EXPERIENCE AND EXPERTISE WITHIN COMPLIANCE

It is complicated to operate a company effectively and professionally with the increasing requirements for a company’s ability to uncover, prioritise and handle legal and commercial risks, including compliance in relation to legal and moral requirements for the company.

Compliance is not just about compliance with current rules. It is also about compliance with society’s expectations for good behaviour and uncovering of the risks of the company not meeting authorities’, consumers’, investors’ and the public’s expectations and requirements for suppliers and cooperation partners.

If the company does not meet the statutory requirements, this may result in commercial harm or sanctions by way of penalties or imprisonment. But it seldom results in a legal penalty if the company does not meet society’s expectations, but the commercial impairment may have far more serious consequences for the company.

Horten has in-depth knowledge of the complex regulation applicable to many companies. Our experts have wide experience advising on specific problems or uncovering your company’s legal and socio-economic risks and prioritising your efforts to comply with legal or commercial sanctions due to your company’s non-compliance.

We can provide preventive measures as well as handling of risks, crisis management and limitation of sanctions, if any. You will find more information below on how we can help you.

PROFESSIONAL ADVICE WITHIN COMPLIANCE

  • EMPLOYMENT AND LABOUR LAW

    Horten assists all types of companies, public authorities and public institutions with a compliance check of employment contracts, agreements and staff manuals, including whether the contract contains all material terms that apply to the employment relationship, and whether the working environment rules are observed.

    We also help your company to be compliant in relation to new legislation. For example, we have prepared the Holiday Act Test (Ferielovstesten), which will make it possible for you to assess easily whether your company is prepared for the new Holiday Act and the transition rules. Find the test here: Ferielovstesten.dk (in Danish). We have also launched the HR test (HR-testen), which will help public and private employers to assess selected employment law topics. Find the test here: HR-testen.dk (in Danish).

    Contact
    Jonas Enkegaard

  • PUBLIC REGULATION

    Horten has more than 60 years’ experience advising on administrative law and municipal law, including social law, the law pertaining to roads and parking and many other public law disciplines. We offer tailored compliance to public authorities through for example:

    • Courses in administrative and municipal law, including authority, the local government mandate, administrative case handling rules, etc.
    • Courses on access to documents under the Act on public access to documents in public files, the Public Administration Act and the Environmental Data Act
    • E-learning course in extended case handling aimed at administrative officers having contact with citizens
    • Preparing administrative frameworks, guidelines and standard letters.

    We have also prepared the Access to Documents Test (Aktindsigtstesten) that may help employees at public authorities and public owned companies to assess whether the rules on access to documents are observed. Find the test here: Aktindsigtstesten.dk (In Danish).

    Contact
    Rikke Søgaard Berth
    Sidsel Marcussen


  • PROCUREMENT LAW

    Horten assists contracting entities with observing and interpreting the procurement rules. For example, we assist with conducting tender procedures, including:

    • Preparing and assuring the quality of tender documents
    • Project management of the tender procedure.

    We also assist tenderers with:

    • Commercial considerations
    • Tender strategy
    • Optimisation and compliance of tenders
    • Applications for access to documents
    • Checking whether contracting entities observe the procurement rules.

    We have also prepared the Procurement Test (Udbudstesten) that may help public contracting entities assess whether the Procurement Act is observed in various selected areas. Find the test here: Udbudstesten.dk (In Danish).

    Contact
    Andreas Christensen
    Louise Hilton Saggau
    Mads Peter Rosenius Olsen


  • STATE AID

    Horten advises public authorities and companies that receive aid and complainants that are e.g. placed in an inferior position because a competitor receives state aid.

    We advise in connection with:

    • Assessments of aid
    • Litigation
    • Supervisory matters
    • Application for and registration of aid within various sectors
    • Assessing whether there is authority to grant aid, e.g. in sector regulation or in the rules on the local government mandate.

    In addition, you may test whether aid in a project is covered by the state aid rules on statsstøttetesten.dk (in Danish).

    Contact
    Andreas Christensen
    Marie Løvbjerg


  • COMPETITION LAW

    Horten advises on competition law issues in Denmark and the EU such as the drafting of compliance programmes and targeted training in the competition rules. We also assist with:

    • Assessment and adaptation of the company's contracts to avoid anti-competitive content
    • General assessment of the company’s competitive practice
    • Conducting cases before the ordinary courts, including assisting in the prior procedure at the Danish Competition and Consumer Authority.

    Moreover, private and public owned companies may assess whether the competition rules are observed in various areas through the Competition Test (Konkurrencetesten). Find the test here: Konkurrencetesten.dk.

    Contact
    Andreas Christensen
    Mads Peter Rosenius Olsen



  • BANKING & FINANCE

    Horten has wide experience advising on financially regulated companies, including anti-money laundering legislation.

    We therefore assist with a wide range of regulatory matters and regulation of financial companies such as:

    • Establishment of and permission to carry on a financial business in Denmark
    • Marketing of financial services
    • Ownership, management and set-up
    • Capital requirements
    • Outsourcing
    • Compliance.

    Our clients are typically:

    • National and international alternative investment managers and their customers
    • Payment services and service providers which are not regulated
    • Stockbrokers and banks.

    Our anti-money laundering expertise is all-round, and we assist with e.g.:

    • Preparing risk assessments, politics and procedures under the Anti-Money Laundering Act
    • Implementation of procedures through advice and education
    • Advice on mandatory controls
    • Advice on mandatory whistleblower schemes
    • Assistance in connection with inspections from supervisory authorities
    • Contact with authorities in case of inspections, reports or violations of the law.

    Contact
    Claus Bennetsen
    Lars Lüneborg


  • M&A

    Horten has wide experience and expertise within company law. Our advice is aimed at all aspects of compliance in the company law area - from drafting legal articles of association, shareholders’ agreements and rules of procedure to correct completion of general meetings. A special focus area is correct and punctual online registration with the Danish Business Authority of company law decisions and of legal and beneficial owners.

    We also often assist as advisers in large company transactions and investments. On the part of the seller, we assist with virtual data rooms, and on the part of the purchaser we conduct legal due diligence examinations. In addition, we assist both the seller and the purchaser with drafting the share purchase agreement and the transaction documents in this connection. We are thus used to spotting in which areas a company is not compliant so that it may be set right.

    With the company test (Selskabstesten), you may easily assess the problems facing companies on a daily basis. Find the test here: Selskabstesten.dk (In Danish).

    Contact
    Frans Rossen

The compliance team

Line Markert

Partner

Søren Hornbæk Svendsen

Partner

Finn Schwarz

Managing Partner