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The Law On Certain Aspects Of Electronic Commerce And Other Information Society Services (Ehandelsloven)

Original Language Title: Lov om visse sider av elektronisk handel og andre informasjonssamfunnstjenester (ehandelsloven)

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Law on certain aspects of electronic commerce and other information community services (ecommerce law).

Date LO-2003-200-05-23-35
Ministry of The proximity and the fisheries Department
Last modified LAWSUIT-2011-11-18-42 from 01.01.2012
Published In 2003 booklet 7
Istrontrecation 01.07.2003
Changing
Announcement
Card title The Ecommerce Act-e-hl.

Jf. EES deal Attachment XI No 5m (dir 2000 /31/EF) about electronic commerce.

SECTION 1. Law's purpose and scope

The law applies to electronic commerce and other information community services and public government regulation of and control with such services. The law has for purposes to ensure free mobility of information community services within the European Economic Economic Area (EPS).

An information community is

a) any service that is typically totes against resettlement and as well-served electronic, over distance and by individual request from a service receiver, as well as
b) any service that consists in providing access to, or transfer information over, an electronic communications net, or in being nethosted for data provided by the service engine.

Talearphones and facsimile and telecom services do not go into under the law.

The king can give regulation on what counts as an information community.

The king can give regulation that the law completely or partly shall apply to Svalbard and Jan Mayen.

SECTION 2. Exceptions from the scope of the law

The law does not receive the Applicability of :

a) The tax area,
b) the treatment of personal information by the Privacy Act with regulation, the process of compliance and law 23. June 2000 # 54 about edb-based reservation systems for passenger transport mv.,
c) questions about agreements or practices that are regulated by the competition law and the EES agreement articles 53 and 54,
d) business as the notary publicus after law 26 April 2002 # 12 about the notary publicus,
e) representation of a client and the guardian of the person's interests at the courts,
f) game business with monetary efforts in hagardplay, therunder lotteries and bets, jf. law 1. July 1927 # 3 about bets by totalizer, law 28 August 1992 No. 103 about money games m.v. and law 24. March 1995 No. 11 about the lotteries m.v.
0 Modified by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400).
SECTION 3. Definitions

In this law, it is meant by :

a) service provider : a physical or legal person offering information community services,
b) service receipt : a physical or legal person who uses an information community,
c) Establisation site : a fixed business place in which the financial business as the appropriate information community service relates to, actual athletes,
d) the coordinated rule area : national rules that are demanding information community services and to service providers when it comes to establishing and operation of information community services,
e) consumer : a physical person who doesn't primarily act as joints in business.
SECTION 4. Information Community Services from Norway

A service provider with establishment site in Norway shall within the coordinated rule area follow Norwegian right, whether the service completely or partially corrects against service of service to the service of any other state within the EPS.

SECTION 5. Information community services from a different state within the EPS

A service provider with establishment site in a different state within the EPS has without the hurdles of Norwegian rules within the coordinated rule area the right to offer information community services to service receipts in Norway.

The first clause is yet to hinder that a court or other authority, when this follows by other legislation, may limit the adage of providing specific information community service, so far the tiv is required to protect :

a) the public order, especially prevention, investigations and judicial tracking of penalties, protection of minors, and protection against attacks on individual human rights and against solicitation of hatred on the basis of race, gender, religion, or nationality,
b) the health,
c) the public safety, herunder the protection of the national security and the national defense, or
d) consumers, co-counted investors so far these are consumers.

Prior to the ban as mentioned in other clause is closed, must

a) the state in which the service provider has its establishment site, be advised to put in works measures without the fact that this has been sufficient to protect the purposes mentioned in other joints, and
b) The EFTAs Watch organ (ESA) and the person state subrecorrected that such a ban will be closed down.

The rules in the third clause do not apply to cases for the courts or for measures in the investigation of criminal penalties. They may also be able to deviate if there is danger of stay, but then ESA and the person will be able to immediately be able to inform about this and about the obvious ban.

The king can give regulation on who is going to have subdirection after third and fourth joints and about the content of the subdirection.

