Legal Framework and Prohibited Substances

Doping can be a criminal offence in Denmark under the Danish Anti-Doping Act. The act 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 these provisions 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 Denmark 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. Additionally, national football regulations, including the Danish Football Association’s (DBU) standard player contract, contain provisions mandating compliance with anti-doping rules.

National Anti-Doping Organisation

Anti-Doping Denmark is the designated national authority responsible for implementing the World Anti-Doping Code. Its primary role is to ensure compliance with international and national anti-doping regulations through testing, prevention efforts, and education.

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. One notable case occurred in 2009, when a Danish football player received a six-month ban from all football activities following a ruling by CAS due to the use of asthma medication.

Legal Framework and Regulatory Measures

In Denmark, the regulation of match-fixing and related integrity issues falls under the jurisdiction of the National Olympic Committee and Sports Confederation of Denmark (DIF). DIF has established the “Regulations on the Prohibition of the Manipulation of Sports Competitions and Similar Unethical Conduct”, which aim 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.

Football-Specific Regulations

In addition to DIF’s general regulations, the Danish Football Association (DBU) introduced “Circular No. 86” in 2014 to further regulate match-fixing in football. This circular was implemented in response to UEFA’s integrity requirements and serves 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.

While Denmark has not experienced widespread match-fixing scandals in recent years, the regulatory framework ensures continuous monitoring and enforcement efforts to uphold the integrity of sports competitions.

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, providers of gambling services require a licence to organise games where participation in the games is subject to the payment of a stake. Such licences may be granted by the Danish Gambling Authority, provided the specified conditions are met.

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 the sports and the competitions. DIF oversees betting restrictions under its “Regulations on the Prohibition of the Manipulation of Sports Competitions and Similar Unethical Conduct”. These rules, in general, prohibit individuals involved in sports from placing bets that could compromise the fairness and integrity of the competitions.

Football-Specific Betting Regulations

In football, the DBU introduced “Circular No. 86” in 2014 to address betting-related concerns in line with UEFA’s integrity requirements. This circular supplements DIF’s regulations and applies to players, coaches, referees, club employees, and player agents.

Under these rules, individuals contemplated 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 contemplated by the regulation are allowed to place bets on foreign leagues, such as the English Premier League or German Bundesliga, as long as they do not have a direct or indirect connection to the competition. Betting on Danish football matches is also permitted for a football player, provided the football player is not involved in the relevant tournament.

Enforcement and Notable Cases

Betting-related suspensions in Danish football are relatively rare. However, in 2013, a Danish football player was suspended for six months and fined by the DBU Disciplinary Body for betting on his own matches. An additional six-month suspension was later imposed as a supplementary sanction.

To ensure compliance, DBU and DIF collaborate with international organisations such as UEFA and FIFA, as well as betting operators, to monitor irregular betting patterns and uphold the integrity of Danish football.

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. The DBU Disciplinary Body handles cases where there is a possible violation of the football regulations issued by either the DBU, the Danish League or FIFA. The DBU Disciplinary Body also handles protests from clubs regarding cards awarded, incorrect application of the football regulations 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.

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

On-Field v Off-Field Offences

A distinction is made between disciplinary proceedings for on-field and off-field offences in Denmark:

• On-Field Offences: Sports organisations generally have broad discretion to resolve these matters quickly without external intervention. Sanctions, such as suspensions or fines, are typically imposed by a federation’s disciplinary committee.
• Off-Field Offences: More complex integrity issues, including doping and betting violations, require thorough investigations and longer procedural timelines. These cases are adjudicated by the relevant disciplinary bodies and may be appealed to DIF’s Board of Appeal or, in some cases, the Court of Arbitration for Sport (CAS).

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. 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 a specialised tribunal, 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, the Court of Arbitration for Sport (CAS) serves as the ultimate arbitral tribunal for sports-related disputes. CAS handles both civil and disciplinary cases, including appeals against sanctions imposed by sports governing bodies.

Various commercial rights apply within the Danish sports industry. These include merchandising, ticket sales and hospitality packages (whereas the latter may not be considered a legal right).

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 unauthorised use of team logos, player likenesses, and counterfeit merchandise.

The value and enforceability of merchandising rights has been confirmed through various case law in Denmark. For instance, in the so-called Leo Vegas case, 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.

Ticket Sales

Selling tickets to live events remains a key revenue stream for sports organisations in Denmark. Clubs and event organisers 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. The impact of the COVID-19 pandemic demonstrated the financial importance of matchday revenue, as restrictions on fan attendance led to considerable losses for clubs and federations.

