Denmark retables AI Act with fines, market powers, registration duty

Providers, deployers, importers, distributors and authorised representatives placing or using AI systems in Denmark face a new national enforcement setup under Lov om supplerende bestemmelser til forordningen om kunstig intelligens (AI-loven), tabled as bill L 3 on 7 October 2026 by the research, education and digitalisation ministerRetsinformation. The bill supplements Regulation (EU) 2024/1689Retsinformation and repeals the existing supplementary act, lov nr. 467 of 14 May 2025Retsinformation.

The research, education and digitalisation minister designates, after negotiation with the competent minister, which authorities act as national competent authority, including as notifying authority under Article 28(1) and as market surveillance authority under Article 70(1) of the AI Regulation. Digitaliseringsstyrelsen becomes the central contact point under Article 70(2)Retsinformation and coordinates cooperation between the market surveillance authorities. Domstolsstyrelsen is the market surveillance authority for the courts' use of AI systems where the courts do not act in their judicial capacity; for other court uses, decisions are taken by the court concerned with appeal to a higher court within four weeks. Decisions of the national competent authorities cannot be brought before another administrative authority.

Market surveillance authorities can demand all information needed for supervision from persons covered by Article 2(1)(a)-(f), order a non-compliant operator to warn users, remedy the breach, stop marketing or making the system available, withdraw it or recall it from users within a set time limit, and act directly where the operator cannot be located or does not comply. Where an AI system poses a risk they can issue a temporary ban on its supply, marketing, display or other making available, no longer than necessary for control measures. They can sample AI systems for checks, including under hidden identity, enter all business premises on due identification and without a court order where necessary, and order online-interface owners to change, remove or warn against content referring to a non-compliant system, with court-ordered blocking if ignored. Trade secrets may only be disclosed where necessary to protect the fundamental rights in the EU Charter.

AI systems intended as safety components in the administration and operation of critical digital infrastructure, road traffic or the supply of water, gas, heating and electricity must be registered with Digitaliseringsstyrelsen under Article 49(5)Retsinformation. The minister lays down rules on reporting serious incidents under Article 73 and on complaints for breaches under Article 85, except for the courts' own uses.

Breach of the prohibitions on forbidden AI practices, of the duties of providers, authorised representatives, importers, distributors and deployers, of the transparency duties, of misclassification of a high-risk system as non-high-risk, of giving incorrect or misleading information to notified bodies or authorities, of failing to supply information, obey orders or temporary bans, or of denying premises access or obstructing technical examinations is punishable by fine unless a higher penalty applies under other legislationRetsinformation. Companies face liability under chapter 5 of the Criminal Code, the limitation period is five years, and designated cases can be settled by fine notice where the offender admits the breach and pays within the stated limit.

The act enters into force the day after promulgation in Lovtidende and does not apply to the Faroe Islands or Greenland. Legal basis: Forslag til Lov om supplerende bestemmelser til forordningen om kunstig intelligens (AI-loven) (L 3), supplementing Regulation (EU) 2024/1689.