Revenge sharing of intimate images after a breakup in Denmark
An intimate image shared during a relationship has been distributed online following the breakup, often with identifying information attached. This pattern is the original target case for state revenge porn statutes and the federal TAKE IT DOWN Act.
DK
jurisdiction
Straffel
primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Denmark, this conduct is prosecuted under Straffeloven § 264d. The civil erasure route runs through GDPR Article 17 (right to erasure) plus Databeskyttelsesloven and Datatilsynet. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Post breakup distribution typically occurs within the first 90 days after the relationship ends. The distribution is rarely random and often involves coordinated posting across multiple platforms.
Many ex partners attach identifying information including the victim's name, employer, school, or contact details. This identifying context creates additional civil claims beyond the NCII statutes.
Legal framework in Denmark
Straffeloven § 264d (unauthorised passing on of images of another's private affairs). Fine or imprisonment up to 6 months. Up to 3 years where aggravating circumstances exist.
Denmark prosecutes intimate image distribution under § 264d of the Criminal Code. The 2018 modernisation specifically addressed digital sharing and aggravated cases involving wide distribution carry sentences up to 3 years.
Evidence to preserve
- Full page screenshot of every URL where the content appears, including any attached identifying information
- The full communication history with the ex partner, especially any threats made before the distribution
- The dates of the breakup and the first appearance of the content online
- Any witnesses to the relationship who can attest to the original consent context for the images
Do not: Do not communicate with the ex partner during the active distribution period. Communications can be edited and selectively shared to suggest reconciliation or consent. All communication should be through counsel.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution.
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2
File the Straffeloven § 264d criminal complaint
Report to local police or the national cybercrime unit. Center for Digital Pædagogik can assist.
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3
Submit an erasure request under GDPR Article 17 (right to erasure) plus Databeskyttelsesloven
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. Datatilsynet accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Straffeloven § 264d (unauthorised passing on of images of another's private affairs)
- GDPR Article 17 (right to erasure) plus Databeskyttelsesloven
- US TAKE IT DOWN Act for any covered platform
- State revenge porn statutes which exist in 48 states with criminal penalties
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is revenge after breakup a crime in Denmark?
Yes. Straffeloven § 264d (unauthorised passing on of images of another's private affairs) criminalises this conduct. Fine or imprisonment up to 6 months. Up to 3 years where aggravating circumstances exist.
What evidence should a Denmark victim of revenge after breakup preserve?
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution. The dates of the breakup and the first appearance of the content online. Any witnesses to the relationship who can attest to the original consent context for the images.
Does GDPR Article 17 (right to erasure) apply to this scenario?
Yes. GDPR Article 17 (right to erasure) plus Databeskyttelsesloven gives the victim a direct erasure right against any platform processing the imagery. Datatilsynet enforces non compliance.
What support is available in Denmark for revenge after breakup?
Center for Digital Pædagogik provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://cfdp.dk.
Can a Denmark victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Straffeloven § 264d and GDPR Article 17 (right to erasure) plus Databeskyttelsesloven.
Remove every copy now
One scan. Coordinated removal under Straffeloven § 264d, GDPR Article 17 (right to erasure) plus Databeskyttelsesloven, and the TAKE IT DOWN Act.
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