Transfer pricing concerns the setting of prices and terms and conditions for the trade that takes place between two or more parties in the same corporate group (so-called "controlled transactions"). Companies are obliged to prepare written documentation that can form the basis for an assessment as to whether the prices and terms and conditions of the controlled transactions are in accordance with what could have been achieved if the transactions had taken place between independent parties.
Previously, the rule was that documentation had to be submitted upon request from the Tax Authority, but under new rules the documentation must be submitted automatically to the Tax Authority no later than 60 days after the deadline for submitting the tax return.
If the documentation is not submitted on time, a decision will be made as to whether the company should be fined for its failure to submit the documentation, and practice in this area is strict. Companies that either intentionally or grossly negligently fail to submit their documentation on time can be fined DKK 250,000 per company per financial year plus an additional fine of 10% of any increase in income derived from the lack of documentation. If the company subsequently submits the documentation, the fine can be reduced to DKK 125,000 per company per financial year, but still with the additional fine of 10% of any increase in income.
The European Data Protection Board adopted draft guidelines for public consultation on so-called dark patterns aimed at social media networks on 14 March 2022.
The term dark pattern refers to interfaces designed to influence the user into making unintended and potentially harmful decisions regarding the processing of their personal data.
The guidelines are structured around the main parts of a social media user's journey where they are likely to encounter dark patterns, e.g., during sign up, changing settings and closing their account. The guidelines contain the application of the key principles established in the GDPR and offer practical recommendations to designers and users of social media platforms on how to design user interfaces that facilitate the effective implementation of the GDPR.
The guidelines include examples of dark patterns and sets out best practices at the end of each use case. A checklist of dark pattern categories can also be found in the annex to the guidelines.
You can read the new guidelines here: https://edpb.europa.eu/system/files/2022-03/edpb_03-2022_guidelines_on_dark_patterns_in_social_media_platform_interfaces_en.pdf
UNIVERSADVOKATER's partners have several decades of experience in international practice covering the full spectrum from day-to-day cross border business to multi-million dollar projects and dispute resolution.
UNIVERSADVOKATER has a unique and close personal network of lawyers in excellent law firms throughout the world.
Our commercial real estate team can advise and support you with:
- Acquisitions and sales
- Asset management
- Leases
- Property litigation
- Development and construction
- Planning law
- Environmental issues
Our approach is both pragmatic and innovative. We use our experience as well as our creativity to provide strategic advice which will help you find practical solutions to your corporate challenges and assist you to achieve your objectives.
Our corporate team can advise and support you with:
- Mergers and acquisitions
- Due diligence
- Corporate restructuring
- Private equity transactions
- General corporate advisory
- Company secretarial work.
If you need Danish legal advice on a family law or private matter, our team will be happy to assist you and ensure that you receive the support and guidance you need.
Send an email to mail@universadvokater.dk with a short description of the matter you would like advice about, and one of our private client team will give you a call. We are always happy to have a preliminary discussion at no charge.
Our team can advise and support you with:
- Wills and inheritance matters
- Family law, including nuptial agreements
- Division of assets
- Danish summerhouse law and recreational use compliance
- Conveyancing.
In 2012, rules were introduced requiring the largest Danish companies to set a target and prepare a policy for increasing the proportion of the underrepresented gender in the company's top management body and to report on these initiatives. These rules were tightened by Act No. 568 of 10 May 2022, which entered into force on 1 January 2023 and the Danish Business Authority has published updated guidance as a result of the legislative amendment.
The new rules mean, among other things, that with effect from 1 January 2023, companies must not only set a target figure and prepare a policy to increase the proportion of the underrepresented gender in the company's top management body but must also set a target figure for the proportion of the underrepresented gender at the company's other management levels. Stricter requirements have also been introduced for reporting on the specific measures and actions the company has taken to achieve its target figure. It is now a requirement that the company takes active steps to increase the proportion of the underrepresented gender in management.
The rules cover all state-owned public limited companies and listed companies included in accounting class D, as well as the large Danish companies included in accounting class C.
