Sports Law 2026 Comparisons

Last Updated March 26, 2026

Contributed By HortenDahl Law Firm

Law and Practice

Authors



HortenDahl Law Firm is a business-oriented full-service law firm located in Copenhagen, with four more offices in Denmark. Its 400 specialists provide legal advice to clients of all sizes, ranging from large corporations and government agencies to small and mid-sized businesses – locally, nationally and internationally. The firm has experienced increasing demand for commercial skills and legal understanding of the sport industry, and offers the necessary in-depth experience with sports and entertainment law. Notably, it has experienced an increase in demand for services within the specific regulations of sport (particularly football).

Legal Framework and Prohibited Substances

Doping can be a criminal offence in Denmark under the Danish Anti-Doping Act, which prohibits the manufacture, import, export, distribution and possession of specific doping substances (eg, anabolic steroids, testosterone, derivatives and growth hormones), unless they are prescribed by a doctor for medical treatment or used for scientific purposes. Violations of this regulation can result in fines or imprisonment for up to two years.

The use of substances prohibited by the World Anti-Doping Agency is strictly regulated within the governance of sports in Denmark. The Danish Anti-Doping Rules, enforced by Anti Doping Danmark in co-operation with the National Olympic Committee and Sports Confederation of Denmark (DIF), apply to all athletes competing at elite and competitive levels across various sports, including football.

Football players and clubs in Denmark must also adhere to FIFA’s Anti-Doping Regulations. In addition, national football regulations, including the standard player contract of the Danish Football Association (DBU), contain provisions mandating compliance with anti-doping rules.

Enforcement and Recent Cases

Disciplinary matters related to doping in Denmark are adjudicated by DIF’s Doping Tribunal. Athletes or clubs may appeal tribunal decisions to DIF’s Board of Appeal, which serves as the highest judicial authority within the Danish sports system. Further appeals may be brought before the Court of Arbitration for Sport (CAS).

Denmark has seen very few doping cases in professional football.

In 2024, a Danish badminton player was sanctioned with a 12-month suspension for three whereabouts failures. In 2025, DIF’s Doping Tribunal imposed a one-month suspension on another Danish league badminton player following an in-competition positive test for cannabis after a league match.

Legal Framework and Regulatory Measures

In Denmark, the regulation of match-fixing and related integrity issues falls under the jurisdiction of DIF, which has established the “Regulations on the Prohibition of the Manipulation of Sports Competitions and Similar Unethical Conduct”, aiming to protect the integrity of sports by preventing, addressing and sanctioning match-fixing and other forms of unethical conduct. These regulations apply to all sports under DIF’s governance.

Athletes found guilty of match-fixing can face severe sanctions, including exclusion from all organised sports activities in Denmark.

Whistle-Blower Mechanisms

The Danish Gambling Authority operates the whistle-blower hotline “stopmatchfixing”, providing a channel for reporting suspected match-fixing activities. In addition, DIF has established an Ethics Committee with an associated whistle-blower scheme based on governance recommendations.

Football-Specific Regulations

In addition to DIF’s general regulations, DBU introduced “Circular No 86” in 2014 to further regulate match-fixing in football and to serve as a supplement to Sections 7 and 27 of DIF’s regulations. It sets out specific obligations for players, coaches and officials regarding the prevention of match-fixing, including mandatory reporting and co-operation with investigations.

Enforcement and Recent Cases

Cases of match-fixing in Danish sports are handled by DIF’s integrity bodies, which have the authority to impose sanctions ranging from fines to lifetime bans from participation in organised sports.

Danish sports have not experienced many match-fixing scandals. In 2016, the Eastern High Court upheld a sentence of one year’s suspended imprisonment and a fine in Denmark’s first criminal match-fixing case, concerning the manipulation of two football matches in 2010.

Legal Framework and Regulation

The Danish Gambling Act has been adopted to protect individuals by ensuring that gambling is provided in a fair, responsible and transparent manner. For example, the provision of gambling services requires a licence to organise games where participation in the games is subject to the payment of a stake. Subject to meeting the conditions, such licence can be granted by the Danish Gambling Authority.

Betting is subject to compliance with the Gambling Act in Denmark, but sports governing bodies have adopted strict regulations to prevent conflicts of interest and protect the integrity of sports and competitions. DIF oversees betting restrictions under its regulations, which generally prohibit individuals involved in sports from placing bets that could compromise the integrity and fairness of the competitions.

Football-Specific Betting Regulations

In football, DBU Circular No 86 (2014) addresses betting-related concerns in line with UEFA’s integrity requirements. Under these rules, individuals covered by the regulations are prohibited from:

  • betting on competitions or tournaments in which they are directly or indirectly involved, including betting on their own team to win; and
  • abusing insider information by sharing details that could be exploited for betting purposes.

Football players and other individuals covered by the regulation are allowed to place bets on foreign leagues, such as the English Premier League, as long as they do not have a direct or indirect connection to the competition. Betting on Danish football matches is also permitted for football players that are not involved in the relevant tournament.

Proposed Restrictions on Betting Advertising

In December 2025, the Danish government introduced a bill proposing significant amendments to the Danish Gambling Act, aimed at strengthening consumer protection and reducing exposure to betting, particularly in connection with sports. If adopted as expected, the bill will implement measures that form part of a broad political agreement, including extensive restrictions on the marketing of betting services and a ban on gambling advertisements as follows:

  • in connection with live sports broadcasts (from ten minutes before the event starts until ten minutes after it ends);
  • in public transport; and
  • within a defined radius of schools and youth educational institutions.

Furthermore, the proposal seeks to:

  • limit the use of influencers and other so-called “authorities” in gambling marketing;
  • prohibit the appearance of persons under 25 years of age in gambling advertisements; and
  • ban commission-based remuneration models for affiliates linked to players’ gambling activity.

The proposal will also prohibit the display of live betting odds during sports events, including during breaks and within the broadcast itself (eg, on-screen live odds). The proposal does not, however, introduce a general ban on gambling sponsorships on matchday shirts or stadium advertising, such as pitch-side advertising, and there are currently no indications of a similar restriction as adopted by the Premier League in England.