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. The act allows for the use of certain administrative fees in the resale price, but it explicitly prohibits profit-driven resale.

To combat illegal ticket scalping, event organisers monitor online resale platforms and enforce contractual restrictions to limit unauthorised transactions. Some sports organisations also implement personalised ticketing systems to track sales and prevent illicit resales. While the Danish act does not ban secondary ticket sales outright, it ensures transparency and protects consumers from excessive markups.

Hospitality

Hospitality packages represent a growing revenue stream for Danish sports venues, offering premium experiences such as VIP seating, exclusive lounge access, fine dining, and meet-and-greet opportunities with players. More and more stadiums and arenas have incorporated hospitality facilities to generate additional income and provide high-end experiences for corporate clients and sponsors. There have even been instances where third parties have attempted to exploit hospitality areas by charging fees for access. 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. Apparel and sportswear companies such as Nike, Adidas, and Puma 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, including deals with betting companies, technology firms, and financial institutions.

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 and access to player 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.

Morality Clauses

With the rise of social media, morality clauses have become increasingly important in sponsorship agreements. Traditionally, these clauses 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, the DBU and the Players’ Association entered into an agreement regarding exploitation of commercial rights regulating personal and team sponsorship obligations. The agreement was renewed before the 2024 European Championship and 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, pay-per-view models, and advertising. The demand for premium sports content has led to fierce competition among broadcasters, particularly for high-profile events such as the Danish Superliga and international football tournaments. 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.

Exclusive rights remain a key driver of broadcaster competition, ensuring that subscribers are drawn to a particular service. For example, the Danish Superliga’s broadcasting rights have been sold in structured agreements covering multiple seasons, ensuring stable revenue for clubs while allowing broadcasters to plan long-term content strategies.

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. However, this provision is currently inactive following the repeal of the ministerial order that previously enforced it.

Furthermore, under the act, broadcasters holding exclusive rights to events of significant public interest must allow other European Economic Area (EEA) broadcasters to use short excerpts. This implementation of Article 15 of the AVMS Directive ensures that highlights from exclusive broadcasts remain accessible to the wider public.

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 (club or club associations) to restrict and regulate access and the dissemination of match-related information, such as live scores.

The scope of the event protection has been further defined in the so-called Bold.dk case, where it is stated that once match information has been lawfully public, the event organiser cannot prevent third parties from further disseminating it.

Control Over Event Rights

Sports event organisers control rights primarily through:

• Access Regulation: Organisers control venue entry and can impose conditions on ticket holders, media, and commercial partners.
• Broadcasting and Media Rights: Exclusive broadcasting agreements allow rights-holders to commercialise event coverage while limiting unauthorised use of footage.
• Sponsorship and Advertising Restrictions: Federations impose regulations on branding, advertising, and promotional activities to protect commercial agreements.

A notable example of strict enforcement occurred in 2012 when Danish footballer Nicklas Bendtner was fined EUR100,000 and suspended for displaying unauthorised branding on his underwear during a UEFA European Championship match.

Organisation and Management of Sports Events

Sports events in Denmark are typically governed by national federations under the National Olympic Committee and 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.
• The DBU enforces sponsorship rules via its sponsorship circular in Danish football.
• 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 provide proper instructions to ensure safety.

The general culpa principle under Danish tort law also applies to event organisers – ie, 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 and communicated, organisers are typically not liable for accidents that occur during the event.

Limitation and Exclusion of Liability

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. Liability waivers for participants in high-risk sports, such as extreme sports or contact sports, may be upheld if they clearly inform participants of inherent dangers. Courts may, however, assess such waivers restrictively, particularly if safety instructions were inadequate.

Additionally, the Danish Consumer Contracts Act restricts unfair liability exclusions in consumer agreements, meaning that ticket holders and spectators cannot be deprived of fundamental legal protections.

Safety Measures Against Violence and Disorder

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

• Crowd Control and Stadium Safety: Organisers must comply 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 involved in previous disturbances. Clubs can be sanctioned under the DBU’s disciplinary rules for fan misconduct, including failure to prevent or address discriminatory or racist chants, leading to fines or other liabilities.
• Alcohol and Pyrotechnics Restrictions: The use of flares and fireworks is strictly regulated, and violations can result in criminal prosecution and stadium bans.
• 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 remain 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 the DBU to the mother club – ie, the association. The association often owns a part of the professional football company (but it is not a legal requirement) and the association grants the club licence to the professional 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 in the club.

