The Danish Data Supervisory Agency recently responded to a Danish law firm's query regarding certain data protection issues that arose as a result of due diligence investigations.

The agency stated that the release of non-sensitive personal data to a potential purchaser and its advisers is compatible with the Danish Act on the Processing of Data, provided that those with access to the data have executed appropriate confidentiality agreements.

However, the agency declared that sensitive personal data (eg, information about employees' health, religion, union memberships, and criminal records) may be released only with the express consent of the individual in question.

The agency also stated that personal data contained in due diligence reports may be used only for the purpose of the contemplated transaction.

For further information on this topic please contact Philip Risbjørn at Bech-Bruun Dragsted by telephone (+45 7227 0000) or by fax (+45 7227 0027) or by email ([email protected]).