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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The law on certain aspects of electronic commerce and other information society services (ehandelsloven).

Date law-2003-05-23-35 Ministry industry and Fisheries Ministry Recently changed LAW-2011-11-18-42 from 01.01.2012 published in 2003 booklet 7 entry into force 01.07.2003 Change Announced short title Ehandelsloven-e-hl.

CF. EEA Agreement annex XI Nr. 5 m (dir 2000/31/EC) on electronic commerce.

§ 1. The purpose and scope of the law applicable to electronic commerce and other information community services and public authorities ' regulation of and control of such services. The law shall ensure the free movement of information society services within the European economic area (EEA).
An information community service is a) any service that normally provided against remuneration and transmitted electronically, over the distance and after individual request of a service receiver, as well as b) any service that consists in providing access to, or transfer the information over, an electronic communications networks, or in being Web hosting for data provided by the service recipient.

Voice telephony and fax-and telekstjenester does not enter under the law.
The King can give the regulations on what is considered an information community service.
The King can give regulations for that law in whole or in part, to apply to Svalbard and Jan Mayen.

§ 2. The exception from the scope of the law shall not apply to: a) the taxation area, b) processing of personal data according to the personal data act with regulations, electronic communications act with regulations and law 23. June 2000 Nr. 54 if the software-based reservation systems for passenger transport etc.., c) questions about the agreements or practices that governed by competition law and the EEA agreement articles 53 and 54, d) business as a notary public by law 26. April 2002 Nr. 12 if the notary public, e) representation of a client and the safeguarding of their interests by the courts, f) game business with the money bet in gambling, including lotteries and betting, jf. Law 1. July 1927, Nr. 3 about the bet by totalizator, law 28. August 1992 Nr. 103 on cash games etc. and allowed 24. March 1995 No. 11 about lotteries, etc.

§ 3. Definitions in this law is meant by: a) service provider: a physical or legal person that provides the information community services, b) service recipient: a physical or legal person who uses an information society service, c) place of establishment: a fixed place of business where the financial business that the relevant information relating to community service, in fact exercised, d) the coordinated the rule scope: national rules which stipulate to the information society services and to the service provider when it comes to the creation and operation of the information community services , e) consumer: a natural person that are not mainly trades as part of business activities.

§ 4. Information community services from Norway A service provider with a stage place in Norway to be within the coordinated rule the area follow Norwegian law, regardless of whether the service in whole or in part, target service recipients in another State within the EEA.

§ 5. Information society services from another State within A service provider with the place of establishment in another State within the EUROPEAN ECONOMIC AREA has without hindrance of Norwegian rules within the coordinated the right to rule the area offer information community services of service recipients in Norway.
The first paragraph is not, however, preclude a court or other authority, when this follows from other legislation, can limit the access to offer a particular information community service, so far the measure is necessary to protect: a) the public order, in particular the prevention, investigation and the justice tracking down of criminal matters, protection of minors, and guard against attacks on individual human dignity and against incitement to hatred on the basis of race , sex, religion or nationality, b) public health, c) the public security, including the protection of national security and the national defense, or d) consumers, including investors so far these are consumers.

Before the ban, as mentioned in the second paragraph is added, a) the State where the service provider has its place of establishment, be encouraged to take steps without that this has been sufficient to protect the purposes mentioned in the second paragraph, and b) the EFTA Surveillance Authority (ESA) and the State concerned under that corrected such a ban will be closed down.

The rules of the third paragraph does not apply to cases for the courts or for measures in the investigation of criminal matters. They can also be waived if there is a danger of stay, but then the State concerned ESA and be informed as soon as this and if it discontinued the ban.
The King can give the regulations about who should have the notification after the third and fourth paragraphs, and about the content of the underretningen.

section 6. Exception from sections 4 and 5 the rules in sections 4 and 5 shall not apply to: a) agreements on the choice of law for a contract, b) choice of law in insurance, cf.. Law 27. September 1992 No. 111 about choice of law in insurance sections 4 to 10, c) contract terms in consumer contracts, d) additional formkrav for deals like staples or transferring rights in real estate, e) intellectual property rights, f) electronic sending of unsolicited advertising, g) marketing of shares in mutual funds, cf. law 12. June 1981 No. 521 about mutual funds, the issuance of h) electronic money of an institution that goes under an exception granted in pursuance of section finansieringsvirksomhetsloven2 4 c-3, third paragraph, and i) insurance business which are exempt according to the regulations fixed [s] that by the Ministry.

section 7. The prohibition of demands for prior approval A service provider can offer information community services without any prior approval or similar permission that exclusively has its reason in the provision of information society services.
Requirements for permission to use the limited resources for electronic communications Act, cf. Chapters 6 and 7, comes to conclude the first paragraph.

section 8. Service yterens disclosure about the business A service provider shall be by practicing of its operations always give information about your name, address, electronic mail address and other information that makes it possible to come in direct contact with the service provider. In addition, the service provider shall disclose: a) the Enterprise registry where the service provider is registered, as well as service registration number yterens and whether the business is tax liable, and b) any approvals that are required to perform the business and the name and address of the appropriate approval authority.

Occupational activities which directly or indirectly by the Act or regulations is conditioned by that the person is the holder of a diploma or proof of education will be the service provider also state whether: a) his professional title and the Member State in which it is given, b) what rules of professional conduct that apply to the service provider, and c) where service recipient can get access to the rules mentioned in the letter b.

