Legislation etc.
Here you can find information on legislation, how to complain and read about how we process personal data.
Legal guidance
Acts
Lov om forvaltning og administration af tilgodehavende feriemidler
Lov om ændring af lov om forvaltning og administration af tilgodehavende feriemidler (vedr. udbetalingsrunden i 2021) Lov om ændring af lov om social pension og forskellige andre love (tilføjelse af tidlig pension)
Lov om ændring af lov om ferie og lov om forvaltning og administration af tilgodehavende feriemidler
Bekendtgørelse om forvaltning og administration af tilgodehavende feriemidler
Bekendtgørelse om bidrag til Lønmodtagernes Fond for Tilgodehavende Feriemidler
Bekendtgørelse om førtidig udbetaling af feriemidler ved en ansøgningsrunde i 2020
Bekendtgørelse om førtidig udbetaling af feriemidler ved en ansøgningsrunde i 2021
How to complain
Do you disagree with a decision made by Lønmodtagernes Feriemidler?
If you disagree with a decision that has been made by Lønmodtagernes Feriemidler or feel that the information that the decision was made on is incomplete or incorrect, you are welcome to contact Lønmodtagernes Feriemidler.
Contact Lønmodtagernes Feriemidler
Do you want to complain about a decision?
If you want to complain about a decision made by Lønmodtagernes Feriemidler, you must send a complaint with the title 'Klage' in the subject line. We must receive your complaint no later than 4 weeks after you have received the decision.
Lønmodtagernes Feriemidler will re-process your case and assess your complaint. If your complaint is not upheld, your complaint will be sent to Ankestyrelsen.
Even if you got a letter about paying holiday pay to Lønmodtagernes Feriemidler and you have filed a complaint, you are still obligated to pay back the amount on time.
ATP's customer ambassador
If you have suggestions for improvement or you are not completely satisfied, please contact ATP’s Customer Ambassador. For example, this might be if you are not happy with the service you received or you feel that there are some things ATP can improve upon. Read about how you can contact the customer ambassador:
How we process personal data
In the following, you can learn more about what data Lønmodtagernes Feriemidler processes, how we process the data and your rights in that connection.
As an owner of a personally owned company, here you can learn about what data Lønmodtagernes Feriemidler processes, how the data is processed and what rights you have when we process cases and inquiries concerning:
Reporting of outstanding holiday pay/allowance
Account statements and account indexation
Collection and payment of overdue holiday pay
Voluntary collection of holiday pay
Annual confirmation from companies that keep holiday pay not due for payment yet.
Lønmodtagernes Feriemidler is responsible for the processing of the personal data that we have about you. The data controller for Lønmodtagernes Feriemidler is LD Fonde, central business registration number 61552812.
Why Lønmodtagernes Feriemidler processes your personal data
We process your personal data for the following purposes:
To ensure that your employees’ holiday pay is registered and managed in the fund.
To ensure that your owed holiday pay is calculated and indexed for the period that you keep them.
To ensure that your owed holiday pay is collected when they fall due for payment.
To control information submitted in connection with reporting or when contacting the fund.
To train our employees and improve the customer experience (if you call us and accept that we can record the conversation).
To test our systems in connection with development, optimisation of operations and, if relevant, fixing errors.
What data do we process?
We only collect information about you that we need to process your case. We collect the following types of personal data about you:
Common personal data
We receive civil registration numbers and other basic data from the Danish Civil Register.
We receive information about income, etc. from the Danish Tax Agency.
We receive information about account numbers/NemKonto from the Danish Agency for Digitisation.
How do we process your personal data?