Notable Cases

Betting-related suspensions in Danish football are relatively rare. However, in 2013, a Danish football player was suspended for 12 months and fined for betting on his own matches. In 2016, a Danish football coach was suspended for six months and fined after it was established that, while serving as head coach of a Danish league club, he had placed bets on matches in the competition in which his own club participated.

Disciplinary Proceedings in Danish Sports

Sports governing bodies in Denmark enforce disciplinary regulations covering anti-doping, betting and other integrity-related offences, as well as on-field misconduct. Athletes and other relevant individuals provide their contractual agreement to these regulations as a condition of participation in their respective sports.

Each sports federation under DIF must establish a disciplinary committee to handle breaches of its regulations. In football, this body is known as the DBU Disciplinary Body, and handles cases where there is a possible violation of the football regulations. It also handles protests from clubs regarding cards awarded or other matters based on the football regulations.

Decisions from these committees can be appealed to DIF’s Board of Appeal, which serves as the highest judicial authority within DIF-governed sports.

In addition, DIF has established specialised tribunals for cases concerning match-fixing, doping and exclusion from sports, which may also be appealed to DIF’s Board of Appeal.

Interaction With Ordinary Courts

Although sports governing bodies aim to resolve disputes internally, certain cases may also be subject to review by the ordinary courts if the matter is considered severe and, as such, is also subject to general law in Denmark. A notable example occurred in 2019 when a Danish ice hockey player was suspended for 17 games by the Danish Ice Hockey Union’s Disciplinary Committee for violent conduct during a match. Due to the severity of the incident, a criminal complaint was also submitted in this matter, and the player received a 20-day (suspended) prison sentence from the ordinary courts for violence.

International Sports Regulation

Danish football is also subject to UEFA’s regulatory framework, as outlined in Article 32 of UEFA’s statutes. UEFA’s dispute resolution system includes the Club Financial Control Body, which enforces financial regulations for clubs participating in European competitions. Sanctions for financial breaches can include fines, warnings or exclusion from UEFA tournaments.

At the international level, CAS serves as the ultimate arbitral tribunal for sports-related disputes. It handles both civil and disciplinary cases, including appeals against sanctions imposed by sports governing bodies.

Various commercial rights apply within the Danish sports industry, including regarding merchandising, ticket sales and hospitality packages.

Merchandising

Rights-holders, such as sports teams and federations, seek to capitalise on their brand equity through the sale of branded merchandise. Typically, these rights are commercialised via licensing agreements, allowing licensees or sub-licensees to design, manufacture and sell products incorporating the rights-holder’s intellectual property. In exchange, the rights-holder receives licensing fees and royalties based on sales. Trade mark law, the Danish Marketing Practices Act and contractual enforcement play a key role in preventing the unauthorised use of team logos, player likenesses and counterfeit merchandise.

The value and enforceability of merchandising rights have been confirmed through various cases in Denmark, such as the so-called Leo Vegas case, where the High Court found that the unauthorised commercial use of red and white jerseys resembling the Danish national team’s kit constituted a violation of the Danish Marketing Practices Act. On the other hand, in the 2024 Power case, the High Court found no infringement where the overall visual and commercial association with the national team was considered too weak. These cases illustrate that protection requires a sufficiently strong and direct association with the team’s protected identity.

Ticket Sales

Selling tickets to live events remains a fundamental revenue stream for sports organisations and clubs in Denmark. According to Danish law, clubs and event organisers are considered to hold exclusive rights to sell tickets directly to consumers through official platforms, and revenue from ticket sales can be particularly significant for teams that do not benefit from substantial broadcasting income.

Secondary Ticketing Platforms

The resale of tickets on secondary markets in Denmark is governed by the Act on the Resale of Tickets for Cultural and Sports Events, according to which it is illegal to resell tickets for a higher price than the original purchase price, unless an agreement with the event organiser is entered into. Violations of the act are punishable by fines. The act allows for the use of certain administrative fees in the resale price, but it explicitly prohibits profit-driven resale.

Hospitality

Hospitality packages represent a growing revenue stream for Danish sports venues and clubs, which are considered exclusive owners of the rights to offer premium experiences. More and more stadiums have incorporated hospitality facilities to generate additional income and provide high-end experiences for sponsors. There are even examples of third parties trying to ambush hospitality areas against payment to the third party. This may be a breach of the Danish Marketing Practices Act.

Commercial Use of Sponsorship in Danish Sports

Sponsorship plays a significant role in the Danish sports industry, with brands seeking to associate with athletes, clubs and federations to enhance visibility and market their products. Sportswear companies actively engage in sponsorship deals to ensure that high-profile athletes use their products. Sponsorship agreements are also prevalent in football, where clubs enter into significant financial partnerships.

Conversely, sports rights-holders seek to attract sponsorship investments by offering exclusivity, branding and networking opportunities, and marketing rights. Sponsorship agreements may include naming rights for stadiums, branding on team jerseys, advertising placements at events, access to players and other commercial rights. The financial growth of Danish sports is largely driven by major brands wishing to secure exclusive sponsorship rights.

Key Terms of Sponsorship Agreements

A sponsorship agreement should clearly define the rights and obligations of both the sponsor and the sponsored party (typically an athlete or club). In addition to standard contractual provisions, sponsorship agreements in Denmark must regulate the following:

  • limitations on the sponsor’s rights due to legal restrictions or other conditions, such as tournament participation rules;
  • VAT and tax considerations, as certain aspects of sponsorship agreements may be eligible for tax deductions; and
  • morality clauses, which have become increasingly important in sponsorship agreements and traditionally allow sponsors to terminate agreements if the sponsored athlete or club engages in conduct that may damage the sponsor’s reputation.

Conflicting Sponsorship Agreements

Sponsorship agreements must take into consideration potential conflicts at different levels.

