The Danish Government’s legislative programme 2017/18‎

True to tradition, the Danish Government announced its legislative programme for the new parliamentary ‎year on the first Tuesday of October. The programme includes, among other initiatives, the long awaited ‎amendment of the Holiday Act and the new Data Protection Act.‎

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The Danish Government's legislative programme is a list of the bills which the Government expects to ‎introduce in the new parliamentary year. This year's programme includes new measures in the field of ‎labour and employment law, primarily a thorough amendment of the Holiday Act and two entirely new ‎measures – the much awaited Data Protection Bill and the Trade Secrets Bill. To this should be added a ‎number of amendments to the Working Environment Act, the Unemployment Insurance Act, the ‎Sickness Benefits Act and various other acts.‎

Below follows a quick overview of some of the measures within the field of labour and employment ‎law. As always, Norrbom Vinding will be following the measures closely and report on any ‎developments in our news service.‎

Bill to amend the Holiday Act
The Bill is intended to provide a simpler and more modern Holiday Act which is in compliance with ‎Denmark's international obligations. With effect from 2020, a simultaneous accrual and holiday year will ‎be introduced so that employees will accrue holiday in the period 1 September to 31 August of the ‎following year and the holiday accrued must then be taken in the period from 1 September to 31 ‎December of the following year. The purpose of the 16-month holiday year is to provide flexibility so ‎that it will still be possible under the new regime to save accrued holiday for the autumn or for ‎Christmas. ‎

Data Protection Bill
The Bill is intended as a general instrument to replace the current Data Processing Act, which dates back ‎to 2000. Supplementing the provisions of the General Data Protection Regulation, which will enter into ‎force on 25 May 2018, the Bill maintains and introduces supplementary national provisions on data ‎processing within the scope allowed by the GDPR for national discretion.‎

Trade Secrets Bill
The Bill is intended to implement the Trade Secrets Directive of the European Parliament and of the ‎Council from 2016. The new Act will define the meaning of trade secrets and specify the conduct that ‎will be considered sanctionable and the sanctions that will be available in case of breach.‎

Bill to amend the Working Environment Act
The legislative programme includes a number of initiatives that will require the Working Environment ‎Act to be amended. For one thing, the Danish Government is planning to amend the provisions on ‎working environment certificates. The certification scheme is managed by the Danish Working ‎Environment Authority and the purpose of the Bill is to strengthen the Authority's controls and powers ‎in that connection.‎

Bill to amend the Sickness Benefits Act
The purpose of the Bill is to amend the provisions governing employers' access to public sickness ‎benefits records and files, more specifically to prevent or restrict access to non-relevant information.‎

Bill to amend the Unemployment Insurance Act
In continuation of the new daily benefits scheme for employees, the Danish Government is planning to ‎continue the principles of the system to ensure greater harmonisation of the rules that apply to ‎employees and self-employed persons.‎

The above is only a brief summary of the initiatives – click here to see the full legislative programme for ‎‎2017/18 (in Danish)‎.

The content of the above is not, and should not be a substitute for legal advice.

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