﻿Order of the law on private registers m.v. (Register law)
Law no. 293 of 8. June 1978 on private registers m.v. with the amendments that result from Law No. 1999, No. 1999. 383 of 10. June 1987. The promulgated legislative text shall not apply in full until 1. april 1988.




Chapter 1
Scope of the law


§ 1. Registration involving personal data and using electronic data processing, and systematic registration involving data relating to the private or financial affairs of persons, institutions, associations or undertakings, or, in addition, information relating to personal matters which may be richly required from the public, may only take place in accordance with the rules laid down in Chapters 2, 2 a, 2 b, 2 c and 3.


Paragraph. 2. Personal data means information that can be attributed to specific persons, even if it requires knowledge of the personal identification number, registration number or similar special identifications.


§ 2. The Act does not cover registration which is carried out before a public authority or which is otherwise covered by the law on public authorities ' registers, CF. however, Chapter 5.


Paragraph. 2. The law does not cover registration for the sole purpose of personnel history studies or the publication of general reference works.


Paragraph. 3. The law does not include registration which takes place solely for scientific or statistical purposes. Registration for these purposes of information as mentioned in § 3, Para. 2, however, may only be done after prior notification to the registry office. The data protection supervisory authority may lay down detailed conditions for the register to protect the privacy of data subjects, including the consent of the data subject, the erasure and updating of data, and safeguards against misuse or disclosure of the register by unauthorised persons.


Paragraph. 4. In addition, the law does not cover computerised registers containing only source material (Legal Information Systems) which are part of the State Legal Information System and which are publicly available.


Paragraph. 5. The registry office may allow other legal information systems to be exempted, in whole or in part, from the provisions of the law, where this is considered inconceivable. The registry office may lay down conditions for the authorisation to protect the privacy of data subjects.


Chapter 2
Commercial enterprises m.v.


§ 3. Business enterprises, economic operators, institutions, associations and the like may only make registration as referred to in § 1 to the extent that the registration is a natural part of the normal operation of enterprises m.v. of the species concerned.


Paragraph. 2. Information on individuals ' purely private affairs, including information on race, religion and colour, on political, sexual and criminal matters, as well as information on health, significant social problems and abuse of pleasure and the like., may not be registered unless this is provided for by other legislation. However, registration may take place if the information has been provided by the person concerned himself or obtained with his consent and there are circumstances in which he must know that the information will be registered. Further, it is a condition that it is necessary for the company m.v. to be in possession of that information in order to enable the interests of the undertaking or of others to be properly safeguarded.


Paragraph. 3. The registry office may allow data to be recorded, irrespective of the conditions set out in Paragraph 1. 2 is not fulfilled when it is necessary for the company m.v. to be in possession of the information in question in order to enable the legitimate safeguarding of public or private interests, including those of the person concerned himself, which clearly exceeds those of the interests opposing registration.


Paragraph. 4. Records using electronic data processing and containing the information referred to in Paragraph 1 of this article; 2 may be established only after prior notification to the registry office. However, this does not apply to registers kept by associations and the like., to the extent that the registers only include information about the members of the association.


Paragraph. 5. The minister of Justice May, after obtaining the opinion of the Registry Authority, exempt certain types of registers as referred to in Paragraph 1. 4 from the notification obligation.


Paragraph. 6. The establishment of registers to warn others against business or employment relationships with a data subject may take place only with the prior permission of the registry office.


Paragraph. 7. Permission under paragraph. 6 can be conditionally bl.a. the fact that certain types of information are not recorded and that the register is wholly or partly subject to the rules laid down in Chapter 3.


Paragraph. 8. The minister for Justice May, after obtaining the opinion of the registry office, stipulate that specified registries shall be subject in whole or in part to the rules laid down in Chapter 3 and that certain types of information may not be included in those registries.


