After a decision of the Danish National Tax Tribunal, the Danish Gambling Authority, Spillemyndigheden, is now subject to less restrictive rules related to the confidentiality of information. Earlier this year, the National Tax Tribunal confirmed that the Authority would no longer be subject to the “enhanced duty of confidentiality of section 17″ with the country’s Tax Administration Act.
That decision affected the information that the Authority can disclose in the future. Additionally, it impacted what Spillemyndigheden can comment on as well. According to the National Tax Tribunal, the Authority processed information under the Danish Gambling Act that doesn’t require it to be subject to enhanced confidentiality rules.
“The Danish National Tax Tribunal decided that the information that the Danish Gambling Authority processes under the Danish Gambling Act is not subject to the special and enhanced duty of confidentiality under section 17 of the Tax Administration Act,“
explains a statement released by Spillemyndigheden
Spillemyndigheden Remains Subject to General Rules for Confidentiality
According to a statement released by Spillemyndigheden on Tuesday, while it won’t be subject to the enhanced rules under section 17 of the Danish Tax Administration Act, the Authority remains subject to rules related to the general duty of confidentiality. Under those rules, the regulator is not allowed to uncover information related to natural persons, trade secrets or other sensitive details protected under the country’s legislation on data protection.
“The Danish Gambling Authority is still subject to a general duty of confidentiality in accordance with the rules of section 27 of the Public Administration Act. Thus, we do not disclose confidential information and trade secrets, and information about natural persons will always be processed in accordance with the rules of the data protection legislation,“
added Spillemyndigheden
Although it won’t be subject to enhanced restrictions, the Authority would need to comply with the general duty of confidentiality. In other words, in some cases, Spillemyndigheden won’t be permitted to comment on different cases due to limits related to general confidentiality duty.