  • Federations v clubs: federations generally hold primary sponsorship rights for tournaments, which clubs must respect. Violations, such as conflicting jersey sponsorships in DBU competitions, can lead to sanctions.
  • Clubs v players: athletes often have personal sponsorship deals that may conflict with their club’s commercial agreements. Such conflicts are typically managed contractually, including in DBU’s standard contract and the Football Collective Agreement.
  • Federations v players: national team sponsorships can conflict with individual player endorsements. A notable Danish example occurred once where top badminton players’ sponsorship deals with Kjeldsens Butter Cookies conflicted with the federation’s agreement with Danisa, which also produces cakes, leading to their temporary exclusion from the national team.

To mitigate such conflicts, DBU and the Players’ Association have entered into an agreement regarding the exploitation of commercial rights regulating personal and team sponsorship obligations. The agreement was renewed before the 2024 European Championship and remains in force up to and including the 2028 European Championship. It sets out sponsorship revenue-sharing arrangements and limitations on the players’ individual endorsements conflicting with DBU’s partners.

Economic Significance of Sports Broadcasting

Broadcasting rights play a crucial role in the commercial success of sports, with television networks and streaming platforms investing heavily in securing exclusive rights to major events. The rise of digital platforms and increased accessibility of live sports coverage have significantly expanded audience engagement, driving up the value of broadcasting rights.

Broadcasters generate revenue primarily through subscription fees and advertising. The demand for premium sports content has led to fierce competition among broadcasters. Sports federations and clubs benefit from this demand, as broadcasting rights revenue is often a significant part of their overall financial model.

Packaging and Commercialisation of Broadcasting Rights

Sports rights-holders in Denmark traditionally package broadcasting rights to maximise value and attract broadcaster investment. Rights are typically sold through competitive tender processes, with packages structured to offer exclusivity for premium content while maintaining accessibility through free-to-air sublicensing.

The Danish Superliga’s broadcasting rights have been sold in structured agreements covering multiple seasons.

At the same time, there is growing pressure on the traditional centralised model. Certain clubs have sought to distribute specific matches themselves. In 2025, Disney+ acquired the rights to show FC Midtjylland’s home matches in the Europa League qualification rounds. Similarly, F.C. Copenhagen has streamed its Champions League qualification home matches via its own platform, FCKTV.

Regulation of Sports Broadcasting

Despite its commercial nature, sports broadcasting is also considered a matter of public interest. The Audiovisual Media Services Directive (“AVMS Directive”) provides EU member states with the authority to ensure that major events remain accessible to the public.

In Denmark, this is reflected in the Danish Radio and Television Broadcasting Act, which empowers the Minister of Culture to prevent exclusive broadcasting rights from restricting public access to significant events.

A new executive order introducing a revised “sports list” has been proposed and published for consultation. The draft order designates the following events as being of major societal importance:

  • the Olympic Games (summer and winter) and the Paralympic Games (summer and winter);
  • Denmark’s football matches in the final tournaments and qualification rounds of the FIFA World Cup and the UEFA European Championship (men and women);
  • Denmark’s handball matches in the final tournaments and qualification rounds of the World and European Handball Championships (men and women); and
  • the Tour de France.

Under the proposal, exclusive rights to such events may not be exercised in a manner that prevents a significant part of the population from accessing them via free television, defined by a 60% monthly reach threshold. The order has not yet entered into force, but is expected to take effect on 1 June 2026.

Intellectual Property and Signal Rights

Broadcasting rights are separately protected by the Danish Copyright Act, which grants special protection to broadcasting signals. This ensures that unauthorised public screenings, such as those in commercial venues, require explicit permission from the broadcaster.

Beyond this separate signal protection, television broadcasts may qualify for general copyright protection under the Danish Copyright Act if they meet the required originality threshold as cinematographic works. However, broadcasting rights must also be considered in conjunction with event rights, requiring television providers to obtain consent from event organisers before distributing content to third parties.

Proprietary Rights and Event Protection

The legal protection of sports events in Denmark is based on general legal principles rather than specific statutory provisions. The Danish Supreme Court has established that event organisers can restrict others from commercial exploitation of their events, particularly in controlled environments such as stadiums. The ruling emphasised that football matches are private events, allowing the organiser to restrict access and the dissemination of match-related information, such as live scores. Once the match information has lawfully been made public, the event organiser cannot prevent third parties from further disseminating it.

Organisation and Management of Sports Events

Sports events in Denmark are typically governed by national federations under DIF. Federations have regulatory authority to organise tournaments, set participation rules, and enforce commercial policies. Clubs are responsible for staging individual matches but must comply with federation-imposed regulations.

In Danish football, the Superligaen A/S-model sets out a shared ownership of commercial rights, where clubs collectively manage the commercial aspects of the Danish Superliga.

Limitations on Commercial Exploitation

Federations impose strict regulations on how clubs and athletes can monetise sports events. For example:

  • the Danish Handball Federation regulates advertising on player kits through its Liga Regulations;
  • DBU enforces sponsorship rules via its sponsorship circular in Danish football; and
  • UEFA retains all commercial rights for tournaments such as the Champions League and the European Championship, limiting club and national team branding opportunities.

A key issue in sports event commercialisation is the redistribution of broadcasting and sponsorship revenue. While UEFA retains control over Champions League advertising rights, participating clubs receive financial compensation through participation fees and performance-based bonuses.

Duty of Care for Sports Event Organisers

Sports event organisers in Denmark are subject to a strict duty of care similar to that of property owners, as they exercise control over the venue and the safety of participants and spectators. Organisers are required to take necessary precautions to prevent injuries and to provide proper instructions to ensure safety.

If an organiser fails to take reasonable precautions and an injury occurs, the organiser can be held liable. However, if sufficient safety measures have been implemented, organisers are typically not liable for accidents that occur during the event.

Organisers often limit liability through disclaimers in ticketing terms and participation agreements. However, under Danish law, liability for gross negligence or wilful misconduct cannot be excluded. In addition, the Danish Consumer Contracts Act restricts unfair liability exclusions in consumer agreements.

Safety Measures Against Violence and Disorder

To prevent violence and disorder at sporting events, Danish law imposes strict security regulations on event organisers, including the following.

