DENMARK Law and Practice Contributed by: Heidi Bloch, Rasmus Tommerup and Rasmus Estrup, Kennedys
1.4 Obligations to Notify Regulatory Authorities A business operator who becomes aware that a product they have placed on the market is not safe when used in the usual and expected man - ner must immediately notify the Danish Safety Technology Authority and take the necessary measures. The obligation to notify the regulatory authority applies to all commercial operators involved in the supply chain. However, it is sufficient for a single commercial operator in the supply chain to notify the Danish Safety Technology Authority, provided that the notification is sufficient. The notification to the Danish Safety Technology Authority should enable the authority to assess the risk, including whether the measures taken by the commercial operator to mitigate the risk are adequate. Therefore, the notification should typically include a description of the product and the risk. If the product is sold in several EU countries, the notification to the authorities can be made as a joint communication to all relevant national authorities using the EU Commission’s Product Safety Business Alert Gateway. Regarding the deadline for notification, it should be made “immediately” when the commercial operator becomes aware that a product poses a safety risk. According to Danish law, this is interpreted as a reasonable and prompt action in relation to the specific circumstances of the case, with emphasis on whether the notification was made without undue delay after the busi- ness operator became aware of the safety risk associated with the product.
1.5 Penalties for Breach of Product Safety Obligations The Danish Safety Technology Authority is granted a range of remedies over commercial operators to ensure compliance with the law’s requirements. If a product does not comply with product safety regulations, the Danish Safety Technology Authority can issue an enforcement notice against the commercial operator. Enforce - ment notices can be issued against all levels of the supply chain. For example, the Danish Safety Technology Authority can instruct the commercial opera - tor to warn users about the risks associated with the product or to remedy conditions that do not comply with product safety regulations. Among the most intrusive enforcement notices are orders to cease sales, recalls, withdrawals, and destruction of products. Violations of prod - uct safety regulations can result in a fine or, in severe cases, imprisonment. As a starting point, fines begin at EUR6,700, but fines may be determined based on the expected profits from selling a dangerous product. Under aggravating circumstances, imprisonment of up to two years may be imposed. This could occur, for instance, when the product has caused seri - ous personal injury, in cases of repeat offences, or in instances of systematic violations of the regulations. 2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law In Denmark, personal injury and property dam - age are the main reasons for legal action in prod - uct liability matters.
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