We process your personal data on the basis of the Act concerning the amendment of the Danish Act on the Processing and Administration of Outstanding Holiday Pay (Lov om forvaltning og administration af tilgodehavende feriemidler), Act no. 58 of 30/01/2018 with amendments. We can obtain and coordinate data for case processing and for checking payments, etc. This can be done with the help of Udbetaling Danmark – Public Benefits Administration on the basis of special provisions in the Danish Udbetaling Danmark Act and established guidelines, including those for erasure of data. We can pass on information about you to other public authorities such as the Danish Tax Agency, Lønmodtagernes Garantifond, the Danish Debt Collection Agency, Udbetaling Danmark or financial institutions which are legally entitled to receive this information or to parties that Lønmodtagernes Feriemidler collaborates with. In special cases, we will pass on your personal data to countries outside of the EU/EEA, though only if your employer is domiciled outside of the EU/EEA.
How long do we store your personal data?
We store your information during the processing of your case and delete them at the earliest three years after the holiday funds have been disbursed to all of your employees or, if relevant, repaid and the holiday funds from your company have been fully contributed to the fund, Lønmodtagernes Garantifond or the Danish Debt Collection Agency. The information is stored after the case has been closed due to rules in the Danish Limitation Act, the Danish Bookkeeping Act and the Danish Archiving Act. If you have consented to Lønmodtagernes Garantifond recording a conversation, we will delete this conversation after two months. You can always have the conversation deleted earlier by contacting Lønmodtagernes Garantifond.
Automated individual decisions
We can make decisions that are solely based on automated processing. The automated decisions are made by us retrieving information from public registries that are then compared by a computer programme with information in your case and this together determines whether your company should pay holiday pay that is past due or whether it should be the subject of a control.
What are your rights?
You can receive a copy of the data we process about you (insight). You can complain about us processing your personal data (objection).
You may also request:
to have your personal data rectified or erased
to have the data sent to you or someone else (data portability)
that we suspend the processing of your data.
And finally, you can object to us making automated decisions. If you ask to have your personal data erased, we may not be able to comply with your request. There may be conditions or limitations to the rights mentioned above. It is therefore not guaranteed that, for example, you have the right to have your personal data deleted in a specific context - this will depend on the specific circumstances in connection with the data processing. Among other things, this may be due to your personal data being used in a case involving a payment to a third party or for legal compliance reasons.
If you have questions
Do you have questions about your case? If you have questions concerning your case, please contact Lønmodtagernes Feriemidler.
Contact Lønmodtagernes Feriemidler
Do you have any questions about your personal data?
If you have any questions concerning our processing of your personal data or if you want to exercise your rights to, for example, get access to or correct your personal data, you can contact Lønmodtagernes Feriemidler.
Contact Lønmodtagernes Feriemidler
If you write to us, please write “Personal data” in the subject line.
Are you dissatisfied with the processing of your personal data?
You can contact the Data Protection Officer, if you think :
that you have not received a satisfactory response to your request for access to your personal data
that Lønmodtagernes Feriemidler has violated your rights.
LD Fonde’s data protection officer is DPO Team ApS. Contact them via the contact form on their homepage:
Contact the Data Protection Officer
If you disagree with the way that Lønmodtagernes Feriemidler is processing your personal data, you can also complain to the Danish Data Protection Agency.
Please note that the Danish Data Protection Agency is only a complaints body for Lønmodtagernes Feriemidler’s processing of your personal data - it does not handle complaints about the processing of your case itself.
If you disagree with how we have processed your case, you must contact Lønmodtagernes Feriemidler.
Legislation
Article 6(1)(e) of the General Data Protection Regulation (common personal data).
Article 9(2)(f)(1) of the General Data Protection Regulation (sensitive personal data).
Article 45(1) of the General Data Protection Regulation (transfers to safe non-EU/EEA countries).
Article 46(2)(a) of the General Data Protection Regulation (transfers to an unsafe non-EU/EEA country).
Article 49(1)(e) of the General Data Protection Regulation (transfers take place for legal compliance reasons).
Act concerning the amendment of the Danish Act on the Processing and Administration of Outstanding Holiday Pay (Lov om forvaltning og administration af tilgodehavende feriemidler), Act no. 58 of 30/01/2018 with amendments.
You can find the legal basis at www.retsinformation.dk and www.eur-lex.eu.
Read more about acts and executive orders in the section 'Legal guidance' at the top of the page.
