DENMARK Trends and Developments Contributed by: Simon Milthers, Thomas Bøgedal Kristiansen, Mikkel Friis Rossa and Emil Steenberg, Bech-Bruun
framework. Certain IP rights transfers must be registered with Danish public authorities – with the Danish Patent and Trademark Office ( Pat- ent- og Varemærkestyrelsen ) being the primary authority responsible for the registration of trade marks, designs, patents, and utility models. The transfer of domain name rights also requires registration and the process varies depending on the specific registrar. According to the Dan- ish Domain Names Act ( Domæneloven ) and the associated terms and conditions for the use of a “.dk” domain name, registrants are required to provide certain data upon request. Failure to comply with these requirements can result in the suspension or cancellation of the domain. While economic copyrights are typically assigned through mutual written agreements, the moral rights of the creator or author can- not be broadly waived. Under Section 3 of the Danish Copyright Act ( Ophavsretsloven ), these moral rights include the author’s right to be cred- ited in accordance with “good practice”, as well as protection against the misuse of their work. Although an author can waive their moral rights for specific uses, any agreement that attempts to waive all moral rights generally is invalid. In technology M&A transactions, a buyer’s due diligence will typically include a comprehensive analysis of the target’s technology and relevant IP rights to ensure – inter alia – that the target is in fact the legal owner of all necessary rights and sufficiently protected. The typical scope of due diligence with regard to technology M&A transactions encompasses identification of all relevant technology and IP assets (including registered and unregistered IP rights and trade secrets) owned or used or licensed by the tar- get company and confirmation of the target’s ownership or rights as well as any applicable
restrictions. This typically involves an overview of the target’s IT infrastructure, including wheth- er software used is commercial-off-the-shelf or custom-developed. Prioritising ESG and sustainability ESG considerations are becoming increasingly important in the tech sector. Investors and com- panies are placing greater emphasis on sustain- ability and ethical practices. This trend is reflect- ed in the growing number of tech transactions that prioritise ESG factors. The EU’s digital and data strategies align with these priorities promoting responsible data use and cybersecurity measures. As ESG considera- tions become more central to business strate- gies, they will play a significant role in shaping When engaging in private M&A transactions involving companies that utilise digital interme- diation services – such as online marketplaces, social media platforms, or search engines – as a core component of their business model, it is crucial to consider the implications of the Digi- tal Services Act (DSA) ( Forordningen om digitale tjenester ). This legislation imposes specific obli- gations on companies, particularly in relation to consumer protection. Starting from 17 February 2024, the Danish Competition and Consumer Authority ( Konkur- rence- og Forbrugerstyrelsen ) has embarked on a systematic and ongoing supervision initiative. This initiative initially aims to oversee approxi- mately 400 Danish digital intermediation ser- vices in order to ensure their compliance with the DSA. M&A activities in the tech sector. Digital intermediation service
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