§ 4. Recorded information on individuals ' purely private affairs, including information on race, religion and colour, on political, sexual and criminal matters, as well as information on health, significant social problems and abuse of pleasure and the like., shall not be disclosed without the consent of the data subject or of the person acting on his or her behalf, unless otherwise provided by law. However, the registry office may allow the information referred to in 1. pkt. disclosed where disclosure is for the protection of public or private interests, including the interests of the person concerned himself, which clearly exceed the interests justifying secrecy.


Paragraph. 2. Other registered information may be disclosed without the consent of the data subject only to the extent that disclosure without such consent is a natural part of the normal operation of companies m.v. of the species concerned. However, information about matters that are more than 5 years old may not be disclosed without consent, unless it is evident that it is essential for the assessment of the fact to be clarified that the information is disclosed or the access to disclosure follows from other legislation.


Paragraph. 3. The provision of para. 2 shall not apply to transmission for scientific or statistical purposes only. For the same purposes, notwithstanding the provisions of Paragraph 1, Information on health conditions.


Paragraph. 4. The interconnection of registers of different undertakings using electronic data processing shall not take place. However, the same shall not apply to interconnections carried out for the purpose of updating information on names, addresses and the like.


Paragraph. 5. The registry office may grant permission for interconnection as referred to in Paragraph 1. 4, 1. pkt. when the conditions of § 4, para. 1-3, for the transmission of the data has been fulfilled and the interests of the interconnection must clearly exceed the interests of the data subjects and that the interconnection may take place has been notified to them. The registry office may lay down the terms and conditions for the authorisation, including the conditions for the use of the information resulting from the interconnection.


§ 4 a. Information about Social Security number may only be registered when the conditions in § 3, Para. 2, are met.


Paragraph. 2. Registered information about Social Security number may only be disclosed when the conditions in § 4, para. 2 is fulfilled and when disclosure is essential to ensure the unique identification of the data subject or the disclosure is required by a public authority.


§ 4 b. Companies shall not disclose registered consumer information to other companies for marketing purposes.


Paragraph. 2. Disclosure as referred to in paragraph. However, paragraph 1 may be done when the conditions of § 4 are met and the company wishing to disclose the information has given the data subject, at the beginning of the customer relationship or at a later date, clear written notice that the disclosure may take place and the data subject has given his or her explicit consent to the disclosure.


Paragraph. 3. Notification referred to in Paragraph 1 2 shall indicate the type of undertaking to which the information is intended.


§ 5. Refuses the company m.v. at the request of a data subject to delete or rectify information that is stated to be incorrect or misleading, or to delete information that may not be registered, or if the company has not responded within 4 weeks to a request from the data subject, the data subject may refer the matter to the registry office, which shall decide whether to delete or rectify.


Paragraph. 2. The registry office may require the entity to notify in writing the rectification to anyone who has received the information within the 6 months prior to the data subject's request to the entity. At the same time, the entity shall communicate to the data subject who has received notification after 1. pkt.


§ 6. In registers which use electronic data processing (computerised registers), information shall be deleted when, due to age or other reasons, it has lost its importance for the performance of the tasks of the register.


Paragraph. 2. Computer files used on an ongoing basis must be designed to allow the necessary updating of the information.


Paragraph. 3. Companies m.v. carry out the necessary checks to ensure that no false or misleading information is entered in a computer register. Information which proves incorrect or misleading shall be deleted or corrected as soon as possible.


Paragraph. 4. Appropriate safeguards shall be taken against the misuse or disclosure of information contained in a computerised register.


§ 7. The provisions of § 6, apply regardless of whether the register is subjected to electronic data processing abroad.


Chapter 2 a


Access by registered persons to information about themselves 


§ 7 a. Where electronic data processing is used at the time of registration, the undertaking m.v. at the request of a person, notify that person of what is recorded about him.


Paragraph. 2. The provision of para. Paragraph 1 shall not apply if the data subject's interest in obtaining the information is found to give way to decisive public or private interests, including those of the data subject himself. Where such considerations apply only to part of the information, the data subject shall be made aware of the other information.


