28 October 2013

New EU report lays down the consent requirement under the cookie rules

The Article 29 Data Protection Working Party - a group set up under the personal data directive consisting of representatives from the data protection agencies of the member states - has recently published a report laying down the content of the consent requirement under the cookie rules. The purpose of the report is to ensure a uniform construction of the consent requirement within the EU. The Group's construction is close to the Danish construction as described in the cookie guideline.

Owners of websites using cookies are obligated to inform the users that the website uses cookies and the purpose thereof. Based on this information, the user may give his/her consent.

The Working Party attaches importance to the fact that the consent must be specific and based on clear, adequate and unambiguous information on the website's use of cookies. In this connection, it should be stated which types of cookies are used and their purpose. A consent will be considered invalid if the user has not obtained information on the purpose of the cookie.

The consent must also be antecedent meaning that cookies may not be used before consent has been obtained.

Further, the consent must express a volunteer indication of a wish. This means that the user must actively give his/her consent e.g. by clicking onto a page, by crossing off a box or by clicking a button on the website. It is not sufficient that the user simply visits the website. The Working Party recommends that the access to a website is not made conditional on the user accepting the website's cookies.

If the owner of the website wants to be sure that the website complies with the consent requirement, all the above requirements should be met.

(To read the entire report, click here. Please note that the report is in Danish).

The Data Protection Agency publishes template data processor agreement

19 February 2018

An important element of complying with the provisions of the data protection regulation is to ensure that the required data processor agreements have been concluded. The Data Protection Agency has prepared a template data processor agreement and an accompanying text explaining how to use the template.

100 days until the data protection regulation comes into force – are you ready?

14 February 2018

The data protection regulation will come into force in Denmark in 100 days from now. We will sum up what you need to have in place before 25 May 2018.

Unique cooperation between Horten and Symbion

5 February 2018

Horten has entered into unique cooperation with Symbion and Accelerace where we will make a team of lawyers available for start-up businesses at the shared office facilities Horten CoLab.

New rules on processing of payment data from 2018

9 January 2018

New and more lenient rules on processing of payment data came into force at the turn of the year. We provide you with an overview of the new rules.

New Managing Partner at Horten

2 January 2018

Finn Schwarz, Attorney and Partner, has been appointed Managing Partner of Horten Law Firm as of 1 January 2018.

The edtech company Labster announces Series A investment

7 September 2017

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

The Maritime and Commercial High Court states: Hästens' trademark infringed

18 August 2017

The Maritime and Commercial High Court has ruled that Hästens Sängar AB’s blue check pattern is a (well-known) trademark in Denmark. The manufacturer Nordicform AS, Magasin and a number of other distributors have thereby infringed Hästens’ trademark rights and violated the Danish Marketing Practices Act by selling bedclothes with the blue check pattern, and they must pay compensation.

Google - an overview of the summer’s EU case against the internet giant

27 July 2017

In June 2017, the European Commission ruled in the first of three pending cases against Google and ordered Google to pay a record-high fine of EUR 2.42 billion for abuse of its dominant position. According to the European Commission, Google favoured Google Shopping in its search engine.

White Paper concerning the data protection regulation has arrived

29 May 2017

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Comparative markets - supermarkets and hypermarkets

9 March 2017

The CJEU recently issued its ruling in case C-562/15 on comparative advertising comparing prizes between shops of different sizes and formats.

Four new specialised attorneys at Horten

7 March 2017

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

Data protection officer – who, when, what?

12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

Dynamic IP addresses may constitute personal data

19 October 2016

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

Internet media under pressure because of new EU ruling

15 September 2016

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

Circle K wins over OK in legal action concerning a new logo - Horten assisted Circle K

25 August 2016

Horten has assisted Circle K in a legal action against OK. OK claimed that Circle K's new logo infringed the company's trademark rights to OK and was therefore contrary to the Trademark Act.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

New association: The Danish association for marketing law

13 April 2016

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

Publication of draft Privacy Shield between the EU and the USA

8 March 2016

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

Are you ready for the new personal data protection regulation?

24 February 2016

Does your company - private or public - meet the requirements of the applicable personal data act, and are you ready for the new amendments?

Dispute concerning cost-free loan guarantees to two district heating companies may be brought before the Supreme Court

23 February 2016

State subsidies: A dispute concerning cost-free loan guarantees to two district heating companies may be brought before the Supreme Court, but the municipal initiatives should continue.

The Supreme Court did not set aside an arbitration award

10 February 2016

A new Supreme Court ruling concerning compensation for breach of a distributor agreement emphasises the binding character of awards.

Political agreement on new EU-US privacy shield agreement

4 February 2016

A new political agreement between the European Court of Justice and the US is finalized, after the European Court of Justice set aside the the Safe Harbor scheme last year.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New practice on diminished value in online purchasing

13 January 2016

A failure to state the cancellation terms entitles the consumer to a full refund if the purchase is cancelled within 14 days.