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:
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:
Furthermore, the proposal seeks to:
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:
Conflicting Sponsorship Agreements
Sponsorship agreements must take into consideration potential conflicts at different levels.
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:
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:
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.
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:
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:
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.
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:
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.
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:
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.
GDPR Compliance Obligations
Provided that a lawful basis exists, the processing entity must comply with key GDPR obligations, including the following, for example.
Challenges and Legal Considerations
While sports data offers commercial and operational advantages, it also raises legal and ethical concerns, including the following.
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:
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:
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.
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.
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.
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.
However, there are also legal and ethical risks.
In the Danish sports industry, the metaverse remains largely experimental and, so far, there is nothing notable to report.
Philip Heymans Allé 7
2900 Hellerup
Denmark
+45 33 34 40 00
info@hortendahl.dk www.hortendahl.com
Investments in Danish Football
International investment in sport is accelerating, and Denmark is increasingly becoming part of that story. Globally, the direction is clear: more investors, fewer traditional owners, and a market shaped by multi-club ownership and minority stakes. Football clubs are now viewed less as passion projects and more as assets within a broader sports investment portfolio. That global movement is now reaching Denmark.
Industry analysts note that Danish football clubs offer a compelling investment profile: relatively low acquisition costs, strong talent pipelines, stable regulation, and a realistic pathway to UEFA competitions. These incentives are echoed in market research highlighting Denmark as a strategic platform for foreign investors due to its talent production, lower operating costs, and access to European tournaments.
Within most recent years, investments and acquisitions from international investors have been carried out in the Danish football clubs AC Horsens, Aalborg Boldklub, Brøndby IF, Lyngby Boldklub and Silkeborg IF. Rather than full takeovers, the next wave of activity in Denmark is expected to centre on shared ownership models, minority investments and strategic partnerships. This aligns with broader European trends showing strong growth in minority-stake deals and cross-border investment groups.
Simultaneously, there has been a notable trend of frequent ownership transitions among Danish football clubs. Most recently, Sønderjyske, Vendsyssel FF 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 (the owner of the club also owns CD Mafra in Portugal), Brøndby IF (the owner of the club also owns Crystal Palace in England) and Silkeborg IF (the owner of the club also owns Walsall F.C. in England). This concept of multiple-club ownership is far from unseen in international football, but it has not had a place in Danish football until recently.
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. The investment is structured through a holding company acquiring 49% of the club, while the parent association retains 51% of the voting rights in accordance with Swedish football regulations. The transaction was approved by the club’s members in December 2025 and authorised by the Swedish Football Association in January 2026. The stated aim is a long-term partnership focused on talent development and strengthening F.C. Copenhagen’s Scandinavian player pathway.
Perhaps the clearest sign of Denmark’s integration into the global sports economy is unfolding outside the clubs themselves. The biggest recent example is Wasserman’s acquisition of the football division of Danish agency People in Sport in January 2026 – a move that marks the company’s first formal entry into the Danish market. The acquisition is widely viewed as the first of several expected consolidations, as global agencies increasingly choose to buy into Denmark rather than build from scratch.
Investors are no longer focusing solely on clubs: they are entering academies, agencies, commercial rights and media-linked sports entities. This underscores that football continues to dominate global deal flow and that European assets, particularly those with strong youth-development systems, remain a priority for international capital. This trend mirrors what is now visible in Denmark: capital is flowing not only to clubs, but into the entire ecosystem surrounding talent.
Denmark is no longer on the periphery of the global sports economy: it is becoming a growth hub for international investment. With rising foreign interest, consolidating agencies and increasing sophistication in ownership models, the key question is no longer whether Denmark will participate in the global sports investment wave, but how significant a role it will play in shaping it.
Who can own Danish football clubs?
International rules
Danish football clubs obviously must comply with the rules and regulations issued by FIFA and UEFA. Therefore, no individual or legal entity may have control or influence over more than one club participating in the same UEFA competition (see Article 5 in the regulations for UEFA competitions). However, these rules on multiple club ownership are well known and are not special for Denmark. So far, Denmark has seen no challenges in terms of compliance with this.
Danish rules
The above development led to the Danish League introducing new rules on who can own and run a club, in 2022. The rules were most recently amended in December 2024 by way of Circular No 42 (“the Circular”).
The Circular stipulates that any transfer of significant influence (defined as at least one-third of the voting rights) in professional football clubs requires the new shareholder acquiring such influence to receive prior approval from the Danish League, before the club can be granted the club licence that enables it to enter into professional player contracts. Accordingly, when a new shareholder acquires significant influence in a club, the club is not entitled to enter into player contracts until the new shareholder has been approved by the Danish League.
According to the Circular, the club must submit documentation to the Danish League regarding, among other things, the corporate structure of the new shareholder and any other ownership interests it holds. In addition, a representative of the new shareholder must submit a statutory declaration confirming its awareness of the most relevant collective agreements and regulatory frameworks governing Danish football.
Subject to having received the relevant documentation, the Danish League will grant the licence (contract permission) to the club, unless the new shareholder or their ultimate beneficial owners:
In a recent matter, a potential acquisition of Vejle Boldklub did not materialise as the potential new shareholder allegedly failed to meet the documentation requirements in the Circular, including proof of financial transparency.
