Legislative agenda 2021/2022: Corporate crime, Investigations & Compliance ("CIC")

The biggest innovation lies in the proposed establishment of a national Special Crime Unit, joining together the most specialised police and prosecution competencies for combating economic and subversive crime. Of special relevance to the telecommunications sector is the expected revision of the rules governing providers’ duty to record and retain (log) data on telecommunications traffic for criminal investigation and prosecution purposes. In the financial sector, new criminal rules on management failure are expected, as well as a tightening-up of the rules on management’s liability in damages for decisions involving elements of conflicts of interest. The increasing impact of social media on our daily lives continues. It is worth noting in that regard that a bill proposing a new Act on the Regulation of Social Media is expected in February 2022. Under the coming Act social media providers may be punished by fines if failing to comply with their duties under the Act. 

Set out below, to facilitate an overview of the most interesting bills within the area, is a description of the relevant bills. We will continue to follow the bills closely. 

Act on the Danish Agency for Culture and Palaces’ control and supervision of COVID-19 compensation schemes, etc., within the area of the Ministry of Culture

Presented 6 October 2021, the bill aims to reduce the risk of cheating and fraud with compensation schemes, etc., paid by the Danish Agency for Culture and Palaces to mitigate the economic consequences of COVID-19. It will give the Agency the legal framework required for its control and supervisory functions in relation to the COVID-19 compensation schemes, etc. The adoption of the bill ensures greater alignment between the control possibilities of the Agency for Culture and Palaces and those of the Danish Business Authority in respect of COVID-19 compensation schemes. The bill is expected to take effect on 18 November 2021.

The bill was referred to The Cultural Affairs Committee (in Danish: Kulturudvalget) on the 1st Parliamentary hearing on 12 October 2021.

See more on the bill. (Danish only)

Amendments to the Danish Criminal Code, the Danish Administration of Justice Act, the Danish AML Act, and other Acts

Presented 6 October 2021, the bill seeks to introduce a series of initiatives in relation to police and prosecution finances for 2021-2023 under the December 2020 multiannual agreement. Of particular relevance is the proposed creation of a national Special Crime Unit, joining together highly specialised police and prosecution competencies to boost investigation and processing of criminal cases in which the crime i) is especially extensive; ii) is perpetrated as part of organised crime; iii) involves complex collaboration with foreign law enforcement agencies; iv) is perpetrated using special methods; or v) is of an otherwise particularly qualified nature. 

The bill also seeks to create a legal framework for a formalised operative collaboration between the police, other relevant authorities such as the Danish Financial Supervisory Authority, the Danish Business Authority, and the Central Customs and Tax Administration, and selected private-sector entities in, inter alia, the bank sector. The operative collaboration is intended to help fight and prevent money laundering and financing of terrorism, a cornerstone of the multiannual agreement of December 2020. One example of this is the proposed establishment of a fast-track procedure, imposing on banks a duty to freeze particularly suspicious transactions until the Money Laundering Secretariat has informed—by the end of the next banking day at the latest—if any seizure of funds is to be made. 

A Parliamentary 1st hearing of the bill is scheduled for 26 October 2021.

See more on the bill. (Danish only)

Amendment to the Danish Act on the Application of Certain European Union Acts on Economic Relations to Third Countries, etc.

Presented 6 October 2021, the bill seeks to amend the enabling act (in Danish: bemyndigelsesloven) occasioned by the dual-use regulation, which took effect 9 September 2021. 
The bill proposes punishment by a fine or imprisonment for up to two years for anyone who wilfully or in gross negligence exports without a licence from the Danish Business Authority cyber-surveillance items not featured on the list in Annex I to the dual-use regulation, where such item is or may be intended to be used, in full or in part, in connection with internal repression or the commission of serious violations of human rights and international humanitarian law.

The bill further proposes that the prohibition against technical assistance intended for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological, radiological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons, be repealed.

A Parliamentary 1st hearing of the bill is scheduled for 26 October 2021.

See more on the bill. (Danish only) 

Amendments to the Danish Parliamentary Elections Act, the Danish Act on Election of Danish Members to the European Parliament, and the Danish Act on Municipal and Regional Elections

Presented 6 October 2021, the bill proposes to make it illegal to pay for submission of voter’s declarations for candidates for Parliamentary elections and elections to the European Parliament or supporter’s signatures for candidates to Parliamentary, municipal and regional elections. The bill also seeks to authorise the fining of legal persons for, among other transgressions, systematically monitoring the casting of votes. 

A Parliamentary 1st hearing of the bill is scheduled for 28 October 2021.

See more on the bill. (Danish only) 

Amendments to the Danish Administration of Justice Act and the Danish Act on Electronic Communication Networks and Services

The bill proposes to revise the rules of the Administration of Justice Act governing providers’ duty to record and retain (log) data on telecommunications traffic for criminal investigation and prosecution purposes.

The bill is expected to be presented in November 2021.

Amendments to the Danish Financial Business Act, etc.

The bill proposes a series of initiatives regarding governance in financial businesses. It is expected, among other things, to introduce new criminal rules on management failure, as well as a tightening-up of the rules on management’s liability in damages for decisions involving elements of conflicts of interest. Also expected are new rules on the awarding of severance pay to managers of financial businesses and authorisation to lay down rules governing procedures for performing fit and proper approvals of managers and key persons in credit institutions, payment institutions, and e-money institutions.

The bill is expected to be presented in January 2022.

The Danish Act on the Regulation of Social Media

The bill proposes a national act regulating social media. It is expected to introduce clearer requirements for social media’s liability for illegal content on their platforms by calling for the establishing of reporting procedures and by requiring reasoned decisions on the removal or blocking of illegal content and time limits for taking down such content from the platforms. The bill is also expected to entitle users to have decisions by social media to preserve, block or take down reported content tried. Of particular relevance is also the proposal to impose on social media providers a duty to prepare transparency reports on their content moderation and to publish those reports. The bill proposes a penalty in the form of a fine for non-compliance.

The bill is expected to be presented in February 2022.    

Kromann Reumert’s comments

Kromann Reumert works actively and intensively with CIC. We help Danish and European groups of businesses undertaking internal investigations within all global compliance areas, i.e. AML, restrictive measures in relation to third countries, sanctions, and national and internal bribery.
Comprised of investigations specialists, our team has extensive experience in police and prosecution work and from countless cases and investigations made in recent years. 

See more on our structured approach to investigations, 'eKRim'. 

Read the Government’s full legislative agenda for 2021/2022. (Danish only)