The information after the first and the second paragraph to be made easily and directly available for service recipients and public authorities.
This provision shall not apply to service providers who only offer services which consists in transferring information over an electronic communications network.

§ 9. Service yterens disclosure by online marketing By online marketing to it would be clear who the promotion happens on behalf of. marketing using unsolicited, is sent by electronic mail, it shall be stated that the messages contain marketing as the messages are received.
If prices in the context of an information community service, it shall be stated whether the fees and shipping costs. In the consumer relationship should be informed the total costs the consumer to pay, including all taxes and shipping costs, unless the information about the price for the service is regulated in other legislation.
Promotional offers, such as discounts, premiums and gifts, should easily be able to be identified. Information about the conditions to take advantage of the offers should be clear and easily accessible.
Promotional competitions or games to easily be able to be identified. Information about the conditions to participate in competitions or games shall be clear and easily accessible.
Marketing law provisions apply in addition to the provisions of paragraph here.

§ 10. The obligation to respect the reservation registers etc. A service provider that has a stage place in Norway, and that unsolicited marketing by dishes electronic mail inquiries to recipients in other States within the EEA, will examine and respect the registers where the who want or do not want e-mail promotion can sign up.

section 11. Disclosure before online ordering Before online ordering to service provider in a clear, comprehensible and unambiguous manner give service the recipient information on: a) relevant behavioral rules that the service provider is included and whether and where these are available online, b) the different technical stages that are attached to the agreement conclusion, c) of a signed agreement will be filed by the service provider, and whether it will be available, d) the technical means to detect and correct input errors before the order is made , e) the agreement may be entered into the language.

Terms and conditions, standard terms and general conditions, must be made available to the service recipient in a way that makes it possible to store and reproduce them. The service provider shall facilitate the online agreement conclusion so that the input error on an easy way can be detected and corrected before the agreement is entered into.
The first and third paragraph does not apply to agreements that are entered into solely by electronic mail or equivalent individual communications, and can be waived in the deal outside the consumer relationship.

§ 12. The acceptance and confirmation of purchase order If a service recipient making a booking online, the service provider shall always and without undue delay submit an electronic confirmation that the order has been received.
Ordering and confirmation made online, are considered received when the party it's addressed to, have access to it.
The first paragraph does not apply to agreements that are entered into solely by electronic mail or equivalent individual communications.
The first and the second paragraph can be waived in the deal outside the consumer relationship.

section 13. Responsibility for the information and guidance Ministry in regulations designate contact points that are available electronically and as service recipients and service providers can turn to to get: a) General information about their contractual rights and obligations, as well as on the complaint and replacement schemes by disputes and procedures through the use of these, b) for details on authorities, associations and organizations that can provide further information or practical assistance.

The Ministry may provide regulations on business in the contact points be appointed after the first paragraph.

section 14. Collaboration with other EEA States the Ministry has responsibility for cooperation with other EEA States.

section 15. The replacement and the criminal responsibility of the service provider For service provider that transmits information, provides access to a communication network, or save the information applies to the common law rules on liability and criminal responsibility unless otherwise follows from § § 16-18.

section 16. Freedom of responsibility for certain transfer and access services, A service provider that transmits information for a service receiver in a communications network, is not criminal or tort responsible for the contents of the transmitted information, provided that a) the transfer does not start with the service provider, b) the service provider does not select the receiver of the transmission and c) the service provider does not control or change the information that is transmitted.

Transfer as mentioned in the first paragraph, also includes the automatic, intermediate and temporary storage of the transmitted information, provided that a) storage server exclusively to the implementation of the transfer and b) storage does not last longer than is necessary for such transfer.

The provisions of the first and the second paragraph also applies to service providers if the service is to provide access to a communications network.

§ 17. Freedom of responsibility for certain between the storage services a service provider as mentioned in section 16 the first paragraph, is not criminal or tort responsible for the contents of information that automatically, intermediate and temporarily be stored solely to make the transfer to other service recipients more efficient, provided that the service provider a) not even decide or change the information that is transmitted, b) comply with the terms and conditions for access to the information, c) comply with the ordinary accepted rules for the updating of the information, and d) don't interfere in the legal application of the ordinary proven technology , for the purpose of achieving data about the use of the information.

Freedom of responsibility after the first paragraph applies only if the service provider without undue delay removes or blocks access to the stored information when the service provider has gained knowledge that a Court of law, a public authority or a particular organ designated by the Ministry in the regulation has given order to remove or block access to the information. The same is true when the service provider has received notification that the information has been removed from the originating site or that access to the information is blocked.

§ 18. Freedom of responsibility for certain storage services A service provider that stores information at the request of a service receiver, only a) punished for storing illegal information or accessory to illegal business by storing information, if he has shown intent, or b) be held liable for damages for storing illegal information or accessory to illegal business by storing information, if he has expelled intent or gross negligence.

The service provider is in any event free or free from their liability if he without undue delay hitting the necessary actions to remove or block access to the information after the forsettet or the rough carelessness after the first paragraph was signed.
A service provider is not free of responsibility under this section if the service recipient is on service yterens behalf or under his control.

§ 19. Monitoring, etc. The provisions of sections 16 to 18 that the service provider does not have a general obligation to control or monitor the information that is stored or transmitted at the request of a service receiver, or a general duty to investigate circumstances that suggest illegal activity.

section 20. Order that the infringement to stop or prevents the provisions of § § 16-18 does not preclude that a court or an administrative authority on other legal basis than this law requires that the service provider brings a violation to the termination or prevents it.