As the Novel Coronavirus (COVID-19), has spread throughout the world, including in Denmark, we follow the developments and the recommendations of the authorities closely and will keep you updated on the legal issues that arise from this global pandemic.
The authorities, the business community, the self- employed and private individuals follow the rapid development of COVID-19 on a daily basis in Denmark, the Nordic countries and in the rest of the world. Legally, COVID-19, raises a number of issues that most businesses should consider in their day-to-day operations. For example, can employer's introduce reduced working hours (work-sharing schemes) and receive salary compensation, and to what extent? Which precautions must responsible corporate management take?
Free hotline: ask our legal specialists about COVID-19
At Bird & Bird in Denmark, we have created a hotline and a special taskforce across a variety of legal areas, who are ready to answer all types of questions about the consequences of COVID-19 and the actions taken by the government.
Among other things, we cover the following areas of law and issues:
- Force majeure – when and how?
- Personal data – what information are you allowed to ask your employees to provide? Can information about infection be transmitted? Security in home offices.
- Employer's management right - what restrictions can be imposed on employees?
- Rules of termination – payroll obligations - when can employees be laid off, and can it be avoided against getting pay compensation from the state?
- IT services and outsourcing contracts – claims of force majeure /Hardship /Material Adverse / Change (MAS) after contract or on another basis. Desertion of on-site requirements, SLA relief and responsibility when handling operational challenges in general
- Cyber attack – increased risk due to home offices and insurance conditions.
- Contracts – force majeure – delay- annulment – suspension
- Public procurement and tendering - extension and amendment of existing contracts or the conclusion of new contracts without the usual tender procedure or pursuant to the emergency procedure.
- State aid - Extraordinary legislation – three-partite agreements - decisions - injunctions – guidelines
- Corporate governance - extraordinary board meetings and general meetings
- Equity – assessment of the requirements for healthy liquidity and equity in relation to aid packages.
- Insurance – cover for losses
- Financing - violation of financial covenants - expected / anticipated default
- Security - guarantees - Parent company guarantees
- Stock exchange market reporting obligation - quarterly reporting - profit forecast and guidance
- Restructuring – asset sales vs. sale of shares
- Insolvency - liquidity challenges the duty of the board to act
- Real estate - breach - exemption from the lease obligation
- Travel and cultural events - cancellation – compensation
Bird & Bird's Danish COVID-19 taskforce is coordinated by the following specialists, who are responsible for their specific practice areas and have a large team of skilled specialists:
Søren Narv Pedersen, tel. +45 22 49 08 14– Employment rights and anything regarding employee relations
Michael Gorm Madsen, tel. +45 25 24 51 30 – Personal data and anything regarding processing of health information
Julie Bak-Larsen, tel. +45 30 85 13 40 – Contract and Cyber Security
Lau Normann Jørgensen, tel. +45 20 44 21 94 – IT services and outsourcing
Thomas Larsen, tel. +45 20 75 27 49 – Public procurement and tenders
Casper Moltke-Leth, tel. +45 20 93 94 94 – General business operation, company law and real estate
Morten Nissen, tel. +45 27 59 32 04 – State aid and competition law
Mogens Vestergaard, tel. +45 30 85 13 42 – Force majeure
Jesper Langemark, tel. +45 22 26 20 02 – IT contracts and commercial contracts
Philip Graff, tel. +45 21 77 66 96 – Financing and insurance, etc.
Martin von Haller Grønbæk, tel. +45 40 73 19 14 - Start-ups
Peter Dann Jørgensen, tel. 40 54 74 96 – Public contracts and their suppliers
Peer Petersen, tel. + 30 85 13 41 – Travel and cultural events