NORWAY
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Norway has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
NORWAY
Since July 2018
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Act on the processing of personal data (Personal Data Act)
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 behavior of EU citizens (Art. 3). Norway thus has a fully established framework for the protection of personal data.
Coverage Horizontal
NORWAY
Since July 2018
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Act on the processing of personal data (Personal Data Act)
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 behavior 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 acts 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 acts as a self-certification system open to certain US companies for data protection compliance since July 2023.
Coverage Horizontal
NORWAY
Since January 2006
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Bookkeeping Act (2004)
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
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of 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 April 1997
Pillar Telecom infrastructure and competition |
Sub-pillar 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
NORWAY
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 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://www.telenor.com/investors/share-information/major-shareholdings/
- https://www.regjeringen.no/en/dep/kdd/organisation/etater-og-virksomheter-under-kommunal--og-moderniseringsdepartementet/Subordinate-agencies-and-institutions/norwegiancommunications/id443414/
- https://lovdata.no/dokument/NL/lov/2004-03-05-12/KAPITTEL_2#KAPITTEL_2
- Show more...
NORWAY
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that passive sharing of telecom infrastructure is mandated, and practiced 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
Since January 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Trade Secrets Act (2020)
The Trade Secrets Act (2020) provides a framework for effective protection of trade secrets.
Coverage Horizontal
NORWAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature 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) |
Sub-pillar Signature of the 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
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)
The Norwegian Copyright Act (2018) contains limited exceptions to copyright including temporary copies; copies for private use or educational purposes; quotation; parody and for people with disabilities. It does not, however, contain fair use or fair dealing rights broadly defined. As an European Economic Area (EEA) member, the European acquis of copyright law also applies in Norway.
Coverage Horizontal
NORWAY
Since January 1980
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Norway is a party to the Patent Cooperation Treaty (PCT).
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)
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 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