Personal data law

Horten advises on how to organise the processing of HR data in accordance with the Personal Data Act and has in this connection reviewed the processing of HR data by a number of companies. We have built up wide experience in relation to companies' compliance with the rules on the duty to inform and obtain consent to processing of personal data, including in connection with exchange of HR data between different affiliates of multi-national groups.

Horten has also assisted with the drafting of guidelines in relation to storage and deletion of personal data for a number of companies and public authorities based on general as well as specific regulation of the individual areas.

In addition, Horten has advised on a number of specific issues in connection with registration of the employees' use of the Internet and e-mails, recording of telephone conversations for training purposes, etc. and TV surveillance.

Contacts:
Erik Wendelboe Christiansen
Marianne Lage

Horten has been responsible for registering a large number of whistleblower schemes on behalf of Danish and foreign companies with the Data Protection Agency .

In this connection, Horten has advised on the many issues pertaining to personal data law which are relevant when introducing whistleblower schemes, and which have differed significantly depending on how the company wishes to compose its whistleblower scheme.

Contacts:
Søren Hornbæk Svensen

In connection with collection, storage and transfer of personal data, a number of questions arise as to right and duty, e.g. due to special legislation, and it is often difficult to comply with the general rules on processing of personal data and special legislation at the same time.

Horten has wide experience advising companies and public institutions within this interface between general personal data legislation and special legislation. 

There are also special rules on processing of personal data in certain areas, which take precedence over the rules of the Personal Data Act, including, in particular, in the healthcare area and within the financial sector. Horten also has wide expertise and experience within these rules.

Contacts:
Charlotte Kunckel

Transfer of personal data to countries outside the EU as part of e.g. cloud solutions and other IT contracts requires special authority, including e.g. application of the European Commission's standard agreements.

As part of our work on international compliance, Horten has wide experience within this field.

Contacts:
Mads Nygaard Madsen
Michael Goeskjær

Marketing vis-á-vis consumers often requires consent and observance of the duty to inform. Companies' use of cookies also raises problems in relation to observance of the duty to inform and obtain consent.

Another recurring issue is the use of customer data for the purpose of marketing for other companies.

Horten advises private as well as industry organisations on how to carry out marketing and use cookies to achieve the purpose while observing the rules at the same time.