DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
3.2 Liability Duty of Care for Sports Event Organisers Sports event organisers in Denmark are subject to a strict duty of care similar to that of property owners, as they exercise control over the venue and the safety of participants and spectators. Organisers are required to take necessary pre - cautions to prevent injuries and provide proper instructions to ensure safety. The general culpa principle under Danish tort law also applies to event organisers – ie, if an organ - iser fails to take reasonable precautions and an injury occurs, the organiser can be held liable. However, if sufficient safety measures have been implemented and communicated, organisers are typically not liable for accidents that occur dur - ing the event. Limitation and Exclusion of Liability Organisers often limit liability through disclaim - ers in ticketing terms and participation agree - ments. However, under Danish law, liability for gross negligence or wilful misconduct cannot be excluded. Liability waivers for participants in high-risk sports, such as extreme sports or con - tact sports, may be upheld if they clearly inform participants of inherent dangers. Courts may, however, assess such waivers restrictively, par - ticularly if safety instructions were inadequate. Additionally, the Danish Consumer Contracts Act restricts unfair liability exclusions in consum - er agreements, meaning that ticket holders and spectators cannot be deprived of fundamental legal protections. Safety Measures Against Violence and Disorder To prevent violence and disorder at sporting events, Danish law imposes strict security regu - lations on event organisers, including:
• Crowd Control and Stadium Safety: Organis - ers must comply with the Danish Building Act, the Danish Act on Safety at Certain Sporting Events and local municipal safety permits, ensuring proper exits, crowd management, and emergency preparedness. • Hooliganism Prevention: Authorities maintain a national database of banned spectators, preventing access for individuals involved in previous disturbances. Clubs can be sanc - tioned under the DBU’s disciplinary rules for fan misconduct, including failure to prevent or address discriminatory or racist chants, lead - ing to fines or other liabilities. • Alcohol and Pyrotechnics Restrictions: The use of flares and fireworks is strictly regu - lated, and violations can result in criminal prosecution and stadium bans. • Law Enforcement and Private Security: The Danish Police Act grants law enforcement the authority to intervene in stadium secu - rity, while clubs and event organisers must provide trained stewards to handle crowd control. The corporate structures of sports organisa - tions vary depending on their level of profes - sionalism, commercial focus, and governance model. While professional sports clubs increas - ingly operate as public limited companies (A/S), many non-professional clubs remain structured as associations. Professional Sports Clubs Most top-tier professional football clubs in Den - mark operate under the public limited company (A/S) structure, allowing for external investment and commercial decision-making. 4. Corporate 4.1 Legal Sporting Structures
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