Law note · Denmark
GDPR Articles 82-83 and Datatilsynet Enforcement in Denmark
Datatilsynet holds the General Data Protection Regulation (GDPR) Article 58 corrective toolkit directly, warnings, reprimands, compliance orders and processing bans, but GDPR Recital 151 records that Denmark's legal system does not allow the supervisory authority itself to impose an administrative fine. In practice, Datatilsynet reports a violation it considers fine-worthy to the Danish police with a recommended amount, and the fine is set and imposed by the Danish courts as a criminal penalty rather than by Datatilsynet directly.
GDPR Article 82 gives any person who suffered material or non-material damage a right to compensation from the controller or processor.
What it asks of an app
- Expect Datatilsynet to hold General Data Protection Regulation (GDPR) Article 58 corrective powers directly over your processing of personal data of a person in Denmark, but to route any fine it recommends through the Danish police and courts rather than imposing it directly.
- Expect any person who suffered material or non-material damage from an infringement to have a direct right to claim compensation from you as controller or processor, under GDPR Article 82.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, high_risk_decisions, processes_biometrics, processes_voice
Primary source: Official Journal text, EUR-Lex, Regulation (EU) 2016/679
GDPR Recital 151