Paragraph. 3. A person who has been notified under Paragraph 2 of art. 1, shall not be entitled to a new notification before 12 months after the last notification, unless the person concerned can demonstrate a particular interest therein.


§ 7 b. Companies m.v. must, On Request, give notice as referred to in § 7 a, para. 1, in writing.


Paragraph. 2. In the case of registers containing information on health conditions, information may be given in the form of an oral notification where essential considerations of the data subject so warrant.


Paragraph. 3. The minister of Justice establishes rules on payment for written notices.


§ 7 c. Companies m.v. must reply as soon as possible to applications as referred to in § 7 a, para. 1. If the application has not been answered within 4 weeks of receipt, the company must inform the person concerned in writing of the reasons for this.


Paragraph. 2. Declines the company m.v. the data subject's request pursuant to § 7 a (2). 1, see paragraph. 2, the entity shall at the same time inform the data subject of the right to refer the matter to the registry office.


§ 7 d. Decisions concerning the right to information under the provisions of sections 7A, 7B and 7C may be brought before the registry office.


§ 7 e. The provisions of §§ 7 a-d apply regardless of whether the register is subjected to electronic data processing abroad.


Chapter 2 b


Registration of phone numbers


§ 7 f. In companies m.v. do not automatically record which phone numbers have been made from the company's phones. However, registration may be subject to prior authorisation by the registry office in cases where decisive considerations of private or public interest so warrant. The registry office may lay down the terms and conditions for authorisation.


Paragraph. 2. The provisions of para. Paragraph 1 shall not apply if otherwise provided by law or with regard to the recording by the licensed telephone companies of the telephone numbers to which calls have been made, either for their own use for the purpose of collection of payment or for use in technical checks.


Chapter 2 c


Information registers of the press


§ 7 g. The law does not cover registers which use electronic data processing and which only contain information published in a periodic document.


Paragraph. 2. Registers as referred to in Paragraph 1 of art. 1 may be established only after prior notification to the registry office.


Paragraph. 3. The data protection supervisory authority may lay down detailed conditions for the register to protect the privacy of data subjects, including the consent of the data subject, the erasure and updating of data, and safeguards against misuse or disclosure of the register by unauthorised persons.


§ 7 h. Registered information as mentioned in § 7 g, para. 1, shall not be disclosed without the consent of the data subject or of the person acting on his or her behalf, unless otherwise provided by law or disclosure is in such a way that the information is published in a periodic manner.


§ 7 i. Companies m.v. shall, at the request of a person, communicate to that person what is recorded about him.


Paragraph. 2. The provisions of § 7 a, para. 3, and §§ 7 b - 7 e shall apply mutatis mutandis to applications as referred to in paragraph 3. 1.


Chapter 3
Reporting agencies


§ 8. Anyone wishing to conduct business with the registration of information for the assessment of financial soundness and creditworthiness for disclosure (Credit Information Agency) must, before the start of the business, make a notification to the registry office.


§ 9. Credit reference agencies may only record and disclose information which by its nature is of importance for the assessment of financial soundness and creditworthiness.


Paragraph. 2. Information as mentioned in § 3, Para. 2, may not be registered or disclosed.


Paragraph. 3. Information relating to non-creditworthiness, which is more than 5 years old, may not be recorded or disclosed unless it is evident in the individual case that the relationship is essential for the assessment of the financial soundness and creditworthiness of the person concerned.


§ 10. Credit reference agencies must, within 4 weeks of registration, notify the person who is first entered in the register with information other than name, address, occupation, occupation or information which appears in the Official Gazette or frt can be obtained from the business register. The notification shall include information on the data subject's access to information from the register in accordance with the provisions of § 11.


Paragraph. 2. The minister of Justice May, after obtaining the opinion of the Danish registry office, provide that other types of information may be registered without notification under Paragraph 2. 1.


§ 11. The Credit Information Agency shall at all times, at the request of the data subject within 4 weeks, communicate to the data subject the contents of the information and assessments communicated by the agency regarding the person concerned in the last 6 months and of the other information which the agency has on index cards, punch cards, magnetic tape or otherwise processed form at the time of the application, including available assessments of the person concerned.


