Danish Act on Digital Communication with the Public

Date 10 sep. 2013
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The Danish Act on Digital Communication with the Public Sector

The Danish Parliament has adopted the Danish Act on Digital Communication with the Public, which, with few exceptions, will cover all companies in Denmark. Companies must have connected to the system no later than 1 November 2013.

 

The Contents of the Act in brief

The act applies to all communication with the public sector when the communication contains confidential or sensitive personal data. The act does not apply to regular email communication with the public sector or communication through specific internet-based public mailing functions, public self-service solutions etc. 

 

The act grants digital communication with the public sector the same legal effects as written communication sent in the traditional manner. This will e.g. have an impact on administrative decisions’ binding effect on the recipient and on the calculation of the deadline for appeals.

 

Companies may be exempted from the obligation to use the digital communication system if there are exceptional circumstances, e.g. a company resident in an area with limited access to the internet. 

 

Data Security and Data Protection

The mailing solution selected must, with regards to personal data covered by the Danish Act on Processing of Personal Data, ensure compliance with the requirements for processing of personal data and take the necessary technical and organisational precautionary measures.

 

Companies’ Compliance in Practice

Companies may comply with the mandatory connection to the system by using the mailing solution created by e-Boks A/S, which is available at virk.dk or e-boks.dk. In order to obtain access, the company must have a NemID employee signature or a digital employee signature.

 

It is possible to establish a digital mailbox for each CVR number. The minister of Business and Growth is authorised to lay down rules allowing companies to establish digital mailboxes with other means of identification than the CVR number, e.g. P-number. This authorisation has not yet been exercised.

 

Please see the instructions (in Danish) and the self-service-guide (in Danish) for creating a digital mailbox.


 

Should you have any questions or wish further information on the above, please contact partner Christian B. Guldmann (cbg@mwblaw.dk), attorney Henrik Syskind Pedersen (hsp@mwblaw.dk) or Trainee Rasmus Albrechtsen (ral@mwblaw.dk).

 

The above does not constitute legal counseling and Moalem Weitemeyer Bendtsen does not warrant the accuracy of the information. With the above text, Moalem Weitemeyer Bendtsen has not assumed responsibility of any kind as a consequence of a reader’s use of the above as a basis of decisions or considerations.