Regulatory Framework for Agents
The role of football agents has evolved significantly in recent years, prompting FIFA to introduce stricter regulations aimed at increasing transparency and ensuring fair representation of players. FIFA’s Football Agent Regulations (FFAR) came into effect in January 2023 and establish rules on agent licensing, commission structures and contractual obligations. These reforms seek to address concerns about financial exploitation and conflicts of interest in player transfers.
Under the new FIFA regulations, all agents operating in international transfers must obtain a FIFA agent licence.
However, key provisions of FFAR have been suspended worldwide by FIFA while it awaits the ECJ’s ruling on their compatibility with EU competition law.
In Denmark, the Danish Football Association (DBU) implemented FFAR through Circular No 125, thereby extending FFAR’s provisions to national transfers 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. It is worth noting that only FIFA-licensed agents are allowed to operate on the Danish market.
Notably, in May 2025, Advocate General Nicholas Emiliou delivered his Opinion in the pending FFAR cases before the CJEU, emphasising that sports governing bodies are not exempt from EU competition law when regulating economic actors such as agents. While recognising a margin of sporting autonomy, the Advocate General reaffirmed that such rules must pursue legitimate objectives and satisfy the proportionality requirements under the Meca-Medina test. The judgments of the CJEU are expected in 2026 and will determine whether the suspended elements of the FFAR, including the cap on agents’ fees and restrictions on multiple representation, can be upheld under EU competition law or must be amended.
An additional practical issue has arisen concerning jurisdiction in international disputes. International disputes involving agents and players have ordinarily fallen within the competence of FIFA’s Agents Chamber. However, as a consequence of the suspension of key parts of FFAR in 2023, the Agents Chamber is currently not operational for such disputes. This creates legal uncertainty, as agents and players are presently unable to refer international representation disputes to a competent body.
In light of this situation, it is advisable for agents and players to include a clear jurisdiction clause in their representation agreements referring international disputes to the Court of Arbitration for Sport (CAS). Such a clause ensures procedural certainty and avoids a potential jurisdictional vacuum while the regulatory framework and dispute resolution system remain unsettled.
Increased Commercialisation of Youth Transfers
Danish football has undergone significant changes in recent years, with clubs’ financing increasingly relying on youth player transfers as a key revenue stream. From 2021 to 2024, the Superliga clubs generated an aggregate profit of approximately DKK906 million. The results were heavily concentrated among a small number of clubs, most notably F.C. Copenhagen, which alone reported a cumulative surplus of DKK498.7 million, followed by FC Nordsjælland (DKK155 million), Silkeborg IF (DKK124 million), AGF (DKK103 million) and FC Midtjylland (DKK87 million).
Many clubs, including those outside the Superliga, have adopted a business model centred on talent development and early player sales. This approach allows clubs to generate substantial profits before young players reach their peak potential. The trend of selling young talents at high transfer fees is particularly evident in clubs like FC Nordsjælland and F.C. Copenhagen, both of which have successfully transferred multiple young players for record-breaking sums. Recent examples include the following:
These transfers highlight how Danish clubs can generate significant financial returns by strategically developing and selling young players.
Regulations of minor football players in Denmark
DBU has implemented strict national regulations to protect minor football players from early exposure and ensure that they are not forced into professional careers prematurely. In line with FFAR and FIFA’s Regulations on the Status and Transfer of Players (RSTP), DBU has adopted additional safeguards to govern the representation and transfer of minors. These measures primarily focus on minimum age requirements, agent engagement restrictions, and prohibitions on premature contract negotiations.
Under the national DBU Agent Regulations, DBU-licensed football agents who have completed the required FIFA CPD course on minors may only approach a player six months before the player turns 15 for the purpose of entering into a representation agreement. This restriction aligns with FIFA’s approach but further strengthens national-level safeguards by imposing clearer and earlier limitations on when agents can contact young players.
DBU outlines additional protective measures, including:
Furthermore, a football agent may not receive a service fee when engaged to perform football agent services relating to a minor unless the relevant player is signing their first or subsequent professional contract in accordance with the law applicable in the country or territory of the member association where the minor will be employed.
These measures reflect DBU’s commitment to youth player welfare and aim to curb undue pressure from clubs and agents, ensuring that young players can focus on their development without commercial influences at an early stage.
Challenges in enforcement and compliance
However, in practice, these restrictions are not always followed. Unofficial discussions often take place before the permitted timeframe, creating a grey area in compliance and enforcement. This raises concerns about undue pressure on young athletes, particularly as lucrative financial offers become more difficult to resist.
With transfer fees reaching unprecedented levels, Danish football clubs will likely continue to capitalise on their strong youth development systems. However, stricter enforcement of player protection regulations could be essential to ensure that young players receive fair and ethical treatment in the transfer market.
For clubs, agents and investors, navigating this evolving regulatory landscape requires careful compliance with both Danish and FIFA transfer rules to maintain the integrity of the sport while benefiting from its growing commercialisation.