Danish clubs in general are today structured as professional enterprises aiming to make profit.

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, making this model suitable for grassroots sports and community engagement.

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 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.

Suitability Criteria for Ownership Approval

According to the Circular, the Danish League will refuse to issue the contract licence if the prospective owner or ultimate beneficial owner does meet certain criteria regarding 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 as further specified in the Circular. Violations of these ownership restrictions may, among other things, result in a revocation of the club licence, effectively barring the club from operating as a professional football business.

In Denmark, the funding of sports varies depending on the discipline, with football standing out as the most commercially driven and financially demanding sport.

Over the past six 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. In the financial year of 2023 the clubs, FC Copenhagen, FC Midtjylland, Silkeborg, AGF, FC Nordsjælland, Viborg, and Randers, jointly generated a profit of EUR100 million (approximately DKK747 million).

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. 

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

Simultaneously, there has been a notable trend of frequent change of ownership among Danish football clubs. Most recently, Sønderjyske and Vejle have reverted to local ownership, reflecting a broader shift in the structural and financial landscape of Danish football clubs.

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

Registration and Protection of Trade Marks

Under the Danish Trademark Act, a trade mark right can be established either 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 that the mark has 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

A recent case regarding trade mark enforcement occurred in March 2024, where 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.

For example, names such as FC København or Lyngby Boldklub possess sufficient distinctiveness. Even though these names may be considered somewhat descriptive, they have, over time, become sufficiently established to warrant protection.

While club and federation names often qualify for protection due to their inherent or acquired distinctiveness, slogans and generic terms face greater hurdles in registration.

Copyright Protection in Sport

The Danish Copyright Act protects literary and artistic works that meet the originality requirement. However, athletic performances are generally not eligible for copyright protection, as they do not constitute “works” in a legal sense.

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:

• 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, fitness data, scouting reports, and match analytics. If these databases meet the substantial investment threshold, unauthorised use 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.

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 unauthorised commercial use of image rights, are relatively modest.

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; and
• 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 hereof are regulated. All football player contracts must be approved by the 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 the clubs’ exploitation of the players’ image rights. Thus, the club has the right to use the 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, that 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. DBU’s standard contract framework does not allow such deviations, and 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. 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:

• Performance Analytics: Clubs and national teams use biometric and GPS-based tracking systems to optimise training and prevent injury.
• Betting and Sports Media: Betting operators rely on real-time match statistics and predictive analytics, with data providers such as Sportradar partnering with Danish sports leagues.
• Fan Engagement and Digital Marketing: Clubs use spectator data from ticketing systems, social media, and online interactions to tailor targeted marketing campaigns.
• Wearable and Biometric Technologies: Devices such as GPS vests, heart rate monitors, and motion sensors are commonly used in football, handball, and cycling to monitor physical performance.
• 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. One of the most notable developments in Denmark is the recent approval of facial recognition technology for stadium security.

In early 2025, the Danish Data Protection Agency granted the Danish football club F.C. Copenhagen (FCK) approval to use facial recognition technology at Parken Stadium. The system aims to enhance security and enforce stadium bans, particularly in response to violent hooliganism incidents and the use of pyrotechnics.

Key conditions of the Danish Data Protection Agency’s approval include:

• Limited Scope: The technology is restricted to FCK’s home and away matches, including UEFA fixtures. It does not extend to concerts or national team matches.
• Data Storage and Deletion: Images not resulting in a match with internal or police ban lists must be deleted immediately.
• Transparency Obligations: FCK must inform spectators through signage and stadium announcements.

This decision follows a similar approval granted to the football club Brøndby IF in 2023, signalling a broader trend towards AI-driven security measures in Danish club football.

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 it 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:

• 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, for example, 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, such as biometric or health data.

GDPR Compliance Obligations

Provided that a lawful basis exists, the processing entity must comply with key GDPR obligations, including:

• Basic Principles for Processing Personal Data: The processing must comply with the basic principles in Article 5 of the GDPR. This requires, inter alia, that data is processed lawfully, fairly, and transparently. It should be collected and used solely for a specified purpose, with only the minimum data necessary for that purpose being processed. The data must be kept accurate and up to date, retained only for as long as is strictly necessary for the purpose, and deleted as soon as possible. Furthermore, personal data must be processed in a manner that ensures appropriate security of the personal data.
• Individual Rights: The persons having their data processed have individual rights. These include, for example, that they must be informed of certain aspects of the processing up front, they can request access to the processed data at any time and they can request 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, exclusion of fans from venues or 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, including procedures and processes as well as awareness training, 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:

• Ownership of Sports Data: While clubs and leagues collect and store sports data, athletes retain certain rights under 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, particularly for AI-driven analytics hosted on cloud platforms. This is not always observed, leading to illegal data sharing, especially outside of the EU/EEA.
• Low Maturity and Level of Awareness: Knowledge of the GDPR and its implications is somewhat limited within the sports world, both among amateurs and professionals.
• 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 usually not observed – eg, that it must be freely given without any consequences if denied or withdrawn.

