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On 3 February 2026, the European Commission issued an opinion under Article 5(2) of Directive (EU) 2015/1535 regarding Denmark’s notified draft Act amending the Copyright Act (Introduction of performance protection and protection against digitally generated imitations, etc.) (Notification 2025/0654/DK). The draft Act introduces two new forms of copyright protection. The first is a general right under Section 73a against the making available to the public of realistic digitally generated imitations of personal characteristics without consent. The second is a related right under Section 65a, allowing performers to authorise or prohibit the making available to the public of realistic digitally generated imitations of their performances. However, the Commission raised concerns about the scope of the new related right and how it interacts with the harmonised reproduction and communication rights under EU copyright law. They also questioned the proposed 50-year term of protection after the performer’s death and the extension of the liability regime for online content-sharing service providers. Furthermore, the Commission stated that the draft Act should be aligned with Articles 3(60) and 50(4) of the Artificial Intelligence Act. They clarified that the presence of the labelling required under the Artificial Intelligence Act should not influence the assessment of resemblance, false appearance, or likelihood of confusion when determining whether a digitally generated imitation is protected. The Commission invited Denmark to review the draft Act to ensure alignment with EU copyright legislation and the Artificial Intelligence Act.
On 26 August 2025, the Danish Competition and Consumer Authority (KFST) required the merger between Uber International Holding BV and Greenfleet Holding A/S, the parent company of the Dantaxi companies, to be notified under the Competition Act, notwithstanding that the transaction had already been completed in May 2025. KFST applied for the first time the new rule, effective since 1 July 2024, permitting the Authority to require notification of mergers below the general turnover thresholds where there is a risk of significant impediment to effective competition. KFST determined that the combined annual turnover of the merging parties in Denmark exceeded DKK 50 million and identified risks to competition in the taxi services sector, particularly due to Uber’s cooperation agreement with Drivr Danmark, which provides customers with access to taxis via the Uber application. Before the merger, Dantaxi operated through its own application, but now also uses Uber’s platform. KFST instructed Uber and Dantaxi to submit a notification by 15 September 2025, after which the Authority will assess the merger under statutory merger control procedures, which may result in unconditional approval, approval with commitments, or prohibition. This procedure ensures that the competitive effects of the merger are examined in the same way as notifiable mergers, including consideration of whether the transaction creates or strengthens a dominant position or otherwise significantly impedes effective competition.
Last updated: 03/02/2026