  • Crowd control and stadium safety: compliance with the Danish Building Act, the Danish Act on Safety at Certain Sporting Events and local municipal safety permits, ensuring proper exits, crowd management and emergency preparedness.
  • Hooliganism prevention: authorities maintain a national database of banned spectators, preventing access for individuals who have been involved in previous disturbances. In addition, Superliga clubs have been granted permission to use facial recognition technology at stadiums for the purpose of excluding banned individuals as a preventative measure against hooliganism. Clubs can be sanctioned under DBU’s disciplinary rules for fan misconduct, including failure to prevent or address discriminatory chants.
  • Law enforcement and private security: the Danish Police Act grants law enforcement the authority to intervene in stadium security, while clubs and event organisers must provide trained stewards to handle crowd control.

The corporate structures of sports organisations vary depending on their level of professionalism, commercial focus and governance model. While professional sports clubs increasingly operate as public limited companies (A/S), many non-professional clubs continue to be structured as associations.

Professional Sports Clubs

Most top-tier professional football clubs in Denmark operate under the public limited company (A/S) structure, allowing for external investment and commercial decision-making.

The club licence, which enables the club to enter into professional player contracts, is issued by DBU to the mother club – ie, the association. The association often owns a part of the professional football company and grants a licence to said company, whereby the latter can operate its business. Thus, the corporate structure now generally applied makes it possible for a potential investor to achieve a controlling interest in the club, making it possible to carry out the necessary decisions for the club.

International Investors

Within the last five years, there has been an increasingly strong interest from international investors targeting Danish football clubs. For example, international investors have become shareholders in AC Horsens, Brøndby IF, Aalborg Boldklub and Silkeborg IF.

Another interesting trend in Danish football is the introduction of multiple-club ownership, with some club owners also owning shares in football clubs in other countries – eg, FC Midtjylland (CD Mafra, Portugal) and Brøndby IF (Crystal Palace, England).

In November 2025, PARKEN Sport & Entertainment A/S, the parent company of F.C. Copenhagen, announced an investment in the Swedish football club Rosengård 1917.

Non-Professional Sports Clubs and Grassroots Organisations

Amateur and semi-professional sports clubs in Denmark are typically structured as associations, which are non-profit organisations controlled by their members. This structure ensures that profits are reinvested into the club rather than distributed to shareholders. Associations benefit from favourable tax treatment and access to public funding and grants.

Corporate governance rules in sports ensure financial transparency and prevent conflicts of interest. In Danish football, specific regulations govern ownership, compliance and multiple club control.

International Rules

Danish football clubs must adhere to the corporate governance regulations set out by FIFA and UEFA, ensuring compliance with international football governance standards. One key restriction is UEFA’s multiple club ownership rule (Article 5 of UEFA’s competition regulations), which prohibits an owner from holding controlling interests in multiple clubs participating in the same European tournament.

Domestic Corporate Governance Rules

In Denmark, the Danish League’s “Circular No 42” (the “Circular”) regulates ownership and governance in professional football clubs competing in the Superliga and lower divisions. This regulation ensures transparency in club ownership and prevents financial misconduct or conflicts of interest.

Under the Circular, any transfer of a significant influence (defined as one-third of voting rights) in a club requires prior approval from the Danish League before the club can obtain the contract licence (ie, the licence to enter into player contracts). Until the licence is granted, the club cannot enter into new player contracts.

To secure approval, clubs must submit documentation to the Danish League detailing:

  • the corporate structure of the new owner;
  • the new owner’s other business interests and affiliations; and
  • a statutory declaration confirming compliance with relevant collective agreements and football regulatory frameworks.

According to the Circular, the Danish League will refuse to issue the contract licence if the prospective owner or ultimate beneficial owner does not meet certain reputation and commercial requirements.

Restrictions on Multiple Club Ownership

The Circular also prohibits clubs from being owned by the same corporate group or under common control with another club in the competition. Among other penalties, violations of these ownership restrictions may result in a revocation of the club licence, effectively barring the club from operating as a professional football business.

In Denmark, sport is funded through a combination of public funding, lottery proceeds and commercial revenue streams, with football standing out as the most commercially driven sport. A significant share of public funding is channelled through DIF, which distributes state funds and lottery-based proceeds to national federations and grassroots sport. Team Denmark provides additional state-funded support for elite sport development, while municipalities contribute through subsidies.

Over the past five years, the financial position of Danish Superliga clubs has improved significantly, driven by major player transfers, increasing sponsorship revenue and a substantial rise in attendance.

The business model for the majority of Danish football clubs is to a wide extent based on the principle of talent development and the sale of talented players before they reach the peak of their footballing ability, with the sole purpose of cashing in on the player.

Registration and Protection of Trade Marks

Under the Danish Trademark Act, a trade mark right can be established through:

  • registration with the Danish Patent and Trademark Office (DKPTO), the EU Trade Mark (EUTM) system or the Madrid Protocol for international registration; or
  • use in commerce, where a trade mark gains recognition through substantial use in the market – this requires the mark to have been used in Denmark to an extent that is “more than locally limited”.

The granted protection is particularly relevant in the sports industry, where brand identity and commercial exploitation play a crucial role in financial success. Sports clubs, athletes and federations often register their names, logos and other branding elements to protect their commercial identity and prevent unauthorised use – eg, to protect the sale of merchandise, licensing and sponsorship deals.

Notable Legal Cases in Sports Trade Marks

In a March 2024 case regarding trade mark enforcement, the European Union Intellectual Property Office ruled in favour of Superligaen A/S against the breakaway European Super League’s attempt to register “The Super League” as a trade mark. The ruling found that the proposed name was too similar to “SUPERLIGA”.

Challenges in Trade Mark Protection

The typical challenge regarding trade mark protection in sports is the requirement of distinctiveness. This is generally not an issue for club and federation names, as distinctiveness can also be acquired through use and recognition.

Copyright Protection in Sport

The Danish Copyright Act protects literary and artistic works that meet the originality requirement. There is no registry for copyright in Denmark. Copyright protection arises automatically upon the creation of a qualifying work, and does not require any formal registration or publication.

