Denmark

Is there a specific enacted legislation regulating AI in your jurisdiction?

Besides the EU AI Act, there is no specific national regulation of AI in Denmark.

Is there a proposed legislation regulating AI in your jurisdiction?

Yes, although the proposed regulation does not propose any material changes to the regulation of AI; it only seeks to implement provisions concerning Governance, i.e. supervisory authority/authorities, sanctions etc.

• Proposed legislation which will supplement the AI Act (in Danish)
• Proposed legislation in relation to the use of AI and SU (in Danish)

Are there any guidelines/ codes of conduct/ recommendations / reports / policies in connection with AI in your jurisdiction?

Other than the guidelines published by the Commission concerning the definition of an AI-system and prohibited practice, The Agency for Digital Government (Digitaliseringsstyrelsen) has published guidelines concerning AI-literacy. 

The Danish Data Protection Agency has published guidelines related to public authorities’ processing of personal data in relation to AI, albeit in the light of the GDPR and not AI regulation. Moreover, the Danish Data Protection Agency has issued an opinion on a public authority’s use of an AI profiling tool (in the light of the GDPR). Additionally, the Danish Data Protection Agency has published a template for DPIAs in relation to AI.

The Agency for Digital Government's guidelines on AI Literacy

The Danish Data Protection Agency's guidelines and decision:

• The Danish Data Protection Agency’s guidelines concerning public authorities’ processing of personal data in relation to AI prior to the actual processing (in Danish)
  
• The Danish Data Protection Agency's guidelines concerning public authorities' processing of personal data in relation to AI (in Danish)
  
• The Danish Data Protection Agency's decision concerning a public authority's use of an AI profiling tool (in Danish)
  
• The Danish Data Protection Agency's template for DPIAs in relation to AI (in Danish)
  

Any additional relevant news regarding AI / or anticipated future changes (e.g. white papers, policy statements about AI regulation)?

Informal policy statements are made on an ongoing basis by politicians and industry associations, however, none which have given rise to real government attention as of yet.

Is AI specifically addressed in IP laws? Are there any guidelines / soft laws relating to AI? 

Certain areas of copyright law are being changed, e.g. following TDM, which has links to AI as an technology, but as of yet not specifically or directly addressed.

The Danish Ministry of Culture has established an expert group whose purpose it is to identify challenges in relation to AI and copyright, including legal challenges. The group has not yet published their findings.

Is AI specifically addressed in data protection laws? Are there any guidelines / soft laws relating to AI?

No, AI is not specifically addressed in data protection laws in Denmark. The Danish Data Protection Agency has issued decisions in relation to AI, albeit in the light of the GDPR.

Who are the competent AI supervisory authorities in your jurisdiction? 

From the proposed legislation which will appoint the relevant authorities pursuant to the AI Act, the Agency for Digital Government (Digitaliseringsstyrelsen) will be the national coordinating supervisory authority. 

From the proposed legislation, the Agency for Digital Government will be the notifying authority pursuant to AI Act article 70(1), and the Agency for Digital Government and the Danish Data Protection Agency will in conjunction be the market surveillance authorities pursuant to AI Act article 70(1).

Are there any publicly known enforcement actions in relation to AI?

No

Are there any other sector specific laws or guideline / soft laws (e.g. finance, healthcare etc.) where AI is specifically addressed?

Yes, the Danish Act on Social Services § 128 a(2) specifically mentions artificial intelligence in the context of allowing the Minister of Social Affairs and Housing to decide when to allow for artificial intelligence to be used with reference to the Danish Act on Social Services’ chapter VII (Use of force and other intervention). 

This is one of the few current instances where artificial intelligence is mentioned in Danish legislation, however, it is unclear to which extent AI will specifically be addressed. We expect to know more in this regard, when the Agency for Digital Government firmly takes on its role as supervisory authority.

*Information is accurate up to 30 April 2025