A parent company that prepares consolidated group accounts may be covered by the rules if it is the parent company of a group that as a whole fulfils the criteria for being a "large" company. This will be the case if the group of which the parent company is part exceeds the size thresholds for an undertaking to be covered by the rules. The calculation of whether a parent undertaking is "large" must be made at group level when the parent undertaking prepares consolidated group accounts.
Gender balance in this context means 40/60% women/men (or the number that comes closest to 40% without exceeding 40%). As an example, the Danish Business Authority states that a company with a board consisting of three directors will have an equal gender distribution by having one female member and two male members or vice versa - i.e., 33.33% / 66.67%. It is irrelevant whether women or men make up 40% or 60%. A company is not obliged to set targets or develop a policy to increase the proportion of the under-represented sex once it has achieved the above gender balance. It should be noted that a company does not have a balanced representation if it only has women in the management body.
The new rules require companies to include a report on their target figures for the gender composition of the top management body and their target figures and policy for the gender composition at the company's other management levels in the management commentary in the annual report. As a general rule, this report must be consolidated in one place, so that the various elements in the report are not spread out in different places within the management report.
The new reporting requirements are effective for financial years beginning on or after 1 January 2023. Companies that have the calendar year as their financial year must therefore include a report that lives up to the stricter requirements in the annual report for 2023.
The Danish Business Authority states that the changes are intended to promote a more equal distribution of women and men in companies' top management bodies and at the other levels of management. The intention is to increase transparency and thereby incentivise companies to promote gender balance. The rules are intended to give companies flexibility to set targets that fit their specific circumstances and to respect the companies' management rights and individual company and industry conditions.
You can find the Danish Business Authority's guidance here:
If you need advice on the new rules, please contact Ruth Caddock Hansen at rch@universadvokater.dk
Ruth Caddock Hansen, der koordinerer UNIVERSADVOKATERs internationale aktiviteter, er englænder, men behersker efter mange år i Danmark dansk som en indfødt. Ruth er såvel dansk advokat som solicitor (England og Wales)..
Kontakt Ruth på 89 34 35 03 eller rch@universadvokater.dk.
Please click here to go to our Legal Notice page.
The Legal Notice page is in the Danish language, but you may use the translation tool on the page's top menu to translate the page into a language of your own choice.
Please note that translations may be inaccurate. In case of any difference in meaning between the Danish language original version and any translation thereof, the Danish language original version shall be applicable.
We offer a wide range of dispute resolution services and are experienced in assisting our clients with negotiations, mediations, arbitration, litigation, and multi-party proceedings as well as appellate proceedings in many different areas of the law, such as commercial property disputes, construction disputes, corporate & shareholder disputes, debt recovery, employment disputes (including claims of discrimination), intellectual property disputes and IT disputes.
We represent clients in regulatory inquiries and enforcement proceedings as well as related civil disputes and litigation. We are also experienced in advising clients on the wider risk and public relations issues that are often involved in commercial disputes.
Our team can advise and support you with:
- Drafting data protection policies, including incident response policies.
- Navigating the restrictions on collection and use of consumer information.
- Consumer engagement activities such as marketing and advertising
- Training on how to handle a data breach, and assistance with actual data incidents and breaches.
- Regulatory compliance advice including compliance assessment and remediation.
We can provide you with pragmatic, business-oriented advice and assist with all manner of employment law related queries, such as:
- Contracts including employment contracts, director contracts and consultancy agreements
- Employee incentives
- Change management including workforce reduction, collective redundancies, changes to existing terms and conditions and exit negotiations for senior employees
- Diversity and equality issues
- Confidentiality issues including restrictive covenants and business protection
- Sick leave issues including assistance with the Danish 120 day rule
- Working environment rules and requirements
- International recruitment including posting workers internationally and hiring foreign workers into Denmark
- Discrimination cases
- Dismissals
Our team can advise and support you with:
- Strategies for IP protection
- Intellectual property registrations
- Marketing law
- Competition law
- Protecting trade secrets
- Domain name issues
- Intellectual Property disputes
- Negotiating and drafting agreements, such as licence agreements, transfer agreements, joint venture agreements, distribution agreements and IT contracts.
