(a) health and safety;
The Danish Working Environment Act and government orders issued thereunder set out health and safety requirements for carrying out work.
For almost any construction work, the employer is responsible for appointing one or more working environment coordinators and for ensuring that they prepare and continually update a health and safety plan for the work. The purpose of the health and safety plan is to identify risks and to establish measures to prevent injuries at the work site.
Where health and safety requirements are not adhered to, the Danish Working Environment Authority can issue specific orders on how to carry out the work and also bring the work to a stand-still until the issue has been corrected.
(b) environmental issues;
Danish legislation on environmental matters is wide-ranging and complex, but is in general based on EU legislation.
Most aspects will typically be handled during the planning stage, but a wide range of polluting activities or activities that include such risks require specific permits. Some projects require an Environmental Impact Assessment, which can be a costly and time-consuming process.
(c) planning;
In general, specific requirements for how constructions must be built are set out in building regulations, whereas the planning legislation sets the framework for where constructions can be built.
The municipalities are responsible for the physical planning of both cities and rural areas in accordance with the development plans. Local development plans can also set out certain requirements for how constructions must be built, e.g. that roofs of houses within an area must be red. In terms of larger projects, it is common (but not required) that a project-specific local development plan is made in close cooperation between the developer and the municipality. Such project-specific plans are usually very detailed in terms of how the construction must be built.
(d) employment; and
In Denmark trade unions have the right to negotiate collective agreements with employers and employers’ organisations, which set out basic working conditions in the business or industry.
There is no legal requirement for a company to follow or enter into a collective agreement, but trade unions can and may decide to take industrial action, such as striking, in order to persuade a company to reach an agreement.
Foreign companies working in Denmark must notify the Register of Foreign Service Providers (RUT).
Many public authorities and other public sector employers include in construction contracts social clauses (e.g. requiring that contractors employ a certain number of apprentices) and labour clauses (e.g. requiring that all workers are entitled to working conditions similar to those set out in collective agreements). They may also include chain liability clauses (stating that the main contractor is responsible and liable for the compliance of sub-contractors (of any tier) with labour clauses).
(e) anti-corruption and bribery.
The Danish Competition Act prohibits agreements and conduct that directly or indirectly restrict fair competition and trade, such as market sharing and price-fixing.
An unlawful act may result in prison, a fine and/or quarantine (a ban on bidding on tenders made by a public entity for a duration of time). EU legislation will apply instead of the Danish Competition Act in cases with cross-border dimensions.