DENMARK Law and Practice Contributed by: Thomas Maaberg Hansen and Peter Sand, Gorrissen Federspiel
2024/1373 sets out key elements of an effective com - pliance programme, such as management commit - ment, risk assessment, sanctions screening, inter - nal controls, record-keeping, training, and auditing. Companies in the defence sector should adapt their programmes to the higher risks associated with the sector, particularly when dealing with higher-risk juris - dictions. 4.7 Enforcement, Penalties and Voluntary Disclosure In Denmark, breaches of applicable EU and UN sanc - tions are subject to criminal penalties under the Dan - ish Criminal Code. Pursuant to Section 110 (c) of the Danish Criminal Code, which was amended in 2025 to increase the maximum penalties, breaches are punishable by a fine or imprisonment for up to five years, with a maximum of eight years in particularly aggravating circumstances. In addition, any economic advantage obtained as a result of a breach of applica - ble EU or UN sanctions may be subject to confisca - tion under the general rules on confiscation set out in Chapter 9 of the Danish Criminal Code. As regards civil remedies, the general Danish rules on civil liability and procedure apply. Depending on the circumstances, a breach may give rise to a claim for damages. See also 3.9 Enforcement, Penalties and Voluntary Disclosure . 4.8 Recent Enforcement Actions and Developments There have been no publicly reported sanctions enforcement actions involving Danish defence-sector participants in the past 12 months. The EU has con - tinued to expand its sanctions regime against Russia, including measures targeting Russia’s military indus - trial complex. 5. National Security Regulation 5.1 National Security Legislation Applicable to the Defence Sector The Danish Weapon Act and the Danish War Mate - rial Act are the principal national laws. They regulate,
among other things, the production of weapons and war material, import, brokering, and export. The Dan - ish National Police and the Danish Ministry of Justice are the competent authorities. Furthermore, the Danish Dual-Use Executive Order is relevant. The executive order regulates the export, transfer, brokering, and technical assistance of dual- use products and technology. The Danish Business Suppliers to the Danish defence sector may in general be required to submit to a security vetting (depending on the nature of the goods and/or services delivered). When applying for a licence from the Ministry of Jus - tice to manufacture war material pursuant to the Dan - ish War Material Act, the applicant must consent to the Danish Security and Intelligence Service ( Politiets Efterretningstjeneste , or PET) and the Danish Defence Intelligence Service ( Forsvarets Efterretningstjeneste , or FE) obtaining information about the applicant that is of security-related interest. This includes information obtained from foreign authorities and co-operation partners. See also 5.7 Counter-Espionage and Inside Threat Obligations . 5.3 Classified Information and Official Secrets The Danish Circular on Security and Protection of Classified Information regulates access to and protec - tion of classified information. Section 13 of the circular is referred to in 5.2 Security Vetting and Clearance Requirements . Authority is the competent authority. 5.2 Security Vetting and Clearance Requirements Public access to documents received or created by a public authority is regulated by the Danish Access to Public Administration Files Act. Under Section 7, any person may request access to documents received or created by a public authority as part of its admin - istrative case processing. However, Sections 19–35 contain a number of exemptions to Section 7, includ - ing that access may be restricted to the extent that it is of material importance to the security of the State or the defence of the realm.
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