Personal data law

Horten has wide expertise within personal data law and advises on personal data law in all forms and contexts.

our experience and expertise

We have in-depth knowledge of the complicated legislation and the areas in which personal data law plays a decisive role such as employment, marketing, IT and public law. We have advised on a significant number of cases considered by the Danish Data Protection Agency, and we have many years' experience drafting applications to the Data Protection Agency.

Our personal data law experts cooperate closely with other experts abroad and have built up wide experience in international compliance within personal data law. We regularly participate in international cooperation where lawyers in a number of countries examine the guidelines and specific measures involving processing of personal data comparing these with the legislation in the individual countries.

our clients

Our client portfolio is broad and includes Danish as well as international companies and public authorities. Our experience therefore includes advice to politically managed organisations and companies with commercial understanding of the problems in relation to processing of personal data.

What we do

Compliance in relation to technical and organisational security requirements
Drafting of data processing agreements, personal data policies and cookie policies
Transfer of personal data to countries outside the EU based on e.g. EU standard contracts and binding corporate rules
Drafting of whistleblower schemes
Intra-group transfers of personal data of customers and employees
Defining the rules of the Personal Data Act in relation to other relevant regulation of personal data, including within marketing and telecommunication
Collection, processing, storage and deletion of personal data
Advice on the rights held by the data subjects
Reports and complaints to the Data Protection Agency
International compliance
Due diligence in relation to personal data and transfer of data in connection with corporate acquisitions

Personal data compliance check

Download brochure

learn more about our personal data expertise

HR and employment 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:
Egil Husum
Erik Wendelboe Christiansen
Whistleblower schemes

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:
Egil Husum
Søren Hornbæk Svensen
Government requirements and special legislation

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:
Egil Husum
Charlotte Kunckel
Cloud solutions and IT contracts

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:
Egil Husum
Mads Nygaard Madsen
Michael Goeskjær
Consumers and marketing

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.

Contacts:
Egil Husum
Heidi Steen Jensen

publications

article

Personal Data Compliance Check

March 2016

news

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.

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.

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.

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.

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.

The new personal data regulation is ready - increased control of own data and higher penalties

16 December 2015

European data protection authorities issue guidelines following Safe Harbor ruling

20 October 2015

Safe Harbor - another far-reaching EU ruling on personal data

7 October 2015

New EU ruling on personal data law across borders

6 October 2015

Transfer of personal data: EU ruling emphasises the authorities' duty of disclosure

5 October 2015

Big Data or Big Confusion: Understand the data rules

14 August 2015