Database

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NORWAY

Since January 1999, last amended in December 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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

NORWAY

Since January 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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.
Coverage Horizontal

NORWAY

Since January 1980

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Norway is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NORWAY

Since July 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Act on copyright to intellectual property, etc. (Copyright Act) (Lov om opphavsrett til åndsverk mv. (åndsverkloven))
The Norwegian Copyright Act (2018) contains limited exceptions to copyright, including temporary copies, copies for private use or educational purposes, quotations, parodies, and for people with disabilities. It does not, however, contain fair use or fair dealing rights broadly defined. As a European Economic Area (EEA) member, the European acquis of copyright law also applies in Norway.
Coverage Horizontal

NORWAY

Reported in 2017, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been consistently reported since 2017 that rightsholders argue the authorities have not accorded sufficient priority to cases concerning copyright infringement and internet piracy. Furthermore, research published in 2023 revealed that 22% of viewers aged 15 to 74 in Norway had illegally streamed or downloaded films or television episodes within a single month, representing an increase from 18% in 2022.
Coverage Horizontal

NORWAY

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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

NIGER

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low of de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

NIGER

Since May 2015
Since October 2019

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2015-24 of 11 May 2015 determining the fundamental principles of consumer protection in the Republic of Niger (Loi No. 2015-24 du 11 Mai 2015 déterminant les principes fondamentaux de la protection des consommateurs en République du Niger)

Law No. 2019-50 of 30 october 2019 determining consumer protection offences and penalties (Loi No. 2019-50 du 30 octobre déterminant les infractions et leurs sanctions en matière de protection des consommateurs)
Law No. 2015-24 and Law No. 2019-50 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

NIGER

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications
Niger has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal

NIGER

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Niger 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

NIGER

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Niger has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

NIGER

Since December 2022

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 2022-059 of 16 December 2022, relating to the protection of personal data (Loi No. 2022-059 du 16 Décembre 2022, relative à la Protection des données à caractère personnel)
Law No. 2022-059 provides a comprehensive regime of data protection in Niger. This law repealed Law No. 2017-28, which was previously regulating data protection.
Coverage Horizontal

NIGER

Since December 2022

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law No. 2022-059 of 16 December 2022, relating to the protection of personal data (Loi No. 2022-059 du 16 Décembre 2022, relative à la Protection des données à caractère personnel)
According to Art. 13 of Law No. 2022-059, IT specialists or other employees of companies who are required to provide information to or testify before the High Authority for the Protection of Personal Data (HAPDP) are exempted from the obligation of professional secrecy. Art. 87 also specifies the supervisory powers of the sworn officers of the HAPDP and provides that they have access to the places, premises, facilities and installations used for the processing of personal data. The practical arrangements are yet to be laid down by decree. The necessity of a judicial warrant is not clearly settled.
Coverage Horizontal

NIGER

Since April 2019

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 2019-03 of 30 April 2019 on electronic transactions in Niger (Loi No. 2019-03 du 30 avril 2019, portant loi sur les transactions électronique au Niger)
Arts. 8-11 of the Law No. 2019-03 establishes a safe harbour regime for intermediaries for copyright infringements. Service providers operating as electronic communications operators cannot be held civilly or criminally liable for any content transmitted over their network or the network to which they provide access. They are not subject to a general obligation to monitor the information they transmit or store, nor to a general obligation to seek facts or circumstances to detect unlawful activities, with the exception of possible offences defined by the law on cybercrime.
Coverage Horizontal

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