Denmark has a sophisticated collective action regime.

What is the most common type of collective action you are seeing?

Professional liability, prospect liability and product liability cases.

What are the various ways a group could bring a collective action?

By a class action. Alternatively, the Danish Administration of Justice Act allows for pending cases between the same parties or against (or lodged by) the same parties or even, between different parties that may be combined and handled as one case (section 254 of the DAoJA).

If collective actions are permitted, are these opt-in or opt-out actions?

There is both an opt-in and an opt-out model (although this is rarely used). The court will decide which model is used.

Does the law currently provide for private collective actions by consumers?

Not just in consumer law.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

All forms of relief are permitted but compensation is the most common. Punitive damages cannot be claimed.

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

Bodies which represent consumers can bring actions but only if they fall within recognised criteria. Actions can be cross-border if necessary, to pursue the claim.

Is third party funding of litigation permitted?

But it is not a well-developed market.

Is litigation funding permitted for collective actions?

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Is there a formal mechanism to settle actions on a collective basis?

Any settlement must be approved by the court. All consumers are bound by it. 

If a trader loses a collective action does the law require the trader to publicise this?

But all cases are public.

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

Not specifically for representative actions.

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.