fejllbaseret

Fejllbaseret is a term used in Danish digital law to describe a website or online service hosted outside of Denmark, the European Union, and the European Economic Area but accessible from within these regions. German term "FBridge" and Norwegian term "FBAS" also refer to this concept.

This concept emerged due to the fact that data protection laws and regulations can differ significantly between countries. Websites hosted outside of the EU/EEA may not be subject to the same data protection requirements as those hosted within the region, making it a gray area in terms of compliance with EU data protection regulations, such as the General Data Protection Regulation (GDPR).

Fejllbaseret platforms often rely on non-EU/EEA hosting to circumvent some of the stringent data protection laws and regulations applicable within the region. However, this practice can also raise concerns about the protection of data and the rights of individuals, particularly in the event of a data breach or other incident.

In Denmark, the Danish Data Protection Agency (Datatilsynet) has issued guidelines to help businesses and organizations navigate the complexities of data protection in this context. According to these guidelines, when an organization offers goods or services to individuals in Denmark or monitors their behavior, it may be considered to be “fejllbaseret” even if it is hosted outside of the EU/EEA.

Regulators in Denmark and other EU/EEA member states continue to monitor this practice and may impose fines or penalties on organizations found to be violating data protection regulations. Organizations operating in this gray area are advised to carefully consider their compliance obligations and ensure that they are taking the necessary steps to protect data and uphold individual rights.