Athletic performances are generally not eligible for copyright protection, as they do not constitute “works” within the frame of the Danish copyright law.

Under Section 65(1) of the Copyright Act, performing artists can receive independent protection for their performances if they involve the execution of a work. However, sports performances typically fail to meet this requirement, as they lack the necessary creative originality due to their reactive nature, as athletes’ movements are largely dictated by their opponents and game situations.

The Role of Copyright in Sports

Although athletic performances themselves are not protected, copyright plays a crucial role in sports, particularly in the following.

  • Logos and club branding: club logos and symbols may be protected as works of art if they reflect sufficient creative expression.
  • Support songs and anthems: many sports clubs have copyrighted chants, anthems and official music.
  • Broadcasting and TV rights: copyright significantly protects TV sports rights, particularly against illegal streaming and unauthorised reproduction.

In Denmark, the Eastern High Court ruled in 2020 that streaming football matches without authorisation infringed copyright, leading to a court-ordered blocking of illegal streaming services. The ruling sets a precedent for stronger copyright enforcement in sports broadcasting.

Database Rights in Sport

Under Section 71 of the Danish Copyright Act, database rights protect collections of data where a substantial investment has been made in obtaining, verifying or presenting the content. This protection grants database creators the exclusive right to control the extraction and reuse of data. In the sports industry, clubs and organisations compile extensive databases containing player statistics and match analytics. If these databases meet the substantial investment threshold, unauthorised use thereof may constitute an infringement.

Legal Recognition of Image Rights

Athletes have an exclusive right to commercially exploit their image rights – ie, to use their own name, likeness, voice and other personally identifiable characteristics. This protection is particularly relevant for high-profile athletes whose commercial value increases with public recognition.

In Denmark, the legal basis for the protection of image rights stems from general legal principles developed through case law and Section 3 of the Danish Marketing Practices Act. Remedies generally include injunctive relief and claims for compensation.

Proposed Statutory Protection Against Deepfakes

In addition to the existing protection under marketing law and case law, a legislative bill was proposed at the end of 2025 to address the unauthorised use of deepfakes. If adopted, a new Section 73 will be added to the Danish Copyright Act, prohibiting the communication to the public of realistic digitally generated imitations (“deepfakes”) of a natural person’s personal and physical characteristics, such as facial features, voice or appearance, without the individual’s consent.

A realistic sports-related scenario could involve an AI-generated video depicting a Superliga player criticising VAR or the referee after a match. If such a video were to go viral before the disciplinary process is completed, the proposed provision could provide a clear statutory basis for seeking an interim injunction to prevent further dissemination.

If adopted, this will strengthen the protection of athletes’ and other individuals’ image rights by providing a statutory basis to prevent the public dissemination of AI-generated content that exploits a person’s identity, irrespective of whether the use qualifies as traditional marketing or involves a protected work.

Imitations that clearly constitute caricature, satire, parody, pastiche, political or social criticism, or that are explicitly labelled as imitations, are not covered by the potential new protection.

Case Law on Image Rights Protection

Danish courts have consistently upheld the commercial protection of athletes’ image rights, particularly in cases where their name, image or likeness has been used for unauthorised marketing purposes.

Limits of Image Rights Protection

While athletes have strong commercial protection, image rights do not extend to objective publicity or journalistic use. Names and images may be legally used for editorial, news or journalistic purposes, provided there is no misleading commercial association.

However, blurred distinctions between marketing and editorial content, especially on social media platforms, have led to increased legal scrutiny in Denmark. Therefore, companies must carefully distinguish between genuine sports news and marketing initiatives using athletes’ names or images.

According to Danish case law, the awarded damages or compensation in cases concerning the unauthorised commercial use of image rights are relatively modest, as illustrated by the 2024 Bet365 judgment, where compensation was set at approximately DKK50,000 per infringing social media post.

General Transfer of Commercial Rights

Athletes can license or assign their IP rights through agreements with clubs, sponsors or third parties. This typically occurs through:

  • player contracts, where athletes grant clubs the right to use their name, image and likeness in club context for marketing and sponsorship purposes; or
  • sponsorship agreements, which allow companies to use the athlete’s image in their marketing campaigns under specified conditions.

Licensing Agreements Between Clubs and Athletes

Sports clubs rely heavily on commercialising player image rights to generate revenue through merchandising, sponsorships and promotions. The brand value of a club is often linked to its most well-known players, meaning that high-profile athletes can significantly increase a club’s commercial appeal.

In Danish football and handball, all player contracts must follow the federations’ standard contract templates, according to which image rights and exploitation thereof are regulated. All football player contracts must be approved by DBU, and any deviations from the standard provisions are subject to DBU approval, which as a rule will not be given.

Licensing and Image Rights Under DBU’s Standard Player Contract

The DBU standard player contract, which is subject to the Football Collective Agreement, contains a detailed regulation on clubs’ exploitation of players’ image rights. Therefore, a club has the right to use its player’s name, image and autograph in a club context in merchandising, marketing and sponsorship agreements, generally without separate remuneration.

The player retains the right to enter into personal sponsorship agreements, with certain restrictions – eg, the player cannot enter into sponsorship agreements with companies that compete with the club’s primary sponsors.

Restrictions on Extended Licensing Agreements

Danish clubs cannot negotiate separate or extended licensing agreements where players transfer additional IP/image rights to the club in exchange for compensation. This follows from the collective agreement applicable for football in Denmark, and DBU’s standard contract framework does not allow such deviations; DBU will reject any provisions that go beyond the standard template.

Use of Sports Data in Denmark

Sports data plays an increasingly central role in performance analysis, commercial strategies and security measures within Danish sports. Denmark is among the most video data-intensive sports nations, and Danish technology companies such as Veo are at the forefront of innovation. The collection and utilisation of athlete and spectator data enable sports bodies, clubs and private companies to enhance fan engagement, optimise training and improve security protocols at stadiums and events.

Commercialisation of Sports Data

The monetisation of sports data is rapidly growing, providing revenue streams for clubs, leagues and technology providers. Key areas where sports data is exploited include the following.