Enforcement and Sanctions

Non-compliance with the data protection regulation is subject to sanctions, including fines of up to 4% of global revenue/EUR20,000,000, but also injunctions to stop the unlawful processing of data – eg, data sharing or collection. Further, 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. If the Danish Data Protection Agency finds that a fine should be issued, the matter will be turned over to the police and the state prosecutor’s office, which will initiate a criminal court case against the violator.

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

Similarly, Danish courts have ruled on unauthorised commercial use of athletes’ image rights. The Danish Eastern High Court ordered Bet365 to pay in total EUR630,000 for unlawfully using athletes’ names and images in social media marketing, rejecting claims of editorial use.

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 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 the National Olympic Committee and Sports Confederation of Denmark.

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 the Court of Arbitration for Sport (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. It 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;
• sponsorship and commercial disputes affecting players; and
• agent-related contractual disputes.

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

Use of Arbitration in Sports Disputes

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 in their agreements and statutes 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 disciplinary measures and financial sanctions. However, this autonomy is subject to Danish and EU law, ensuring compliance with competition law, employment regulations, and fundamental legal principles.

Appealing Decisions of Sports Governing Bodies

Disciplinary decisions issued by Danish federations, such as the DBU or other national governing bodies, are first appealed internally within the sport’s dispute resolution system. The 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.

Compliance with EU Trends in Sports Regulation

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

Notably, key provisions of FIFA’s new Football Agent Regulations (FFAR) have been suspended worldwide by FIFA, as the latter awaits the ECJ’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 to national transactions in Denmark. However, in line with the recommendations from FIFA, the 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 to a wide extent regulated by standardised contracts and collective agreements in Denmark.

In Danish football, player contracts must be entered into on the basis of the DBU’s 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”. It is possible to agree on additional terms which must be attached to the standard and filed with the DBU.

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 depending on whether the player is full- or part-time employed.

Employment Regulation for Players

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

However, this act is not suited to the employment of football players due to the fixed-term nature of player contracts. Nonetheless, it is set out in the current Collective Agreement between the Danish League and the Players’ Association (2025-2030) that the Salaried Employees Act applies, except for rules on termination notices. 

Football players’ employments are governed in detail by the DBU Standard Player Contract and the Collective Agreement, and there is not much room for interpretation.

Employees in the business of sport are also protected by other mandatory legislation, such as the Danish Holiday Act. In the so-called Holiday Pay case a dispute arose regarding whether clubs should pay holiday allowances and pension contributions on performance-related bonuses, which the Football Arbitration Court ruled was the case.

Employment Regulation for Coaches

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 to the disadvantage of the coach;
• the right to continue receiving salary during notice periods, even if they are relieved of their duties; and
• entitlement to compensation if dismissed unfairly or without just cause.

The Collective Agreement between the Danish League and the Players’ Association does not cover football coaches.

Fixed-Term v Open-Ended Coaching Contracts

Football coaches are often employed on fixed-term contracts, similar to players, which cannot be terminated for convenience by either party. Despite the prevalence of such contracts, the legal position remains unclear. If the Danish Salaried Employees Act applies, a coach may still terminate their fixed-term contract with one month’s notice, which contradicts the intended purpose of such contracts.

Usually, the fixed term spans from one to three years whereas time open-ended coach contracts allow termination with typically three to four months’ notice, depending on the coach’s length of service.

If a coach is dismissed before their fixed-term contract expires, the club is still liable to pay their salary, although the club can deduct any income the coach subsequently earns from new employment.

Dismissal and Severance Payments

Coaches who are fired and placed on gardening leave cannot take up employment with competing clubs during their notice period unless an agreement is reached. 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, inter alia, the principle of free movement of workers under Article 45 of the TFEU. Reference is made to the Bosman ruling and the most recent Diarra case.

In addition, clubs and leagues must comply with the Danish Anti-Discrimination Act, which prohibits discrimination in the labour market based on, inter alia, national origin.

