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
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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
NORWAY
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Norway has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=9809,79060,6025,5075,10853,14215,14183&CurrentCatalogueIdIndex=1&FullTextHash=&HasEnglishRecord=True&HasFrenchR...
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
NORWAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Norwegian Communications Authority (Nkom), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
NORWAY
Since November 2004, entry into force in January 2006
Pillar Cross-border data policies |
Indicator Local storage requirement
Bookkeeping Act (Bokføringsloven)
The Norwegian Bookkeeping Act (Section 13) establishes local storage requirements for accounting data. However, exemptions can be sought – and are regularly granted – if adequate storage facilities cannot be found in Norway. Under an exemption, companies may store their data offshore so long as it can still be accessed by the Norwegian Tax Administration if required.
Coverage Horizontal
NORWAY
Since June 2018, entry into force in July 2018
Pillar Cross-border data policies |
Indicator Conditional flow regime
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 European Economic Area (EEA), the Regulation applies extraterritorially to companies offering goods or services to data subjects in the EEA and companies that monitor the behaviour of EEA citizens (Art. 3).
The Regulation mandates that data is allowed to flow freely outside the European Economic Area (EEA) only in certain circumstances listed in Chapter 5 of the Regulation. The main conditions for such a transfer are the following: the recipient jurisdiction has an adequate level of data protection; the controller adduces adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or, the transfer is necessary for the performance of a contract between the data subject and the controller.
The GDPR allows for data transfers to countries whose legal regime is deemed by the European Commission to provide for an “adequate” level of personal data protection. The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, and Uruguay as providing adequate protection. In addition, the EU-US Data Privacy Framework has acted as a self-certification system open to certain US companies for data protection compliance since July 2023.
The Regulation mandates that data is allowed to flow freely outside the European Economic Area (EEA) only in certain circumstances listed in Chapter 5 of the Regulation. The main conditions for such a transfer are the following: the recipient jurisdiction has an adequate level of data protection; the controller adduces adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or, the transfer is necessary for the performance of a contract between the data subject and the controller.
The GDPR allows for data transfers to countries whose legal regime is deemed by the European Commission to provide for an “adequate” level of personal data protection. The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, and Uruguay as providing adequate protection. In addition, the EU-US Data Privacy Framework has acted as a self-certification system open to certain US companies for data protection compliance since July 2023.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231124003851/https://lovdata.no/dokument/NL/lov/2018-06-15-38?q=gdpr
- https://web.archive.org/web/20231231080658/https://gdpr-info.eu/
- https://web.archive.org/web/20220816175151/https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_en
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NORWAY
Signed in July 2021, entry into force in December 2021
Signed in June 2023, entry into force in November 2024
Signed in June 2023, entry into force in November 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland
Free Trade Agreement Between The EFTA States And The Republic of Moldova
Free Trade Agreement Between The EFTA States And The Republic of Moldova
Norway has joined two agreement with binding commitments to open transfers of data across borders. These include: Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland (Art. 4.11.1), and the Free Trade Agreement Between The EFTA States And The Republic of Moldova (Art. 5.11)
Coverage Horizontal
Sources
- https://web.archive.org/web/20220710005929/https://www.regjeringen.no/contentassets/70cab61673f74ad88aad40dbbb96fe34/free-trade-agreement-betweeniceland-the-principality-of-liechtenstein-and-the-kingd...
- https://www.efta.int/trade-relations/free-trade-network/united-kingdom
- https://www.efta.int/trade-relations/free-trade-network/moldova
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NORWAY
Since January 1999, last amended in December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Public Limited Liability Companies Act (Lov om aksjeselskaper (aksjeloven))
Under Art. 6.11 of the Public Limited Liability Companies Act, at least half of the board members, along with the managing director, of a Limited Liability Company must reside in Norway or be citizens and residents of a European Economic Area (EEA) country.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241115200701/https://lovdata.no/dokument/NL/lov/1997-06-13-44?q=Allmennaksjeselskaper
- https://web.archive.org/web/20220216111404/https://www.oslobors.no/ob_eng/obnewsletter/download/20fd77664bccdf3f6b8cb0dc95eeb7bb/file/file/Norwegian%20Public%20Limited%20Liability%20Companies%20Act.pd...
NORWAY
Since January 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
National Security Act (Security Act) (Lov om nasjonal sikkerhet (sikkerhetsloven))
Norway's National Security Act gives authorities extensive powers to block foreign investments in accordance with national security interests. These interests are broadly defined and also include national financial stability and autonomy. According to Art. 10 of the Act, any person who wishes to acquire a qualified ownership interest in an undertaking which is subject to the act shall notify the ministry accordingly. In cases where the undertaking does not fall within the area of responsibility of any ministry, such notice shall be given to the National Security Authority.
A qualified ownership interest exists if the acquisition will, overall, give the acquirer, either directly or indirectly,
(i) At least one-third of the share capital, participating interests or votes in the undertaking;
(ii) The right to own at least one-third of the share capital or participating interests, or;
(iii) Significant influence over the management of the company otherwise.
The ministry will then have sixty business days to decide whether to approve or prohibit the relevant transaction. In addition, the law is not sector-specific but rather targets companies that have been brought into the scope of the law on a case-by-case basis.
A qualified ownership interest exists if the acquisition will, overall, give the acquirer, either directly or indirectly,
(i) At least one-third of the share capital, participating interests or votes in the undertaking;
(ii) The right to own at least one-third of the share capital or participating interests, or;
(iii) Significant influence over the management of the company otherwise.
The ministry will then have sixty business days to decide whether to approve or prohibit the relevant transaction. In addition, the law is not sector-specific but rather targets companies that have been brought into the scope of the law on a case-by-case basis.
Coverage Horizontal
NORWAY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
NORWAY
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Norway is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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NORWAY
Since January 2017, last amended on March 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Regulations on public procurement (procurement regulations) - Lov om offentlige anskaffelser (anskaffelsesloven)
The Public Procurement Act grants rights to engage in public procurement only to those public and private enterprises "as defined in international agreements to which Norway is bound". This restricts public procurement to partners in regional trade agreements and members of the WTO's Government Procurement Agreement.
Coverage Horizontal
NORWAY
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok and Telegram
In March 2023, Norway's parliament (Storting) banned TikTok and Telegram from all work devices with access to parliamentary systems, following a similar decision by the government earlier that week. The move was based on recommendations from the National Security Authority (NSM), which cited security concerns related to data access and potential foreign influence. The ban applies to members of parliament and staff, who were instructed to remove the apps promptly. Additionally, the city governments of Oslo and Bergen urged municipal employees to delete TikTok from their work phones. These actions align Norway with other Western governments implementing similar restrictions on the Chinese-owned platform.
Coverage TikTok and Telegram
Sources
- https://www.sciencenorway.no/china-politics-security/top-politicians-are-not-allowed-to-have-tiktok-on-their-phones-but-why/2176975?utm_source=chatgpt.com
- https://www.thelocal.no/20230324/norwegian-parliament-joins-the-government-in-tiktok-ban
- https://time.com/6971009/tiktok-banned-restrictions-worldwide-countries-united-states-law/
- https://www.context.news/big-tech/us-tiktok-ban-which-other-countries-have-banned-the-app
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