  • Performance analytics: clubs and national teams use biometric and GPS-based tracking systems to optimise training and injury prevention.
  • Fan engagement and digital marketing: clubs use spectator data from ticketing systems, social media and online interactions to tailor targeted marketing campaigns.
  • Sponsorship optimisation: brands use sports data analytics to measure the impact of sponsorship deals, ensuring maximum exposure and return on investment.

Collection and Use of Spectator Data in Football

Spectator data is utilised for security, ticketing and fan experience improvements. Clubs increasingly rely on apps and digital platforms to build fan communities and offer personalised experiences. For example, F.C. Copenhagen’s official app provides access to match statistics, live matches, highlights and exclusive behind-the-scenes video content featuring the first team.

Betting-related data and live statistical tools also play a growing role in fan interaction, allowing supporters to engage with predictive analytics and real-time performance insights during matches.

One of the most notable developments in Denmark is the recent approval of facial recognition technology for stadium security. In September 2025, the Danish Data Protection Agency granted a general authorisation to clubs in the Danish Superliga to use facial recognition technology during football matches in the 2025/2026 season. The authorisation was granted following a collective application submitted by the Danish League and is intended to support the enforcement of stadium bans and the prevention of disorder, including hooliganism and the use of pyrotechnics.

Prior to this general authorisation, individual approvals had already been granted to bigger Danish clubs, such as F.C. Copenhagen and Brøndby IF.

The authorisation is subject to strict conditions, including:

  • the immediate deletion of biometric data where no match is found with internal or police ban lists;
  • clear transparency and information obligations towards spectators; and
  • the requirement for each club to carry out a data protection impact assessment (DPIA) prior to implementation.

Application of Data Protection Laws in Sports

Sports data is subject to Danish data protection laws in the same way as any other form of personal data. The General Data Protection Regulation (GDPR) and the Danish Data Protection Act thus govern the collection, processing and sharing of sports-related personal data in Denmark.

The protected party is usually the athlete, and the protection usually concerns the athlete’s performance data and biometric data. However, all personal data is covered – eg, spectator data and identity.

Legal Basis for Processing Sports Data

Under the GDPR and the Danish Data Protection Act, it is illegal to process personal sports data without a valid legal basis. The most common legal bases include the following.

  • Consent: athletes may in some situations be able to provide explicit consent for their personal data to be used – eg, in performance tracking or commercial activities. Consents can be withdrawn at any time.
  • Contractual necessity: if necessary to fulfil a contract with the athlete, personal data may be processed by clubs, providers of IT services, etc.
  • Legitimate interest: where the interest of the processing entity does not outweigh the interests of the athlete in restricting access to personal data, legitimate interest may be used – eg, in processing marketing or ticketing data. This requires a balancing test against individual privacy rights and does not apply to sensitive data – eg, biometric and health data.

GDPR Compliance Obligations

Provided that a lawful basis exists, the processing entity must comply with key GDPR obligations, including the following, for example.

  • Basic principles for processing personal data: the processing must comply with the basic principles in Article 5 of the GDPR, including being processed lawfully, fairly and in a transparent manner, being collected and only processed for a specified purpose, and being limited to what is strictly necessary.
  • Individual rights: the persons having their data processed have individual rights, including that they can request the rectification and erasure of the processed data.
  • No automated decisions: the personal data may only be used for automated decisions under certain specific conditions – eg, the exclusion of fans from venues or the benching of players.
  • Only processing within the EU/EEA: the personal data may only be transferred outside of the EU/EEA under very specific conditions, which may severely restrict data sharing.
  • Internal governance system: all organisations handling personal data must have an adequate governance system to be able to document compliance with the GDPR.

Challenges and Legal Considerations

While sports data offers commercial and operational advantages, it also raises legal and ethical concerns, including the following.

  • Ownership of sports data: while clubs and leagues collect and store sports data, athletes retain certain rights under the GDPR, including access and control over accuracy.
  • Biometric data and privacy risks: the use of facial recognition and health tracking is very restricted and may require explicit consent.
  • Third-party data sharing: sports organisations must ensure GDPR-compliant agreements for international data transfers. This is not always observed, leading to illegal data sharing, especially outside of the EU/EEA.
  • Consent is not always valid: consent is usually used as a legal basis. However, for a consent to be valid, certain requirements must be fulfilled, which are not always observed – eg, that it must be freely given.

Enforcement and Sanctions

Non-compliance with the data protection regulation is subject to sanctions, including fines of up to 4% of the global revenue/EUR20 million and injunctions to stop the unlawful processing of data. Furthermore, individuals may seek compensation if their personal data is processed unlawfully.

Enforcement is handled by the Danish Data Protection Agency. However, under Danish law, fines are subject to criminal prosecution.

Jurisdiction of National Courts in Sports Disputes

In Denmark, the national courts primarily handle civil disputes related to property law, employment law and contractual matters in the sports industry. This includes breach of sponsorship contracts, disputes between clubs and players, conflicts between agents, and managerial disputes, such as the Kevin Magnussen case heard before the High Court in 2021. Similarly, Danish courts have ruled on the unauthorised commercial use of athletes’ image rights.

These disputes do not fall under disciplinary sports law and are typically adjudicated through ordinary courts or arbitration.

However, Danish sports governance emphasises resolving disputes within sports organisations before they reach the national courts. Sports federations require athletes, clubs and other stakeholders to exhaust internal dispute resolution mechanisms, such as the Football Arbitration Court, before seeking intervention from national courts or arbitration bodies.

Sports Federations and Internal Dispute Resolution

Danish sports organisations are structured under a hierarchical, association-based model, reflecting Denmark’s tradition of voluntary sports associations. Each sport’s governing body maintains its own internal disciplinary system, with decisions generally subject to appeal before DIF. Despite this internal structure, national courts may intervene if a dispute involves fundamental legal rights, such as employment protections, contract breaches or competition law violations.

