In a move that has ignited fierce debate across Denmark’s tech, legal, and business communities, the Danish Ministry of Culture has unveiled a draft bill that would effectively ban the use of Virtual Private Networks (VPNs) to access foreign streaming content or circumvent government-blocked websites. While framed as a measure to strengthen copyright enforcement and combat online piracy, critics warn the proposal’s broad language risks undermining digital freedoms—and may even deter innovation in Denmark’s growing tech sector.
What’s in the Proposal?
The bill, currently under public consultation, seeks to amend existing legislation to explicitly prohibit the use of VPNs to:
- Access geoblocked media content not licensed for Denmark (e.g., U.S. Netflix libraries);
- Bypass court-ordered blocks on illegal websites hosting pirated films, sports streams, or other copyrighted material.
According to the Ministry, the update is necessary to keep pace with “technological developments” that enable consumers to sidestep legal and territorial restrictions. Violations could result in fines, with the law set to take effect as early as July 1, 2026, if passed.
Culture Minister Jakob Engel-Schmidt (Venstre) insists the intent is narrow: “We are establishing that it is illegal to stream football matches when you have not paid for them,” he wrote in a statement to the press. “I am not in favour of making VPNs illegal—and I will never propose that.”
Yet the devil, as legal experts point out, is in the wording.
A Legal Loophole or a Slippery Slope?
Critics argue the bill’s language is dangerously vague. The phrase “unauthorised access to media content”—not limited to copyright-infringing material—could, in theory, be interpreted to criminalize VPN use for accessing any government-restricted site, regardless of its legality.
Sten Schaumburg-Müller, Professor of Law at the University of Southern Denmark, warns: “The background to the proposal is sensible—but as drafted, it goes beyond copyright protection. It’s poorly formulated from a rule-of-law perspective.” Without explicit limitations, he says, authorities could one day use the law to penalise citizens who use VPNs to access content blocked for reasons unrelated to piracy—such as public health advisories, national security concerns, or even politically sensitive material.
In contrast, Jan Trzaskowski, IT law professor at Aalborg University, sees less cause for alarm: “This is about ensuring you can’t access services you haven’t paid for. In a rule-of-law state, that makes sense.” He argues the law should be read in context—and that enforcement will likely remain focused on commercial-scale piracy, not individual viewers watching The Crown on British Netflix.
Still, the ambiguity leaves room for legal uncertainty—a red flag for businesses and digital rights advocates alike.
Public and Industry Backlash
The proposal has drawn immediate criticism from IT-Politisk Forening (the Danish IT-Political Association), a digital civil rights group. Its chairman, Jesper Lund, calls the bill “totalitarian in feel,” noting that even authoritarian regimes like Russia do not criminalize VPN use—only the operation of unlicensed providers.
“In Russia, you can’t be prosecuted just for using a VPN,” Lund points out, citing a Human Rights Watch report. “Yet Denmark, a democracy, is considering penalizing citizens for the same act.”
The concern isn’t academic. According to Dansk Erhverv, nearly 9% of Danes have used a VPN to access geo-restricted content, while 20% admitted to illegal streaming or downloading in the past year. VPNs are also vital tools for journalists, activists, remote workers, and travellers—functions the bill doesn’t distinguish from piracy.
Moreover, the proposal targets not just users, but providers and marketers of VPN services that “can be used” for illegal purposes—a provision that could chill legitimate tech entrepreneurship. As Lund warns: “If interpreted broadly, this could force VPN companies to shut down operations in Denmark or face liability.”
The timing is also telling. Just days after Australia banned social media for minors, VPN usage there surged by 400% overnight—demonstrating how quickly such tools become essential when access is restricted, even in democracies.
Balancing Rights, Revenue, and Regulation
At its core, the bill reflects a global tension: how to protect intellectual property in a borderless digital world without compromising user rights or stifling innovation.
Content industries—including Danish broadcasters and sports rights holders—have long lobbied for stronger anti-piracy measures. Illegal streaming costs the European audiovisual sector an estimated €1 billion annually, according to the European Audiovisual Observatory. From that perspective, closing the “VPN loophole” may seem justified.
But Denmark risks overcorrecting. Other EU countries—such as Germany and France—have pursued targeted measures against piracy websites and stream-ripping tools, without outlawing VPN infrastructure itself. The EU’s Digital Services Act also emphasizes proportionality and user rights, raising questions about the compatibility of Denmark’s approach with broader European digital policy.
What Comes Next?
The Ministry of Culture has opened a public consultation period, with responses due by early 2026. Minister Engel-Schmidt has signalled willingness to refine the text: “When the purpose can be misunderstood so fundamentally… I will ask my civil service to clarify this on the basis of the hearing.”
For Nordic Business Journal readers—especially those in tech, media, and legal sectors—the stakes are clear:
- Tech firms must assess potential compliance risks if the law expands liability to service providers.
- Media companies should consider whether aggressive geo-blocking remains viable in an increasingly globalised streaming market.
- Policymakers face a test of Denmark’s commitment to digital freedom amid rising global internet fragmentation.
Clarity Over Censorship
Denmark has an opportunity to lead with a precise, rights-respecting framework that protects creators without criminalizing consumers or undermining digital infrastructure. But as currently drafted, this bill blurs the line between enforcement and overreach.
The solution isn’t to abandon anti-piracy efforts—it’s to draft laws that are narrow, transparent, and technologically literate. In a region that prides itself on digital innovation and civil liberties, Denmark must ensure its copyright enforcement doesn’t come at the cost of its democratic values.
— The Nordic Business Journal will continue to track this legislation through the consultation process and beyond.