Paragraph. 2. If the agency has any further material relating to the data subject, it shall at the same time be notified to the person concerned, who shall be informed of the nature of the material and of the fact that the data subject may have access to it by personal contact with the agency.


Paragraph. 3. The data subject may not require to be made aware of the source of the data, CF. however, § 14.


Paragraph. 4. The data subject may require the agency to give notice as referred to in Paragraph 1. 1 in writing. The minister of Justice establishes rules on payment for written notices.


§ 12. Information on financial soundness and creditworthiness may only be provided in writing, CF. however, § 11, para. 1 and 2. However, the agency may provide subscribers with summary information orally or in a similar manner, provided that the name and address of the questioner are recorded and kept for at least 6 months.


Paragraph. 2. Publications of credit reference agencies may contain information only in summary form and be distributed only to persons or companies subscribing to messages from the agency. Publications shall not contain information on the personal data of the data subjects.


Paragraph. 3. Summary information on matters of guilt may only be disclosed if the information comes from the Official Gazette or if the information relates to matters of guilt with the same creditor of more than DKK 1,000. and the creditor has acquired the data subject's written acknowledgement of a overdue debt or if legal action has been taken against the person concerned. However, information on final approved debt relief may not be disclosed.


Paragraph. 4. The disclosure of summary information on the guilt of individuals may only take place in such a way that the information cannot serve as a basis for the assessment of the financial soundness and creditworthiness of persons other than the individuals concerned.


§ 13. Any incorrect or misleading information or assessment must be deleted from the register or corrected as soon as possible.


§ 14. If any information or assessment which is incorrect or misleading has been disclosed in advance, the agency shall immediately inform the data subject in writing of the rectification and to all persons who have received the information or assessment within the 6 months prior to becoming aware of the situation. The data subject shall also be notified of who received the notification after 1. pkt. the source of the information or assessment.


§ 15. Enquiries from a data subject concerning deletion or rectification of information or assessments which are declared to be incorrect or misleading or concerning deletion of information which may not be registered or disclosed shall be answered in writing by the agency as soon as possible and within 4 weeks of receipt.


Paragraph. 2. If the agency refuses to carry out the deletion or rectification requested, the data subject may, within 4 weeks of receipt of the agency's reply or after the expiry of the period referred to in Paragraph 1, submit a request to the office. The period referred to in paragraph 1 shall refer the matter to the registry office, which shall decide whether to delete or rectify it. The provision of § 14 applies accordingly.


Paragraph. 3. The agency's response shall be in theIn the cases referred to in paragraph 2, indicate the right to refer the matter to the registry office and the time limit for such referral.


§ 16. The transfer or transfer of registers may only be made to a notified Credit Information Agency and must be notified to the registry office without undue delay.


Chapter 4
Addressing and envelope agencies


§ 17. Undertakings which sell addresses of groups of persons, institutions, associations or undertakings, or which, in respect of third parties, carry out enveloping or sending notices to such groups, may only register:


1. name, address, position, occupation and
2) information freely available from the business register.
Paragraph. 2. Information on individuals ' purely private affairs, including information on race, religion and colour, on political, sexual and criminal matters, as well as information on health, significant social problems and abuse of pleasure and the like., do not register. The minister of justice may provide for additional restrictions on access to record certain types of information.


§ 18. The bureau shall delete from its records any person who makes a written request.


Paragraph. 2. If the application is made to the person acting as consignor, the latter shall forward the application to the agency.


§ 19. Entrusts associations and similar lists of members to an agency for the purpose of sending notices to the association m.v., the agency may not without the association's consent pass on the membership list to third parties or use it for broadcasts of notices to third parties.


Chapter 5
Computer services agencies


§ 20. Companies which, for third parties, including for a public authority, carry out electronic data processing of the data referred to in § 1, must first make a notification to the registry office.


