The Dutch and Danish proposals for legislation on deepfakes

Artikel door Dirk Visser. This article contains a summary and a brief comparison of the Dutch and Danish proposals for legislation relating to deepfakes. The Dutch proposal is an initiative of member of parliament ms. Rosemarijn Dral, based on an article published in October 2024 (available on SSRN). The Danish proposal was submitted for consultation on 7 July 2025 and will be introduced by the Danish government to the Danish parliament in the winter of 2025/2026.

The Danish proposal
The Danish proposal contains the following clauses to be added to the Danish Copyright Act. Performers get an additional right:
§ Section 65 a.

1. Realistic digitally generated imitations of a performer or artist’s artistic performance may not be made available to the public without the consent of the performer or artist.
2. The protection in subsection 1 shall last until 50 years have elapsed after the year of death of the performer or artist.
3. The provisions of section 2(3) and (4), sections 3, 11, 13, 13a, 16a, 16c- Sections 16 f and 17-17 b, 17 c(2), (3) and (4), 17 d-17 e, 18(1) and (2) 19(1) and (2) and sections 21-23, 24 b, 25, 25 a, 27, 28, 30 a, 33, 34, 35, section 47(1) and (2), sections 49, 50-57, 58a, 61 and 62 shall apply correspondingly to digital realistic imitations of performers’ performances or of artists’ artistic performances.

In section 86, a new subsection is inserted after subsection (1):

       2. The provision in section 65a applies to imitations of persons who are citizens of or resident in a country within the European Economic Area.

Core provision
Protection against realistic digitally generated imitations of personal characteristics
§ Section 73 a.

1. Realistic digitally generated imitations of a physical person’s personal, physical characteristics may not be made available to the public without the consent of the imitated person.
2. Subsection 1 does not include imitations that are primarily expressions of caricature, satire, parody, pastiche, criticism of power, social criticism or the like, unless the imitation constitutes misinformation that may seriously jeopardise the rights or essential interests of others.
3. The protection in subsection (1) lasts until 50 years have elapsed after the year of death of the impersonated person.

Applicability
Special provision on protection against digitally generated imitations of personal characteristics
§ Section 86 a.
The provision in section 73 a applies to imitations of all natural persons, including foreign nationals.