SECTION 6. Exception from Section 4 and 5

The rules of Section 4 and 5 are not allowed to apply at :

a) agreements on the legislof Law for a contract,
b) Law selection in insurance, jf. law 27. September 1992 # 111 of the Law Selection in Insurance Section 4 to 10,
c) contract terms in consumer agreements,
d) inalienable formalrequirements for agreements that staining or transfer rights in fixed property,
e) intellectual property rights,
f) electronic submission of unrequested advertising,
g) marketing of shares in value paper fund, jf. law 12. June 1981 # 52 1 about value paper funds,
h) issuance of electronic money by an institution that goes in under an exception given in the co-fund of the funding enterprise 2 Section 4c-3 third clause, and
in) insurance business that is excluding in accordance with the regulation [ s ] att of the ministry.
0 Modified by law 18 nov 2011 # 42 (ikr. 1 jan 2012 ifg. res. 18 Nov 2011 # 1107).
1 Raised, see now law 25 nov 2011 No. 44.
2 Raised, see now law 10 apr 2015 number 17.
SECTION 7. Offers against claims of pre-approval

A service provider can offer information community services without any pre-approval or similar permission that exclusively has its reason in the offer of information community services.

Requirements for permission to use limited resources by the comlaw, jf. The chapters 6 and 7, apply without the obstacle of the first clause.

0 Modified by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400).
SECTION 8. The service provider's information-like about the business

A service provider should at the athlete of their business always provide information on the name, address, electronic mail address, and other information that allows to get in direct connection with the service provider. In addition, the service provider shall illuminate :

a) the enterprise registry where the service provider has been registered, as well as the service provider's organization number and whether the business is mervalue tax liquidly, and
b) any approvals required to carry out the business and name and address on the appropriate approval authority.

By occupational business as directly or indirectly by law or regulation is conditioned by the fact that the person is the holder of a diploma or educational evidence, the service provider should also illuminate :

a) its professional title and in which member state it is given,
b) what rules for occupational performance that apply to the service provider, and
c) where the service engine can be accessed by the rules mentioned in letter b.

The information after the first and second clause shall be made easy and directly accessible to service engine takers and public authorities.

The provisions do not receive the Applicability of service providers that only offer services that consist in transferring information over an electronic communication net.

SECTION 9. The service provider's information policy is similar to electronic marketing

By electronic marketing, it should be clear who the marketing is happening on behalf of ; the irdes unrequested marketing by electronic mail, it should progress that the messages contain marketing as the messages are received.

If prices are indicated in connection with an information community, it shall be disclosed on charges of fees and delivery charges. In consumer relationships, it shall be disclosed whether the total costs the consumer will pay, co-calculated all fees and delivery costs, with less information about the price of the service is regulated in other legislation.

Commercials offer, such as discounts, prizes and gifts, should easily be able to be identified. Information on terms to take advantage of the offers should be clear and easily accessible.

Sales enhancing competitions or games should be easily identified. Details of terms to participate in the competiencies or games should be ready and easily accessible.

The marketing above regulations apply as well as the provisions of the Paragrfen here.

SECTION 10. Pliked to respect reservation records mv.

A service provider that has establishment site in Norway, and as unrequested marketing inquiries by electronic mail to recipients in other states within the EPS, shall examine and respect registries in which it wishes or does not wish email advertising can register.

SECTION 11. Enlightenment prior to electronic booking

Prior to electronic order, the service provider shall be on a clear, understandable, and unambiguous way of providing service engine information about :

a) relevant behavioural rules that the service provider follows and about and where these are available electronically,
b) the different technical stages associated with the appointment of the appointment,
c) whether an agreement reached agreement will be filed by the service provider, and whether it will be available,
d) the technical funds to find and correct input errors before booking has been made,
e) the language of the language can be entered.

Agreement terms, standard terms and general terms, must be made available to the service engine of the service in a way that allows to store and render them.

The service provider shall facilitate the online appointment so that input failure in a simple way can be detected and corrected before the agreement is made.

First and third joints do not apply to agreements exclusively by electronic mail or equivalent individual communication, and can be demadikes in agreement outside of consumer relationships.

