On 26 February 2025, the Danish Parliament presented a bill on supplementary provisions to the AI Regulation concerning the designation of national competent authorities.
According to the AI Regulation, each Member State must designate at least one notifying authority and at least one market surveillance authority.
With this bill, it is proposed that the Danish Agency for Digital Government will be the notifying authority, while both the Danish Agency for Digital Government, the Danish Data Protection Agency and the Danish Court Administration share the competence as market surveillance authority in their respective areas.
What will the division of labour be?
The Danish Agency for Digital Government is proposed to be designated as the market surveillance authority for the supervision of certain prohibited AI systems under the AI Regulation. These are AI systems that, for example, use deliberately manipulative techniques or AI systems that exploit vulnerabilities based on age or disability.
The Danish Data Protection Agency is proposed to be designated as the market surveillance authority for the supervision of certain prohibited AI systems, which are used to perform risk assessments based on profiling of personality traits and personal characteristics in order to assess or predict the risk of, for example, a natural person committing a criminal offence.
The Danish Court Administration is proposed to be designated as the market surveillance authority for the supervision of certain prohibited AI systems that concern the courts' use of AI systems when the courts are not acting in their capacity as courts. This means that the Danish Court Administration's supervision only covers administrative matters.
It is proposed that the three selected market surveillance authorities also be granted powers as part of their supervisory duties. This will include being able to carry out unannounced inspections, issue injunctions and issue temporary prohibitions.
The bill is a necessary step towards the regulation of AI systems. It is planned to enter into force from 2 August 2025 if the bill is adopted in its current form.
The bill will be presented for its first reading on 13 March 2025.