Last updated: August 21, 2023
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits smoking in indoor workplaces (a term which is not defined). However, smoking areas and cabins may be established. Other types of workplaces addressed separately in the law, including residential care facilities, hospitals, shops, and restaurants, also allow the establishment of smoking areas or smoking cabins. Further, smoking may be permitted in cranes, company cars, and other commercial vehicles that only serve as a workplace for a single person at a time. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.
All indoor public places
The law prohibits smoking in indoor locations to which the public has access. However, smoking areas and smoking cabins may be established. Other types of indoor public places addressed separately in the law, including residential care facilities, hospitals, shops, and restaurants, also allow the establishment of smoking areas or smoking cabins. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.
All public transport
The law prohibits smoking in means of mass transport (an undefined term) and taxis. However, smoking areas and smoking cabins may be established on passenger ships. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport.
Government facilities
The law does not explicitly address smoking in government facilities. The law prohibits smoking in workplaces, institutions and schools for children and adolescents, other educational institutions, indoor facilities to which the public has access, means of mass transportation and taxies, and food service areas. However, the law permits smoking in cranes, company cars, and other commercial vehicles that only serve as a workplace for a single person. Also, smoking areas and smoking cabins may be established in indoor workplaces, indoor locations that have public access, and indoor service areas. As smoking is permitted in locations that can be interpreted as government facilities, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all government facilities.
Private offices
The law prohibits smoking in indoor workplaces, which is interpreted to include private offices. This provision also applies when the workplace is a private home. However, private offices may establish smoking areas and smoking cabins in communal areas. Therefore, the regulatory status “Smoking is Restricted” is given.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to individual private offices.
Hospitals
The law provides that smoking is prohibited in facilities covered by the law, including indoor workplaces and indoor facilities to which the public has access, unless otherwise stated. The law provides that “hospitals and similar institutions may, in fairly exceptional cases, allow patients and family members to smoke.” Because smoking is not completely prohibited in hospitals, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely prohibit smoking in hospitals.
Residential healthcare facilities - public areas
The law provides that smoking is prohibited in facilities covered by the law, including indoor workplaces and indoor facilities to which the public has access, unless otherwise stated. In nursing homes, 24-hour care centers, and similar institutions, the individual resident may decide whether smoking is permitted in the room or the residential unit serving as their private home. The law is silent regarding public areas of these residential healthcare facilities. However, the law allows for smoking areas and smoking cabins to be established in “indoor workplaces” and “indoor locations to which the public has access”. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include non-residential healthcare facilities. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits smoking in childcare facilities and preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The law prohibits smoking indoors in children’s institutions and schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include universities and vocational facilities. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all universities and vocational facilities.
Shops
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include shops. However, the law allows smoking areas and smoking cabins to be established in these places.. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all shops.
Cultural facilities
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include cultural facilities. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all cultural facilities.
Indoor stadium/arenas
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include indoor stadiums/arenas. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor stadiums and arenas.
Restaurants
The law prohibits smoking is in areas of restaurants where food or drink is served. Restaurants may establish smoking areas and smoking cabins, where food and drink service are not provided. However, guests may be allowed to bring their own beverages into smoking areas and cabins. Because smoking areas are allowed, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all restaurants.
Bars/pubs/nightclubs
The law provides that smoking may be permitted indoors in small, traditional pubs and establishments: 1) that hold a liquor license, 2) where actual food (in the proper sense of the word) is not served, 3) where the service area is smaller than 40 m2 and 4) where there are tables and chairs in the service area. Therefore, the regulatory “Smoking is Restricted" is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all bars, pubs and nightclubs.
Casinos
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include casinos. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all casinos.
Hotels/lodging - public areas
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include hotels/lodging – public areas. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of hotels.
Hotels/lodgings - guest rooms
The law provides that smoking may be permitted for guests in “hotel rooms, cabins, and similar locations where overnight guests are accommodated on a commercial basis.” Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all guest rooms in hotels and lodging facilities.
Prisons/detention facilities - public areas
The law prohibits smoking in indoor workplaces and indoor facilities to which the public has access, which is interpreted to include prisons/detention facilities – public areas. However, the law allows smoking areas and smoking cabins to be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking in means of mass transport, which is interpreted to include trains, buses and other shared ground transportation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport.
Taxis (for-hire vehicle)
The law prohibits smoking in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
The law prohibits smoking in means of mass transport, which includes commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The law prohibits smoking in means of mass transport and Danish vessels, which includes commercial watercraft. Smoking may be permitted on ships in areas that serve as private accommodations for one person at a time. In addition, smoking may be permitted in smoking areas and smoking cabins on passenger ships. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all parts of commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking in “indoor locations to which the public has access”, which is interpreted to include public transport facilities. However, smoking areas and smoking cabins may be established in these places. Therefore, the regulatory status “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport facilities.
Drop-in centers, shelters and similar services for vulnerable citizens
The law provides that smoking may be permitted in drop-in centers, shelters and similar services for vulnerable citizens, where there is only a single common room for users.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all drop-in centers, shelters and similar services for vulnerable citizens.
Cranes, company cars, and other commercial vehicles that only serve as a workplace for a single person at a time
The law provides that smoking may be permitted in cranes, company cars, and other commercial vehicles that only serve as a workplace for a single person at a time.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in workplaces, including cranes, company cars, and other commercial vehicles that only serve as a workplace for a single person at a time.