NORWAY Law and Practice Contributed by: Elisabeth Roscher, Tine Vigmostad, Geir Sviggum and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
ment and companies are increasingly focusing on the importance of a robust digital infrastruc- ture and on crisis management plans in case of cyber-attacks. 1.2 Key Sectors Impacted by Crises The key practice trends and shifts mentioned in 1.1 Market Comparison have meant that all sec- tors are in fact exposed, except for businesses solely working locally in Norway, where there is still minimal exposure (though such businesses may also fall victim to cybercrime). With respect to the three main factors and trends highlighted in 1.1 Market Comparison , the most exposed sectors are: • the maritime sector (including insurers, ser- vice providers and vessel owners), due to the massive escalation in sanctions and geopoliti- cal risks; • businesses handling or owning critical infor- mation or digital infrastructure, due to geo- political and hybrid threats as well as related security and cyber-risks; and • businesses with international complex supply chains (including the energy sector), due to the related human rights, compliance and sanctions risks. 1.3 Post-Crisis M&A This topic is not applicable.
crisis has occurred (eg, the Police Act). Certain laws are directed at public authorities (eg, the Civil Protection Act). Further, there is a distinc- tion between laws that are quite general in scope of application (eg, the Police Act) and laws with a sectoral approach (eg, acts within the health sector). Internal investigations (eg, due to a crisis) are not regulated by special procedural law in Norway. However corporate investigations are governed by various Norwegian laws and regulations – eg: • the Working Environment Act; • the Companies Act; Also, the Norwegian Bar Association has issued a set of indicative guidelines (the Bar Association Guidelines for Private Investigations, updated in 2023) applicable to lawyers’ work that relates to external independent private investigations. There are also numerous laws restricting public authorities’ competence if a crisis has occurred, including the Police Act of 1995 and the Consti- tution of 1814. General Regulations Protecting Society and Critical Infrastructure in Times of War and Crises The Civil Protection Act of 2010 aims to protect society, critical infrastructure and the environ- ment in cases of war, natural disasters and other incidents with adverse impacts on Norway, its citizens and assets. It outlines the role of the government, municipalities and civil society in preparing for and mitigating the consequences of such risks should they occur. The Act on Busi- • the Penal Code; • the Liability Act; • the Accounting Act; and • data protection laws.
2. National Legal Framework 2.1 Legal Framework
Some Norwegian legislation primarily addresses the need to identify risks and vulnerabilities and to prepare for crises accordingly (eg, the Health Emergency Preparedness Act), while other leg- islation primarily regulates the situation after a
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