Paragraph. 2. The entity may not, without the consent of the owner of the Register, use the information received for purposes other than for the performance of the task to which the agreement relates, or have the information stored or processed by others or abroad.


Paragraph. 3. The entity shall take appropriate safeguards against misuse or disclosure of the information by unauthorised persons.


Chapter 6
Registration and electronic data processing abroad


§ 21. Information pursuant to § 3, Para. 2, may not be registered in this country, may not be collected for the purpose of registration abroad. Systematic collection of other information for the purpose of registration abroad may only be done with the permission of the Registry Authority, insofar as the registration in this country would require notification to the registry authority or permission under this law.


Paragraph. 2. Registers containing information as mentioned in § 3, Para. 2, may only be entrusted with electronic data processing abroad with the prior permission of the registry office. The same applies to the systematic collection of information as mentioned in § 3, Para. 2, for the purpose of electronic data processing abroad. The provision of 1. pkt. does not apply, however, if the register is located in this country only in order to be subject to electronic data processing.


Paragraph. 3. Permission under paragraph. Paragraphs 1 and 2 may be notified only when the data protection supervisory authority considers that the surrender will not lead to a significant deterioration in the protection of the data subject which the law aims to ensure.


Paragraph. 4. The minister of Justice May, in the performance of international agreements or in the promotion of international cooperation in regulating the type of activity covered by the law, provide that the provisions of Paragraph 1 of art. 1, 2. pkt., and paragraph 2 shall not apply in relation to specific other countries or certain types of registries. It may be determined only after obtaining the opinion of the data protection supervisory authority and if it would not result in a significant deterioration in the protection of the data subject which the law seeks to ensure.


Chapter 7
Supervision and punishment m.v.


§ 22. The registry office shall monitor that there is no violation of the law or any provision established pursuant to the law. The Supervisory Authority shall, of its own motion or following a complaint from a data subject, ensure that the Register has been established and used in accordance with the law and provisions laid down by the law.


Paragraph. 2. Supervision may require any information relevant to its activities, including the determination of whether a matter falls within the scope of the law.


Paragraph. 3. As regards the company, which is notifiable or covered by the provisions in § 3, stk. 6, § 21 or provisions established pursuant to § 3, Para. 8, the members and staff of the Supervisory Board shall, at all times, have access, without a court order, to all premises from which the register is administered or may be used, and to premises where the register or the technical means are stored or used, subject to appropriate identification.


§ 23. The Danish registry office may order that registration or disclosure which may not take place under this law shall cease and that existing records kept in contravention of the law or any order notified hereunder shall be deleted.


Paragraph. 2. The supervision may impose on an undertaking m.v. to delete or rectify any information which may not be registered or which is incorrect or misleading by the supervisory authority.


Paragraph. 3. The supervision may impose on a person or a company m.v. to delete or rectify information which has been registered before the entry into force of the law and which may not be registered under the law or which the supervision considers incorrect or misleading.


Paragraph. 4. The Supervisory Authority may, in exceptional cases, impose on an undertaking m.v. deleting data which, due to age or other reasons, have lost their significance for the performance of the tasks of the registry.


Paragraph. 5. The Supervisory Authority may prohibit the use of a specified procedure for the collection or transmission of information where the supervisory authority considers that such procedure carries a significant risk of false or misleading information being recorded or disclosed or of information which may not be recorded or disclosed.


Paragraph. 6. The Supervisory Authority may impose on the company m.v. to carry out specified control measures to ensure that no information is, or is, recorded or disclosed, that may not be recorded or disclosed, or that is incorrect or misleading, as well as measures to safeguard or prevent the data recorded from being misused or brought to the knowledge of unauthorised persons.


§ 24. The minister of Justice May, in order to comply with international agreements or to promote international cooperation in the control of activities covered by the law, lay down rules, inter alia:a. on the relationship of the registry supervisory authority with foreign supervisory authorities, on the obligation to notify, on the deletion of registers and on the fact that the provision of Article 22 (2) (B) of regulation (EU) no 1008/2013 is not applicable. 3, also applies to activities other than those mentioned in the provision.