Alternative Dispute Resolution in Danish Sports

Dispute resolution in Danish sports typically occurs within the internal mechanisms of sports federations, through national arbitration panels, or ultimately via CAS. Many sports contracts contain arbitration clauses that require disputes to be resolved outside the national courts, referring disputes to CAS or a national arbitration panel, ensuring specialised adjudication.

Football Arbitration Court

Under the Act of DBU, organisations, clubs, players, coaches, third parties, etc, must accept that certain disputes are settled by the Football Arbitration Court, which serves as the primary dispute resolution body for civil disputes between clubs and players or coaches within Danish football. It handles disputes related to:

  • employment and salary issues between players and clubs; and
  • sponsorship and commercial disputes affecting players.

The Football Arbitration Court does not have jurisdiction over international disputes, which remain under FIFA or CAS jurisdiction.

Use of Arbitration

Disciplinary disputes, such as those involving match-fixing, doping or spectator misconduct, are generally resolved within the internal disciplinary committees of the relevant sports federations.

The Role of CAS in Danish Sports

CAS plays a significant role in Denmark, particularly in international disputes and disciplinary appeals. Many Danish sport governing bodies have incorporated CAS arbitration clauses to ensure access to specialised sports adjudication.

Autonomy of Sports and the Role of Governing Bodies

Danish sports operate under the principle of sporting autonomy, meaning that federations have broad powers to regulate and enforce their own rules, including imposing disciplinary measures and financial sanctions. However, this autonomy is subject to Danish and EU law.

Appealing Decisions of Sports Governing Bodies

Disciplinary decisions issued by Danish federations, such as DBU or other national governing bodies, are first appealed internally within the sport’s dispute resolution system. DIF’s Board of Appeal serves as the highest instance in Danish sports governance, reviewing cases related to match-fixing, doping, child protection and general disciplinary matters. CAS serves as the ultimate arbitral tribunal for sports-related disputes.

As a general rule, disciplinary and financial sanctions imposed by these bodies are final within the sports arbitration system and may not be appealed to the ordinary courts.

Compliance With EU Trends in Sports Regulation

Denmark closely follows the legal trends established by the CJEU, particularly regarding competition law and the balance between sporting autonomy and legal oversight. While self-regulation remains the default approach, cases such as competition law challenges illustrate that Danish sports organisations must also comply with EU legal frameworks.

Notably, key provisions of FIFA’s Football Agent Regulations (FFAR) have been suspended worldwide by FIFA as it awaits the CJEU’s ruling on their compatibility with EU competition law. In Denmark, DBU implemented FFAR through Circular No 125, whereby FFAR and the principles were implemented to also apply for national transactions in Denmark. However, in line with the recommendations from FIFA, DBU has announced a temporary suspension of the most significant parts of the circular concerning football agents.

Employment Structure in Danish Football

Employment relationships between sports organisations and players are regulated by standardised contracts and collective agreements in Denmark.

In Danish football, player contracts must be entered into on the basis of the DBU standard player contract. The standard contract is determined in the collective agreement between the Danish League and the Players Association, currently the “Football Collective Agreement 2025 – 2030”. Deviations from the standard contract are only permitted where expressly allowed. While supplementary terms may be agreed, such terms must comply with the collective agreement and regulations.

Danish football does not operate with salary caps. Instead, wage structures are determined through individual negotiations between clubs and players, subject to the minimum salary requirements determined according to whether the player is employed on a full-time or part-time basis.

Employment Regulation for Players

The Danish Salaried Employees Act in general applies to employees having administrative jobs and responsibilities. It provides protection for employees in many aspects, such as mandatory minimum termination periods, protection against unfounded dismissals, etc.

This act is not suitable for the employment of football players, as the nature of the work performed does not fall within the scope of application. Anyhow, it is set out in the current Collective Agreement between the Danish League and the Players’ Association (2025–2030) that the act applies, except for the normal rules on termination as players may only be employed on non-terminable, fixed-term contracts.

Football players’ employment is governed by the DBU standard player contract and the Collective Agreement, and there is not much room for interpretation hereof.

Employees in the business of sports are also protected by other mandatory legislation, such as the Danish Holiday Act, which among other factors means that clubs must pay holiday allowances and pension contributions on performance-related bonuses.

Employment Regulation for Coaches

The Collective Agreement between the Danish League and the Players’ Association does not cover football coaches. However, coaches in football are often employed on fixed-term contracts, similar to players, which cannot be terminated for convenience by either party.

Sports coaches in Denmark are generally considered salaried employees under the Danish Salaried Employees Act, at least if they are head coaches entrusted with de facto management powers. This means that their employment is subject to statutory protections, including:

  • mandatory notice periods that cannot be contractually shortened or deviated from in disfavour of the coach;
  • the right to continued salary during notice periods, even if they are relieved of their duties; and
  • entitlement to compensation if dismissed unfairly or without just cause.

Dismissal and Severance Payments

In general, if a coach is dismissed before the expiry of the fixed term contract, the club remains liable to pay salary, albeit with a right for the club to set-off the coach’s salary from a new employment.

Coaches who are dismissed and placed on garden leave during the termination period cannot take up employment with competing clubs during their notice period, until the effective date of termination. To mitigate financial exposure, buyout clauses can be included, allowing the coach or another club to pay compensation for early contract termination.

Restrictions on the Number of Foreign Athletes in Competitions

As in other countries in the EU, governing bodies must comply with the principle of free movement of workers under Article 45 of the TFEU, among others. Reference is made to the Bosman ruling and the more recent Diarra case. In addition, clubs and leagues must comply with the Danish Anti-Discrimination Act, which prohibits discrimination on the labour market based on national origin, among other factors.

According to the Danish League’s Tournament Rules, clubs are subject to the so-called homegrown rules, according to which clubs must include at least eight homegrown players. Four players must have been developed by the club itself and four players must have been developed by another Danish club between the ages of 15 and 21.

Any regulation that directly or indirectly disadvantages players based on their nationality could be subject to legal scrutiny. However, as in EU law, the Danish Anti-Discrimination Act allows such indirect discrimination if it pursues a legitimate objective and is proportionate.

