen , who have initiated legal proceedings against a municipality after allegedly consuming beef contaminated with PFAS from cat - tle grazing on polluted land. The case illustrates how PFAS contamination may give rise to claims concern - ing product safety, environmental liability and pub - lic authority responsibility, and may signal the early stages of broader PFAS-related litigation in Denmark. Cybersecurity and supply chain resilience are also emerging as major policy priorities. Increasingly sophisticated cyber-attacks and software vulnerabili - ties have prompted regulators to focus on life cycle security requirements, vulnerability management and incident reporting obligations for products with digi - tal elements. These developments may influence the assessment of product defects and compliance obli - gations for manufacturers and technology providers. Over the past decade, consumer-focused initiatives have spurred legal and regulatory reforms in prod - uct safety, liability and AI risk management. Coupled with recent EU legislation on cross-border collective actions and increased access to third-party litigation funding, these changes could significantly reshape product liability litigation across the whole of Europe, including Denmark.
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