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 home-grown players. Four players must have been developed by the club itself and four players must have been developed by another Danish club, with player development being defined as having been registered in the club for a minimum of 36 months between the ages of 15 and 21.

While the Danish Anti-Discrimination Act does not necessarily prohibit home-grown player rules, 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, non-EU athletes must obtain a residence and work permit to play professionally in Denmark.

Development and Growth

Women’s sports in Denmark have seen substantial progress, with increased investment, professionalisation, and greater media exposure. Football has been a key driver of this growth, supported by initiatives from the DBU aimed at strengthening the women’s game. DBU has worked to enhance visibility and provide professional opportunities for female athletes, contributing to the sport’s growing commercial appeal.

Recent Trends and Key Developments

• Equal Pay for National Teams: In 2025, the DBU and the Players’ Association agreed to equal bonuses for the women’s and men’s teams in key areas, including Nations League and home qualification wins. The agreement reflects the rapid growth and increasing recognition of women’s football in Denmark.
• F.C. Copenhagen’s Women’s Team: A major milestone was F.C. Copenhagen’s formation of a women’s team for the 2024/25 season. Unlike in some countries where major clubs are fast-tracked into top divisions, F.C. Copenhagen had to qualify through the existing league structure, sparking debate over balancing competitive integrity with the need to accelerate the development of women’s football. This move followed UEFA’s new regulation requiring clubs participating in its tournaments to support a women’s team.
• Sponsorship and Investment Growth: Danish women’s football is attracting increased commercial interest, with top clubs securing major sponsorships. F.C. Copenhagen’s women’s team has partnered with Carlsberg and Adidas, while FC Midtjylland’s women’s team has secured a headline sponsorship with international retailer NORMAL. These high-profile deals highlight the sport’s rising commercial appeal and expanding corporate investment.
• Media Rights and Attendance: Women’s football in Denmark has gained expanded media coverage, attracting greater investment in broadcasting and sponsorship. Broadcasters now allocate more airtime to the women’s league, and sponsorship agreements are becoming increasingly lucrative. Although attendance figures remain lower than in men’s football, there is steady growth in stadium attendance and television viewership, further strengthening the sport’s commercial appeal.

Organisations Driving Development

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

Development and Growth

The Danish esports market has experienced significant growth, establishing itself as one of the most developed esports markets globally. In 2023, Denmark had the highest number of elite esports players per capita, and esports is now recognised as a mainstream competitive activity. The industry saw a surge in participation during the COVID-19 pandemic, and the number of esports clubs continues to grow. Membership in Danish esports clubs grew from 2,343 in 2017 to 8,860 in 2020. However, despite this overall growth, the industry has faced a slight downturn in 2024 and 2025, experiencing economic difficulties.

So far, the National Olympic Committee and DIF have not recognised esports as an official sport. This means that no financial support can be provided by DIF and no governance under DIF applies.

Recent Trends and Notable Deals

• 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. While no standardised contract exists, esports organisations increasingly implement long-term contracts with revenue-sharing models.
• Expansion of Esports Events: Denmark hosts large-scale esports events, such as Blast Premier in Copenhagen and the Gamebox Festival in Herning, reinforcing the country’s position as an esports hub. These events attract international audiences and corporate sponsorships.

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. Some clubs have explored NFTs as a tool for fan engagement, offering exclusive content and VIP experiences.

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 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, they have specifically stated that the creation and sale of NFTs incur tax liability. This also applies to any royalties earned when NFTs are resold.

The Danish tax authorities have also stated that remuneration gained from NFTs should be subject to VAT under the Danish VAT Act. However, due to a specific exemption in the VAT Act, this remuneration could be exempted from VAT, provided the respective NFT can qualify as an “artistic service”. In this assessment it must be taken into consideration whether the NFT results from an “intellectual effort” and whether its artistic quality is comparable to other exempt services. The tax authorities have noted uncertainty about whether the EU Commission and other member states will share this interpretation, hence their position is taken with certain reservations.

Danish tax authorities generally consider any sale of NFTs as speculative. This means that users /customers are subject to taxation when they later sell their NFTs.

AI Regulation in Denmark

Denmark follows the broader European regulatory framework for artificial intelligence (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 (when AI Act chapter III becomes applicable from 2 August 2025), as this could affect the players’ work relationships. There are currently no AI-specific Danish 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:

• 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:

• 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, potential infringement of third-party rights, clearing image rights and licensing.

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