NORWAY
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Norway has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NORWAY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Norway has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
NORWAY
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Norway imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
NORWAY
Since June 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Regulations relating to the Export of Defence-Related Products, Dual-Use Items, Technology and Services
The "Regulations relating to the Export of Defence-Related Products, Dual-Use Items, Technology, and Services" harmonise Norway's export controls with those of the European Union by subscribing to the European Dual-Use Export Control Annex. The Annex identifies a range of dual-use items that face either authorisation requirements or outright bans for exportation outside of the EU.
Coverage Dual-use items
NORWAY
Since June 2018, entry into force in July 2018
Pillar Domestic data policies |
Indicator Framework for data protection
Act on the processing of personal data (Personal Data Act) (Lov om behandling av personopplysninger (personopplysningsloven))
The Act on the Processing of Personal Data (Personal Data Act) implements the General Data Protection Regulation (GDPR) of the European Union in Norway. In addition to companies established in the EU, the Regulation applies extraterritorially to companies offering goods or services to data subjects in the EU and companies that monitor the behaviour of EU citizens (Art. 3). Norway thus has a fully established framework for the protection of personal data.
Coverage Horizontal
NORWAY
Since June 2018, entry into force in July 2018
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Act on the processing of personal data (Personal Data Act) (Lov om behandling av personopplysninger (personopplysningsloven))
The Act on the Processing of Personal Data (Personal Data Act) implements the General Data Protection Regulation (GDPR) of the European Union in Norway. The GDPR requires that organisations conducting "regular and systematic monitoring of data subjects on a large scale" or whose activities include the processing of sensitive personal data on a large scale must appoint a Data Protection Officer (DPO).
Coverage Horizontal
Source
- ttps://web.archive.org/web/20231124003851/https://lovdata.no/dokument/NL/lov/2018-06-15-38?q=gdpr
NORWAY
Since June 2018, entry into force in July 2018
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Act on the processing of personal data (Personal Data Act) (Lov om behandling av personopplysninger (personopplysningsloven))
The Act on the Processing of Personal Data (Personal Data Act) implements the General Data Protection Regulation (GDPR) of the European Union in Norway. Under the GDPR, Data Protection Impact Assessments (DPIAs) are mandatory for data processing activities that are likely to result in a high risk to the rights and freedoms of natural persons.
Coverage Horizontal
NORWAY
Since May 2003, entry into force in July 2003
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Act No. 35 Relating to Certain Aspects of Electronic Commerce and Other Information Services (Electronic Commerce Act) (Lov om visse sider av elektronisk handel og andre informasjonssamfunnstjenester (ehandelsloven))
The Act on certain aspects of electronic commerce and other information society services (e-commerce law) implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Norway. The limitations on liability in the Directive apply to certain clearly delimited activities carried out by internet intermediaries rather than to categories of service providers or types of information. These are caching, conducting and hosting (Sections 16–18), while Section 19 releases ISPs from monitoring obligations.
In addition, ISPs are responsible for illegal content (including copyright infringement) if they obtain knowledge or awareness that such content is present and do not expeditiously remove or restrict access to the content. As a result, many ISPs have proactively introduced user agreements to allow them to remove any controversial content – including content that is not necessarily illegal – in order to protect themselves from liability. The Ministry of Culture is working on the implementation of Directive 2019/790 on Copyright in the Digital Single Market.
In addition, ISPs are responsible for illegal content (including copyright infringement) if they obtain knowledge or awareness that such content is present and do not expeditiously remove or restrict access to the content. As a result, many ISPs have proactively introduced user agreements to allow them to remove any controversial content – including content that is not necessarily illegal – in order to protect themselves from liability. The Ministry of Culture is working on the implementation of Directive 2019/790 on Copyright in the Digital Single Market.
Coverage Internet service providers
NORWAY
Since May 2003, entry into force in July 2003
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Act No. 35 Relating to Certain Aspects of Electronic Commerce and Other Information Services (Electronic Commerce Act) (Lov om visse sider av elektronisk handel og andre informasjonssamfunnstjenester (ehandelsloven))
The Act on certain aspects of electronic commerce and other information society services (e-commerce law) implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Norway. The limitations on liability in the Directive apply to certain clearly delimited activities carried out by internet intermediaries rather than to categories of service providers or types of information. These are caching, conducting and hosting (Sections 16–18), while Section 19 releases ISPs from monitoring obligations.
In addition, ISPs are responsible for illegal content (including copyright infringement) if they obtain knowledge or awareness that such content is present and do not expeditiously remove or restrict access to the content. As a result, many ISPs have proactively introduced user agreements to allow them to remove any controversial content – including content that is not necessarily illegal – in order to protect themselves from liability. Finally, Norway is obliged to implement Directive 2019/790 on Copyright in the Digital Single Market. However, it has not yet done so as of May 2022.
In addition, ISPs are responsible for illegal content (including copyright infringement) if they obtain knowledge or awareness that such content is present and do not expeditiously remove or restrict access to the content. As a result, many ISPs have proactively introduced user agreements to allow them to remove any controversial content – including content that is not necessarily illegal – in order to protect themselves from liability. Finally, Norway is obliged to implement Directive 2019/790 on Copyright in the Digital Single Market. However, it has not yet done so as of May 2022.
Coverage Internet service providers
NORWAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Norway has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
NORWAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Norway has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
NORWAY
Since January 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act (2020) (Lov om vern av forretningshemmeligheter (forretningshemmelighetsloven))
The Trade Secrets Act (2020) provides a framework for effective protection of trade secrets.
Coverage Horizontal
NORWAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Passive infrastructure sharing obligation
It is reported that passive sharing of telecom infrastructure is mandated and practised in both the mobile and fixed sectors. Moreover, Directive 2014/61/EU (Art. 3.2) has been incorporated into the European Economic Area (EEA) agreement, meaning it is technically required to be implemented in Norway.
Coverage Telecommunications sector
NORWAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Norwegian Government controls 53.97% of shares in Telenor directly, as well as an additional 4.72% via the Government Pension Fund of Norway. Nonetheless, Norway has established a market regulator in the Norwegian Communications Authority, which has gradually sought to reduce the country's dependence on Telenor's networks.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220310063611/https://www.telenor.com/investors/share-information/major-shareholdings/
- https://web.archive.org/web/20220707003120/https://www.regjeringen.no/en/dep/kdd/organisation/etater-og-virksomheter-under-kommunal--og-moderniseringsdepartementet/Subordinate-agencies-and-institution...
- https://web.archive.org/web/20240619182130/https://lovdata.no/dokument/NL/lov/2004-03-05-12/KAPITTEL_2#KAPITTEL_2
- https://web.archive.org/web/20221007013556/https://www.wto.org/english/tratop_e/tpr_e/s373_e.pdf
- Show more...
NORWAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Norway does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases: in some markets susceptible to ex-ante regulation, the SMP operator (Telenor) is obliged to report accounting separation.
Coverage Telecommunications sector