SECTION 12. Reception and confirmation of booking

If a service engine is conducting an order electronically, the service provider should always and without any unwarranted stay sending an electronic confirmation that ordering has been received.

Booking and confirmation that avalising electronically is deemed to be received when the party to which it is addressed has access to it.

The first clause does not apply to agreements exclusively made by electronic mail or equivalent individual communication.

First and other clause can be waived in agreement outside of consumer relationships.

SECTION 13. Responsibility for information and guidance

The Ministry shall in regulation designate contact points that are available electronically and as service engines and service providers can address to obtain :

a) general information about its contractual rights and obligations, as well as about complaint and replacement arrangements by disputes and about the future of the use of these,
b) further details of government, composition and organizations that may provide further information or practical assistance.

The Ministry can provide regulation on the business in the contact points that are being pointed out after the first clause.

SECTION 14. Cooperation with other EDS states

The Ministry is responsible for cooperation with other EES states.

SECTION 15. Replacement and penalty liability for service provider

For service provider who transfer information, access to a communications network or store information applies to the common legal rules of replacement liability and penalty liability if nothing else follows by Section 16-18.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # 400), after the changes by law 20 feb 2004 # 8 no longer contains the eutrade law on the former Section 15 of the Commencement. The law stepped according to earlier Section 15 in effect from the time the King decides, i.e. from 1 July 2003 ifg. res. 23 May 2003 # 628.
SECTION 16. Responsibilities of certain transfer and access services

A service provider that transfers information for a service receipt in a communications network is not criminal or replacement law responsible for the content of the transmitted information, provided that

a) The transfer does not start with the service provider,
b) The service provider does not even select the recipient of the transfer and
c) The service provider does not even decide or change the information transmitted.

Transfer as mentioned in the first clause also includes automatic, intermediate and short-lived storage of the transmitted information, provided that

a) the save exclusively serves to the transfer of the transfer and
b) The save does not last longer than what is necessary for such transmission.

The provisions of the first and second clause apply to the equivalent of service providers whose service consists in providing access to a communications network.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400).
SECTION 17. Responsibilities of certain spill services

A service provider as mentioned in Section 16 first clause is not criminal or replacement law responsible for the content of information that automatically, intermediate and temporarily stored exclusively to make the transfer to other service engine takers more effective, provided that the service provider

a) not even determines or change the information transmitted,
b) comply with terms of access to the information,
c) comply with ordinary accepted rules for update of the information and
d) do not intervene in the legal Applicability of ordinary recognized technology, in the intent to achieve data on the use of the information.

Responsibilities after the first clause only applies if the service provider without undue stay removes or inhibit access to the stored information when service provider has received knowledge that a court, a public authority or a special organ designated of the ministry in regulation has issued the injunction to remove or suspend access to the information. The same applies when service provider has received the subdirection that the information has been removed from the origin site or that access to the information has been suspended.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400).
SECTION 18. Responsibilities of certain storage services

A service provider that stores information on solicitation from a service receipt can only

a) is punishable for storing illegal information or complicity into illegal business by storing information, if he has suspended resolutions, or
b) is held in charge of storage of illegal information or complicity into illegal business by storing information, if he has expelled resolutions or gross negligence.

The service provider is in all case of straffree or free from replacement liability if he without due stay hits necessary measures to remove or suspend access to the information after the foreset or the crude negligence after the first clause It was.

A service provider is not responsible for this paragraph if the service engine is acting on the service's behalf or under his control.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400).
SECTION 19. Watch mv.

The provisions of Section 16 to 18 do not entail that the service provider has an overall obligation to control or monitor the information that is stored or transmitted on solicitation from a service receipt, or an overall obligation to examine conditions suggests illegal business.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # 400), modified by law 17 June 2005 # 104 (ikr. 1 July 2005 ifg. res. 17 June 2005 # 584).
SECTION 20. Enlay that the violation shall cease or be prevented

The provisions of Section 16-18 are not an obstacle to the fact that a court or a management authority on any basis other than this law requires that the service provider bring a violation to termination or prevent it.

0 Added by law 20 feb 2004 # 8 (ikr. 1 March 2004 ifg. res. 20 Feb 2004 # $400). See note at Section 15.