§ 25. Decisions of the registry office under this law may not be brought before any other administrative authority.


§ 26. The Danish registry office may lay down rules on the form and content of notifications and applications in accordance with the law.


Paragraph. 2. The minister of justice may lay down rules on the payment of fee for notifications and permits under the law.


§ 27. Unless higher punishment is due under the other legislation, punishable by a fine or liable to the person who:


1) violates § 2, para. 3, § 3, stk. 2, 4 and 6, § 4, stk. 1, 1. pkt., paragraph. 2 and 4, § 4 a, § 4 (b), § 5, stk. 2, 2. pkt., § 6, § 7 a, § 7 b, para. 1-2, § 7 c, § 7f, § 7 g, para. 1 and 2, § 7 h, § 7 i, § § 8 and 9, § 10, Para. 1, § 11, para. 1, 2 and 4, § § 12-14, § 15, para. 1, PCs. 2, 2. pkt., and paragraph 3, § § 16-20 and § 21, para. 1 and 2.
(2) fails to comply with the registry office's decision under paragraph 5 (2). 1, § 7 d or § 15, para. 2, 1. pkt.,
3) fails to comply with the requirements of the registry office in accordance with § 22 (2). 2,
4) overrides terms as mentioned in § 2, para. 3, 3. pkt., or § 7 g, par. 3, or a condition or condition of a permit under the law or under regulations issued under the law; or
5. fails to comply with prohibitions or orders issued under the law or with regulations issued under the law.
Paragraph. 2. In regulations issued pursuant to the law, punishment of either a fine or liability for violation of provisions of the regulations may be provided.


Paragraph. 3. If an infringement is committed by a public limited company, cooperative or similar, liability for fines may be imposed on the company as such.


§ 26. The person who carries on or is engaged in the activities referred to in § 3, Para. 6, § 8 and § 20, may be denied the right to do so if the fact shown justifies an obvious danger of abuse. By the way, paragraph 79 of the Criminal Code of the Russian Federation. 1, 3. pkt., and PCs. 2 and 3, application.


Chapter 8
Entry into force and transitional provisions


§ 29. The law comes into force on 1. January 1979.


Paragraph. 2. The provisions of Article 1 (1) (C) 1, no 3, of law no. 63 of 3. March 1948 on the provision of legal services and the collection and Detective activities m.v. repealed.


§ 30. In the case of computer registers put into service before the entry into force of the law, the provision of § 6 shall not take effect until 1 year after the entry into force of the law.


Paragraph. 2. Credit reference agencies that exist at the date of entry into force of the act and companies that, at the date of entry into force of the act, carry out electronic data processing for third parties as referred to in § 20 must submit notification no later than 3 months after the date of entry into force of the act.


Paragraph. 3. In relation to persons and companies m.v. who, upon entry into force of the law, are registered in a Credit Information Agency, the rule of § 10 Para. 1, for the first time after the entry into force of the law, information is recorded about which notification must be made.


Paragraph. 4. An undertaking which, upon the entry into force of the act, carries out registration as referred to in § 3, Para. 3, and the person who carries on the activities referred to in paragraph 21 (2). 1 and 2, must submit an application for authorization within 3 months of the entry into force of the act.


§ 31. The law does not apply to the Faroe Islands.
§ Section 3 and 4 of Act no. The federal law no 383 of 10 June 1987 provides for the following provisions:


»§ 3


The law comes into force on 1. april 1988.


Paragraph. 2. Notification of registers as mentioned in § 1, no. 3 and no 5 (§ 2 para. 3, and § 3, Para. (4) and in paragraph 7g (par. 1, as inserted by § 1, nr. 10, put into service before the entry into force of the law, must be done no later than 6 months after the entry into force of the law.


Paragraph. 3


§ 4


Paragraph. 1. § 1 does not apply to the Faroe Islands and Greenland.


Paragraph. 2


Ministry of justice, 2. October 1987