Yes, two-party consent recording is legal in Denmark, but only under strict conditions outlined in the Danish Penal Code and GDPR-compliant data protection rules. Consent from all parties is mandatory for recording private conversations, with violations carrying penalties up to 6 months imprisonment or fines. The Danish Data Protection Agency (Datatilsynet) enforces these rules, particularly under the 2026 amendments to the Danish Criminal Code, which clarify electronic surveillance boundaries.
Key Regulations for Two-Party Consent Recording in Denmark
- Explicit Consent Requirement: Section 263 of the Danish Penal Code mandates prior consent from all parties before recording private communications, including in-person and electronic exchanges. Implied consent does not suffice.
- GDPR Alignment: Recordings containing personal data must comply with GDPR, requiring lawful basis (e.g., consent) and data minimization. The Danish Data Protection Agency (DPA) audits compliance, especially for corporate use.
- Public vs. Private Context: Recordings in public spaces where privacy expectations are low (e.g., streets) may avoid consent requirements, but workplace or private meetings always require it. The DPA’s 2025 guidance on “legitimate interest” claims remains restrictive.
Failure to adhere risks criminal prosecution under §263 or administrative fines up to 4% of global turnover (GDPR). Exceptions exist for law enforcement under court order, but private entities lack such latitude. Always document consent explicitly to mitigate liability.