Order on requirements
Order on requirements for information and consent for storage of or access to information on end-user terminal equipment1)
Pursuant to § 9 and § 81 paragraph. 2 of Law no. 169 of 3 March 2011 on electronic communications states:
§ 1. Purpose and scope
Notice purpose is to protect end-users against improper storing of information, or the gaining of access to information already stored, in the end user terminal equipment.
§ 2. For the purposes of this Order:
1) Terminal equipment:
A product or relevant component thereof which enables communication and is intended to be directly or indirectly connected to the network termination points in public electronic communications.
2) End user:
Use of electronic communications networks or services that are not on a commercial basis make such electronic communications networks or services available to others. The definition also includes recipients.
3) Information and content service:
Any kind of electronic provision of information or content by other end users access via electronic communications networks or services on the basis of an individual request.
4) Information society (information society services):
Any service that has a commercial purpose and that is delivered online (electronically over a certain distance) at the individual request of a recipient.
5) Service provider:
A natural or legal person providing an information society.
6) Legal person:
Public and private limited and cooperatives, partnerships, associations, foundations, municipalities, regions and state authorities etc.
7) Third party:
A natural or legal person who has the storing of information, or the gaining of access to information already stored, in an end-user terminal equipment via an information and content service as the natural or legal person is provider.
8) Consent:
Any freely given specific and informed indication of his wishes by which the end user agreement to stored information or obtained access to information already stored in the end user terminal equipment.
PCS. 2. The definitions referred to in paragraph. 1 pt. 2 and 3, shall be construed in accordance with the definitions in the Act on Electronic communications networks and services and regulations established thereunder.
The storage of or access to information in the terminal equipment
§ 3. Information storing
Natural or legal persons may not store information or gain access to information already stored, in an end-user terminal equipment or allow third-party store information or gain access to information if the end user does not consent, after having received complete information on the storage of or access to data.
PCS. 2. Information, see. Paragraph. 1, is appropriate when the minimum
1) appear in a clear, precise and easily understandable or similar picture writing,
2) contains information on the purpose of storage of or access to data in the end user terminal equipment,
3) contains information that identifies any natural or legal person who has the storage of or access to information,
4) contains a readily available access for the end user to refuse consent or withdraw consent to the storage of or access to data and a clear, precise and easily understandable guidance on how the end user uses such access and
5) is immediately available to the end user by integrating and clearly to be announced this. In addition, the information when there are storage or access for the end user's terminal equipment through an information and content service, be persistent accessible to end users by a direct and clearly marked access to the information and content service.
§ 4. Information storing
Notwithstanding § 3, natural or legal persons store information or gain access to information already stored, in an end user's terminal equipment, if
1) the storage of or access to information has the sole purpose of transferring a communication over an electronic communications network or
2) the storage of or access to data is required to enable the provider of an information society by the end user explicitly requested able to provide this service.
PCS. 2. Storage of or access to data in an end-user terminal equipment is required, see paragraph. 1 pt. 2, if the storage of or access to information is a technical prerequisite to deliver a service that works in accordance with the purpose of the service.
§ 5. Penalty that violate § 3rd
PCS. 2. There may be imposed on companies etc. (Legal persons) under the rules of the Penal Code Chapter 5.
§ 6. This Order shall enter into force on 14 December 2011.
Business and Growth Ministry, December 9, 2011 - Ole Sohn