Denmark
Employer’s disclosure of personal data
Impact date: 9 April 2026 On 9 April 2026, the Danish Data Protection Agency issued a decision regarding an employer’s disclosure of personal data, including information relating to trade union membership, to an adviser in connection with an employment dispute.
The Agency found that the disclosure was carried out in accordance with the data protection rules. It saw no reason to challenge the employer’s assessment that the disclosure pursued a legitimate interest, particularly since the information was shared with an adviser who had previously assisted the employer during the employee’s recruitment and was therefore considered to have an adequate basis for advising the employer in the dispute. The Danish Data Protection Agency therefore did not criticize the employer.
Further, the Danish Data Protection Agency has identified the monitoring of employees as one of its focus areas in 2026, including companies’ use of surveillance for employee control purposes.
Employer implications/action needed N/A
Employer risk N/A
Link N/A
New GDPR guidelines - Processing of personal data for research purposes
Impact date: 16 April 2026 On the European Data Protection Board adopted new guidelines on the processing of personal data for research purposes.
The purpose of the guidelines is to clarify how organizations can process personal data for scientific research in compliance with the GDPR. This includes guidance on the core data protection principles, the lawful bases for processing, and the obligation to implement appropriate safeguards under Article 89 GDPR.
The guidelines have been published for public consultation until 25 June 2026 and may therefore be revised before a final version is adopted.
Employer implications/action needed N/A
The EU Pay Transparency Directive
Impact date: 1 January 2027 The EU Pay Transparency Directive introduces binding rules intended to secure pay transparency throughout the Member States. The Directive requires national implementation no later than 7 June 2026.
On 26 February 2026 a draft Bill implementing the EU Pay Transparency Directive was published for public consultation. The draft Bill will be presented in the Parliament after the Parliament election.
The European Commission and EIGE have recently published guidelines aimed at supporting companies’ work on pay structures that ensure equal pay for the same work or work of equal value.
Employer implications/action needed Recommended to start a structured process leading up to 1 January 2027. Review and update pay structures and job evaluation criteria to ensure they are objective and gender-neutral, adjust recruitment materials and processes to meet the new transparency requirements.
Employer risk N/A
Link N/A
Political agreement - New collective-agreement-based business scheme for third-country labor
Impact date: Awaited. As a result of the general election, the Bill has lapsed and may subsequently have to be reintroduced. On 30 June 2025, the Government announced a new “overenskomst-based” business scheme to ease recruitment from selected non-EU countries on Danish collective-agreement terms. The model ties access to being covered by a DA/FH-level collective agreement and certification with SIRI, with strengthened anti-dumping controls (e.g., ID-card measures on large sites).
Employer implications/action needed N/A
Employer risk N/A
Workplace-accident reporting
Impact date: Awaited (as the proposal remains under consultation pending the formation of a new Danish government) A draft amendment proposes that employers must notify workplace accidents only if the injury causes at least three full days’ absence beyond the day of injury (currently it is one day). The change targets administrative burdens by filtering out very minor injuries from mandatory notification.
Employer implications/action needed N/A
Minimum wage
Impact date: Awaited, due to the pending formation of a new Danish government. On 11 November 2025, the Court of Justice of the European Union delivered its judgment in Case C-19/23 (Denmark v Parliament and Council). The Court rejected the Advocate General’s recommendation to annul the Directive in full and instead confirmed the overall validity of the Directive, while annulling only certain parts of Article 5 that prescribed detailed criteria and a non-regression rule for statutory minimum wages in Member States that have such wage setting mechanisms. The EU Directive on adequate minimum wages in the EU is now in force and Member States had until 15 November 2024 to implement it. The Danish Government has taken legal action against the European Parliament to have the Directive or parts of it annulled. This is due to the Government considering the requirements of the Directive to be inconsistent with the Danish labor model in which employment terms, such as wages, are to be negotiated between employers and employees and their organizations regarding collective agreements.
Employer implications/action needed No action required at this time, but employers should monitor the progress of the legal action taken by the Danish Government.
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