Visa and Work Permit Requirements

Athletes from EU/EEA countries and Switzerland can freely live and work in Denmark without the need for a visa or work permit. However, athletes from outside the EU/EEA must obtain a residence and work permit to play professionally in Denmark.

Women’s sports in Denmark have seen substantial progress, with increased investment, professionalisation and greater media exposure.

  • A new standard player contract came into force for women in the Danish league, negotiated by the Players’ Association and the Women’s Division Association. It includes:
    1. minimum wages;
    2. injury insurance financed by the club;
    3. employer-administered sports pension and pension savings; and
    4. new youth contracts, making it possible to combine education and elite football.
  • Equal pay for national teams: in 2025, DBU and the Players’ Association agreed to equal bonuses for the women’s and men’s teams in key areas, including in the UEFA Nations League and home qualification wins. This agreement reflects the rapid growth and increasing recognition of women’s football in Denmark.
  • Danish women’s football is attracting increased commercial interest, with top clubs securing major sponsorships.
  • Media rights: women’s football in Denmark has gained expanded media coverage, attracting greater investment in broadcasting and sponsorship.

Organisations Driving Development

Football has been a key driver of the growth in women’s sports, supported by DBU initiatives aimed at strengthening the women’s game. DBU has worked to enhance visibility and provide professional opportunities for female athletes.

The Danish Women’s Division Association (KDF) plays a pivotal role in advancing women’s football in Denmark. Representing elite clubs, KDF collaborates with DBU to improve marketing, league structures and the overall profile of women’s football.

Esports has experienced significant growth in Denmark, with the country establishing itself as one of the most developed esports markets globally. However, in recent years, the Danish esports sector has faced financial pressure, including reduced sponsorship revenue and organisational restructuring.

Governance and Institutional Framework

Esports is not recognised as an independent official sport by DIF. As a result, esports organisations do not benefit from direct DIF funding, and esports is not subject to DIF’s general governance framework.

However, DIF has adopted another approach to esports by integrating esports disciplines within existing member federations rather than recognising a dedicated esports federation. Examples include e-cycling under the Danish Cycling Union, and e-racing under the Danish Automobile Sports Union.

Alongside this, the national esports organisation, Esport Denmark, plays a central role in the development of esports, and receives public funding from the Danish Ministry of Culture.

Recent trends include the following.

  • Investment: Danish esports organisations have attracted significant investment, particularly in team infrastructure and talent development.
  • Professionalisation of contracts: there has been a shift towards structured player contracts, resembling traditional sports agreements.
  • Expansion of esports events: Denmark hosts large-scale esports events, reinforcing the country’s position as an esports hub.

Overview of the NFT Market

The NFT market in Denmark, as in many other jurisdictions, initially experienced a rapid rise, particularly in 2021 and early 2022, as clubs, athletes and brands sought to capitalise on digital assets. However, the market has since declined significantly, with many NFT collections losing their value.

Use of NFTs in Sports

Danish football clubs and brands have used NFTs in various ways, including licensing agreements with third-party platforms to create and sell NFTs featuring player images, match highlights or digital collectibles. However, NFT adoption has been most prevalent within esports, as the digital nature of the industry aligns naturally with blockchain-based assets.

Tax Treatment of NFTs in Denmark

In terms of risk regarding the use of NFTs, the Danish tax treatment should be taken into consideration. The Danish tax authorities have only provided limited guidance on the taxation and VAT obligations related to the issuance and trading of NFTs so far, specifically stating that the creation and sale of NFTs incur tax liability.

AI Regulation in Denmark

Denmark follows the broader European regulatory framework for AI, particularly the EU AI Act, which establishes risk-based categories for AI applications.

AI used in sports, such as performance analytics, injury prevention and tactical decision-making, generally falls into the lower-risk categories and is subject to compliance with data protection laws, including the GDPR. Certain use of performance analytics may be seen as high-risk, as it could affect the players’ work relationships. There are currently no Danish AI-specific regulations targeting sports, but general legal principles on data privacy, intellectual property and competition law apply.

Use of AI in Sports

AI has become a critical tool in Danish sports, particularly in the following.

  • Performance analytics: AI-driven tools analyse real-time data from wearables and video footage, offering insights into athlete movements, energy expenditure and injury risks.
  • Fan engagement: AI is being used in virtual assistants, personalised content delivery and predictive analytics to enhance fan experiences.
  • Refereeing and decision-making: AI-assisted video review technology is increasingly used to support fair play and reduce human error in officiating.

Major Danish sports organisations are investing in AI-driven solutions to optimise player performance and game strategies, following global trends in sports technology.

Opportunities and Risks

AI presents significant opportunities, as follows.

  • Enhanced performance optimisation: AI enables data-driven coaching and training programmes tailored to individual athletes.
  • Injury prevention: machine learning models can predict injury risks by analysing biomechanics and physiological data.
  • Commercialisation: AI-generated content and marketing insights create new revenue streams for clubs and sponsors.

However, there are also legal and ethical risks.

  • Data privacy and compliance: the use of biometric and health data requires strict adherence to the GDPR and other privacy laws.
  • Bias and fairness issues: AI models may produce biased results if trained on incomplete or unbalanced datasets, potentially impacting team selections and talent scouting.
  • Intellectual property concerns: AI-generated content, including automated commentary or predictive insights, raises questions about issues such as copyright ownership.

In the Danish sports industry, the metaverse remains largely experimental and, so far, there is nothing notable to report.

HortenDahl Law Firm

Philip Heymans Allé 7
2900 Hellerup
Denmark

+45 33 34 40 00

info@hortendahl.dk www.hortendahl.com
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Law and Practice in Denmark

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HortenDahl Law Firm is a business-oriented full-service law firm located in Copenhagen, with four more offices in Denmark. Its 400 specialists provide legal advice to clients of all sizes, ranging from large corporations and government agencies to small and mid-sized businesses – locally, nationally and internationally. The firm has experienced increasing demand for commercial skills and legal understanding of the sport industry, and offers the necessary in-depth experience with sports and entertainment law. Notably, it has experienced an increase in demand for services within the specific regulations of sport (particularly football).