Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

Denmark's foundational cross-sector horizontal FDI screening statute. Lov nr 842 of 10 May 2021 — investeringsscreeningsloven — was adopted by the Folketing on 4 May 2021, signed on 10 May 2021, and entered into force on 1 July 2021 (with application to transactions implemented from 1 September 2021). The Act is administered by Erhvervsstyrelsen (Danish Business Authority) and combines (i) a mandatory pre-closing authorisation regime for foreign investments in "particularly sensitive sectors" — defence, dual-use products, IT-security functions/services, critical technology, critical infrastructure — triggered at 10% ownership / voting rights or equivalent control, with (ii) a voluntary notification scheme (typically engaged at 25%+) for foreign investments and special economic agreements in other sectors. Enforcement runs through blocking orders, unwinding orders, and criminal sanctions including fines and imprisonment. Structural peer of the US CFIUS regime, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., the UK NSI Act 2021, the Netherlands Wet Vifo, the Italian Golden Power Decree, and the Swedish FDI screening regime.

The National Security and Investment Act 2021 (c.25), receiving Royal Assent on 29 April 2021 and entering full force on 4 January 2022, created the UK's first standalone investment-screening regime, separating national-security review from the Competition and Markets Authority merger-control process. The Act empowers the Secretary of State to call in any acquisition of "control or influence" over a qualifying entity or asset on national-security grounds, and designates 17 sensitive sectors in which acquisitions crossing 25%/50%/75% share-or-voting-rights thresholds (or material influence) require mandatory pre-completion notification to the Investment Security Unit (Cabinet Office); completion before clearance is void and criminal sanctions of up to 5 years imprisonment apply to non-notifying parties. The Act is the structural peer of US CFIUS/FIRRMA (2018), EU Regulation 2019/452, Germany AWG §§55–62, France Décret 2014-479, Netherlands Wet Vifo, and the broader allied FDI-screening parent-statute lattice, and the enabling statute under which all UK mandatory-notification schedule amendments operate.