DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
Enforcement and Sanctions Non-compliance with the data protection regu - lation is subject to sanctions, including fines of up to 4% of global revenue/EUR20,000,000, but also injunctions to stop the unlawful processing of data – eg, data sharing or collection. Further, individuals may seek compensation if their per - sonal data is processed unlawfully. Enforcement is handled by the Danish Data Protection Agency. However, under Danish law, fines are subject to criminal prosecution. If the Danish Data Protection Agency finds that a fine should be issued, the matter will be turned over to the police and the state prosecutor’s office, which will initiate a criminal court case against the violator. 6. Dispute Resolution 6.1 National Court System Jurisdiction of National Courts in Sports Disputes In Denmark, the national courts primarily handle civil disputes related to property law, employ - ment law, and contractual matters in the sports industry. This includes breach of sponsorship contracts, disputes between clubs and players, conflicts between agents, and managerial dis - putes, such as the Kevin Magnussen case heard before the High Court in 2021. These disputes do not fall under disciplinary sports law and are typically adjudicated through ordinary courts or arbitration. Similarly, Danish courts have ruled on unauthor - ised commercial use of athletes’ image rights. The Danish Eastern High Court ordered Bet365 to pay in total EUR630,000 for unlawfully using athletes’ names and images in social media mar - keting, rejecting claims of editorial use.
• Only Processing Within the EU/EEA: The personal data may only be transferred outside of the EU/EEA under very specific conditions, which may severely restrict data sharing. • Internal Governance System: All organisa - tions handling personal data must have an adequate governance system, including pro - cedures and processes as well as awareness training, to be able to document compliance with the GDPR. Challenges and Legal Considerations While sports data offers commercial and opera - tional advantages, it also raises legal and ethical concerns: • Ownership of Sports Data: While clubs and leagues collect and store sports data, ath - letes retain certain rights under GDPR, includ - ing access and control over accuracy. • Biometric Data and Privacy Risks: The use of facial recognition and health tracking is very restricted and may require explicit consent. • Third-Party Data Sharing: Sports organisa - tions must ensure GDPR-compliant agree - ments for international data transfers, particu - larly for AI-driven analytics hosted on cloud platforms. This is not always observed, lead - ing to illegal data sharing, especially outside of the EU/EEA. • Low Maturity and Level of Awareness: Knowledge of the GDPR and its implications is somewhat limited within the sports world, both among amateurs and professionals. • Consent is Not Always Valid: Consent is usu - ally used as a legal basis. However, for a con - sent to be valid, certain requirements must be fulfilled, which are usually not observed – eg, that it must be freely given without any con - sequences if denied or withdrawn.
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