Risk Management Model
A new financial reality is taking shape in Danish sports, and particularly in the football business, as clubs and commercial actors increasingly adopt risk management structures mirroring developments seen in international football. With transfer fees now commonly paid through multi-year instalments and conditional bonuses, the focus is shifting from price alone to a more strategic assessment of credit risk.
Clubs are seeking larger upfront fees or shorter intervals between instalments to reduce exposure. In some cases, the risk is priced directly into the total transfer amount, reflecting the growing concern over long-term payment reliability.
Clear written confirmation of triggers – eg, match appearances, league positions or resale events – is becoming crucial, and sell-on clauses are increasingly important. These records are now viewed as a primary tool for preventing disputes years after a deal is signed.
Precise scoping of payment mechanisms is emerging as standard practice. Key concepts are being drafted with increasing legal precision to avoid ambiguity, including:
Solidarity payments, sell-on percentages, registrations and documentation may now functionally be treated as security. Access to these rights, or co-operation around them, is increasingly tied to the fulfilment of payment obligations.
As these practices spread, transfer agreements are starting to resemble financing documents as much as sporting contracts. The legal structure surrounding payments is rapidly becoming just as important as the player being acquired.
Commercial Rise of Danish Sports Talents
Athletes are increasingly operating at the intersection of performance, media and intellectual property. The following three trends in particular are reshaping how young talents build and protect their commercial value.
Digital reputation becomes a legal battleground
There will be a rise in athletes facing online storms – not due to illegal actions, but because old posts resurface, irony is misread, or context disappears. Social media has effectively become a legal risk zone. As a result, risk management is moving from crisis response to preventative strategy: athletes are urged not only to “think before they post”, but also to prepare for situations where others post about them. Demand for legal claims relating to harassment, defamation and reputational harm is expected to grow substantially.
Identity as a trade mark
A new wave in sports and IP law is transforming an athlete’s identity into a commercial asset. Talents are increasingly expected to register aspects of their likeness – faces, movements, signatures, celebrations – as trade marks. This shift is driven by the rise of AI and deepfakes, by the premium placed on authenticity in sponsorships, and by the fact that athletes themselves have become the primary carriers of brand value. IP strategy is moving from reactive enforcement to proactive structuring, occurring earlier and on a broader scale.
The athlete as a media company
Athletes are no longer just brand ambassadors: they are becoming media producers. Danish and international talents are launching their own podcasts, YouTube channels, production companies and creative studios.
Owning their content allows athletes to control their narrative, build direct fan relationships and retain the underlying IP. This shifts the power balance in the following ways:
Enforcement of Image Rights in Sports: the Bet365 Precedent
A ruling from the Danish Maritime and Commercial Court against Bet365 has reinforced the legal protection of athletes’ image rights in Denmark. The case involved prominent Danish sports figures – including handball player Mikkel Hansen, football player Christian Eriksen, badminton player Viktor Axelsen and members of the Danish national football team – who sued Bet365 for unauthorised use of their names and images in social media posts. The court found that the betting company’s use of these athletes’ images constituted commercial marketing rather than editorial content, awarding compensation of approximately EUR6,700 (DKK50,000) per infringing post. The ruling was further upheld by the Danish Eastern High Court in the summer of 2024.
This ruling provides significant legal clarity regarding the distinction between editorial use and commercial exploitation of athletes’ images. Bet365 argued that its social media posts merely facilitated sports discussions among users. However, the court determined that the posts served primarily as promotional tools, leveraging the athletes’ recognition to enhance brand engagement. The ruling was based on general legal principles and the Danish Marketing Practices Act, which prohibits the unauthorised commercial use of an individual’s name and image.
One of the most striking aspects of the decision is the compensation model applied. The court established damages based on the standard market rate that the athletes could have demanded had they entered into an agreement with Bet365. The ruling is remarkable due to the way the damages were calculated. Instead of taking the number of images into consideration, the court determined the damages based on the number of social media posts. This shift in methodology could set a new standard in future image rights infringement cases, particularly in the digital age where social media exposure can significantly impact an individual’s brand value.
Beyond financial compensation, the ruling also highlights the reputational harm caused by unauthorised commercial associations. Athletes are highly conscious of the brands they endorse, and being associated with a betting company without consent could have adverse implications, particularly given concerns about gambling addiction. While not explicitly stated in the judgment, this reputational harm may have influenced the court’s damages assessment.
Significantly, the ruling has likely also expanded the scope for enforcing image rights under Danish law. The court’s approach suggests a growing willingness to hold companies accountable for the unauthorised use of individuals’ names and images, particularly in digital and social media contexts. This expansion of enforceability means that not only athletes, but also other public figures, may find it easier to claim damages in similar cases.
Companies operating in the sports and entertainment sectors must now exercise greater caution when using athletes’ names and images in their marketing strategies. This ruling underscores the necessity of obtaining explicit consent from sports professionals before featuring them in commercial campaigns, ensuring compliance with legal standards, and protecting the value of athletes’ personal brands.
Philip Heymans Allé 7
2900 Hellerup
Denmark
+45 33 34 40 00
info@hortendahl.dk www.hortendahl.com