DENMARK Law and Practice Contributed by: Simon Evers Hjelmborg, Christian Monberg, Linn Dyrgaard Stinus and Ann Sophie Juul Hird, Accura Advokatpartnerselskab
Non-compliance with these obligations is usu - ally penalised by fine. The failure to prevent a bribe is not an offence. An individual can, however, be an accomplice to bribery, if the individual is aware of the crime and has the intent to commit the bribe. 8.2 Compliance Guidelines and Best Practices There are several guidelines on corporate gov - ernance, including guidelines on risk-manage - ment and compliance programmes, available to Danish companies. These guidelines are not legally binding but emphasise what is considered best practice and should as such be adhered to. The guide “Recommendations on good corpo - rate governance” published by the Committee for good Corporate Governance ( Kommitéen for god Selskabsledelse ) sorting under the Dan - ish Business Authority ( Erhvervsstyrelsen ) is the most commonly used and referred to in Denmark. The guide advises that company management should address significant strategic or busi - ness-related risks associated with bribery and money laundering. Additionally, it mandates the implementation of whistle-blower programmes. The guidelines provide detailed instructions on establishing compliance programmes aimed at protecting and educating employees in areas where the company is most vulnerable to cor - ruption and bribery. Additionally, the Disciplinary Board of the Danish Bar and Law Society set out guidelines for Dan - ish law firms on the implementation of compli - ance programmes and handling of funds. Further, the Danish Business Authority and the European Commission have set out guidelines on the implementation of the CSR-directive
obliging certain companies to report on anti- corruption amongst other things. See also 8.1 Compliance Obligations regarding the Financial Statements Act Section 99a on CSR reporting obligations. 8.3 Compliance Monitorships Currently, enforcement bodies do not have the option of seeking a compliance monitor as part of corporate resolutions.
9. Assessment 9.1 Assessment of the Applicable Enforced Legislation
OECD published an evaluation of Denmark in 2023 (the so-called Anti-Bribery Convention Phase 4 report). The Report contains several recommendations pertaining to the legislation and awareness of foreign bribery and a com - ment on the fact that Denmark have very few cases revolving around corruption and bribery. The Phase 4 report points to several weakness - es of the Danish anti-corruption and anti-bribery legislation and enforcement, including the fol - lowing. • Investigation and legislation regarding bribery from foreign countries is not sufficient. • There is no clarification on the legal basis for small facilitation payments The Phase 4 report also points to several strengths of the Danish anti-corruption and anti- bribery legislation and enforcement, including the following. • The steps taken against anti-money launder - ing and the greater protection of whistle- blowers.
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