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
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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NORWAY
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 in the WTO Government Procurement Agreement (GPA)
Although Norway is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), which is an important services sector for digital trade.
Coverage Telecommunications-related services
NORWAY
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that the Norwegian investment regime encourages foreign investment as a general policy, granting national treatment to foreign investors. Although Norway's investment regime is based on the principle of national treatment, there are ownership restrictions on some natural resources and specific activities, such as fishing, shipping and road transport.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231003021226/https://www.state.gov/reports/2023-investment-climate-statements/norway/
- https://web.archive.org/web/20231002030700/https://www.state.gov/reports/2022-investment-climate-statements/norway/
- https://web.archive.org/web/20231203172637/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/norway
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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
NIGERIA
Since November 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Nigeria Data Protection Regulation 2019: Implementation Framework
According to Section 3.5 of the Implementation Framework of the Nigeria Data Protection Regulation, multinational corporations with a subsidiary in Nigeria are mandated to appoint a dedicated Data Protection Officer (DPO) who resides in Nigeria and has direct access to the organisation's management team in the country. This requirement applies to organisations classified as data controllers under any of the following conditions:
- The entity is a governmental body, ministry, department, institution, or agency;
- The organisation’s core activities involve the processing of personal data relating to more than 10,000 data subjects annually;
- The organisation routinely processes sensitive personal data as part of its operations; or
- The organisation holds critical national information infrastructure, as defined under the Cybercrimes Act or any subsequent amendments, which includes personal data.
- The entity is a governmental body, ministry, department, institution, or agency;
- The organisation’s core activities involve the processing of personal data relating to more than 10,000 data subjects annually;
- The organisation routinely processes sensitive personal data as part of its operations; or
- The organisation holds critical national information infrastructure, as defined under the Cybercrimes Act or any subsequent amendments, which includes personal data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220806211310/https://taxtech.com.ng/download/Nigeria%20Data%20Protection%20Regulation%202019%20Implementation%20Framework.pdf
- https://iclg.com/practice-areas/data-protection-laws-and-regulations/nigeria
- https://www.dataguidance.com/notes/nigeria-data-protection-overview
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NIGERIA
Reported in 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Local presence requirement for digital companies
It is reported that the Nigerian government is increasingly “encouraging” digital companies to establish a physical presence in the country. In 2023, a digital firm, which had its access to the Nigerian web space revoked for an unrelated matter, was required to set up a local office as part of the negotiations to regain its access.
Coverage Horizontal
NIGERIA
Since 2018
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Federal Competition and Consumer Protection Act, 2018
The Federal Competition and Consumer Protection Act, 2018 provides the general framework for consumer protection in Nigeria. However, it is reported that the non-existence of a law on electronic transactions in Nigeria has created an unpredictable legal environment for e-commerce.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211230153419/https://placng.org/i/wp-content/uploads/2019/12/Federal-Competition-and-Consumer-Protection-Act-2018.pdf
- https://web.archive.org/web/20231206142209/https://www.gelias.com/images/Newsletter/Electronic_Signatures_in_Capital_Market_Transactions_-_Moving_Forward.pdf
- https://www.interesjournals.org/full-articles/the-problems-and-prospects-of-e-transaction-the-nigerian-perspective.pdf?view=inline
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