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UNIVERSADVOKATER arbejder med et stort antal fagområder. Kun enkelte af fagområderne har deres egen hjemmeside.
When dealing with a partner from a different country, it is always a good idea to keep in mind that there may be specific formal requirements that must be complied with in the country where your partner is established.
This applies when a Danish company does business with a German partner. For example, when entering into a contract with a German partner it is important to note that not every form of contract is legally binding in Germany.
Section 126 of the German Civil Code states that if the written form is prescribed by an applicable law, the physical document must be signed by the issuer himself with a wet signature.
Conversely, this means that the written form can be replaced by the electronic form if the law does not state otherwise.
Its also worth noting that invoices, orders, cancellations and direct debit authorizations can be received digitally in Germany.
Contact Ruth Caddock Hansen at rch@universadvokater.dk if you would like assistance with your international contracts.
Not usually is the short answer!
As a general rule, it is not possible for foreigners to buy a holiday home in Denmark, and this applies regardless of whether you are an EU-citizen or not.
However, special permission can be obtained from the Ministry of Justice if the applicant has a particularly strong affiliation with Denmark. When assessing the applicants affiliation with Denmark, the Ministry of Justice will look at any prior periods of residence in Denmark, and any special family, business, cultural or economic connection to Denmark, as well as any special connection that the applicant has to the property that they wish to acquire.
Contact Ruth Caddock Hansen who will be happy to advise you if you are considering buying a holiday home in Denmark.
Whilst several restrictions apply to foreigners' purchases of real estate (including holiday homes) in Denmark, the same restrictions do not apply to the purchase of houseboats.
As a general rule, EU citizens are able to buy a houseboat in Denmark and use it as a holiday home. However, as always when buying a home, there are many factors that should be investigated before signing the purchase agreement.
We advise you to reserve the right to consult a Danish lawyer before finalising a purchase agreement (tage advokatforbehold).
Contact Ruth Caddock Hansen who will be happy to advise you if you are looking to buy a houseboat in Denmark.
The European Union Intellectual Property Office (EUIPO) launched a new electronic application form for EU trademarks on 1. August 2022, which EUIPO hopes will make the application process more user-friendly and efficient.
The new application form has a new design that provides better guidance and is more intuitive. Various new functions in the electronic application form should also help make the application process easier. For example, with the new application form it will be possible to import information from a previous EU trademark application or a national trademark application into the new EU trademark application. Changes to the search function should also make it easier to search for goods or services for the applicants product list.
Contact Ruth Caddock Hansen at rch@universadvokater.dk or Sofie Thøgersen at st@universadvokater.dk if you would like assistance with registering your businesss trademarks.
The Consumer Ombudsman has, in a press release dated 26 January 2023, reported that when a company makes a reservation of an amount on a consumer's bank account without consent, the Consumer Ombudsman considers this to be a violation of the Payment Act and good practice.
The Consumer Ombudsman has conducted investigations into a number of complaints concerning the reservation of amounts on consumer accounts. When a reservation of an amount on a consumer's account is made, the consumer loses control over the reserved amount for the period during which the reservation is maintained. This is a disposition over the consumer's money which requires an explicit agreement.
Amounts can be reserved when, for example, a consumer pays with international payment cards such as Visa and Mastercard at online stores, but not with a Dankort.
When buying on the internet, it is often not clear that when the consumer chooses to pay with an international payment card, the amount of the purchase will be reserved on their accounts until such time as the products are dispatched and the payment is actually made. In order to comply with the Payments Act, companies must ensure that consumers are aware that an amount is being reserved in connection with their order and accept the reservation.
The Consumer Ombudsman states that a number of companies that provide payment solutions for webshops have been informed about where information about the reservation of the purchase price can be placed in the ordering process, to ensure the consumers' acceptance of the reservation on their account until such time as the webshop sends the product and the payment is made.
If you would like to know more about how to comply with the consumer protection rules in the Payments Act etc., contact Ruth Caddock Hansen on 89 34 35 03 or at rch@universadvokater.dk. The first contact is always free of charge.
You can read more about the cases here: