NORWAY Law and Practice Contributed by: Elisabeth Roscher, Tine Vigmostad, Geir Sviggum and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
ness and Industry Preparedness of 2011 seeks to alleviate supply chain-related consequences of crises, in particular in times of war, by regulat- ing the collaboration between public authorities and business operators. Sector-Specific Acts Regulating Crisis Management Numerous sector-specific acts regulate crisis management, such as the Health Emergency Preparedness Act of 2000 and the Communi- cable Diseases Control Act of 1994 relating to health crises. The oil emergency system is large- ly regulated by the Regulation relating to Petrole- um Product Storing for Emergency Purposes of 2006, which gives the authorities wide-ranging powers to manage oil supply crises. Nuclear and radiological emergency preparedness is gov- erned by the Act on Radiation Protection of 2000 and its regulations, while environmental emer- gency responses in the event of acute pollution is regulated by the Pollution Control Act of 1981. Protection of National Security Interests The Security Act of 2018 gives Norwegian authorities power to address national security risks by preventing the transfer of critical assets and infrastructure to state and non-state actors that may pose a security risk. Amendments made in 2023 increased the government’s power to address such risks, including by extending the scope of the foreign direct investment (FDI) notification regime. Alongside existing sanctions and export controls, the Security Act provides an important tool for controlling foreign ownership in Norway. The way in which the aforementioned laws are enforced during crises depends on the crisis in question. Some laws have been enforced quite extensively and have given rise to law- suits against the government – for instance,
the Diseases Control Act during the COVID-19 pandemic. Others are applied on a more regular basis, with less controversial outcomes. 2.2 Expected Legal Updates Health-Related Amendments Following COVID-19 Following the COVID-19 pandemic, several amendments were made to laws on crisis man- agement in the case of health crises, including extended powers for the Norwegian government to isolate infected persons (new Section 4-3 a of the Communicable Diseases Control Act). Increased Number of Private Investigations Leading to Amendments in Guidelines The Bar Association Guidelines for Private Inves- tigations were also recently amended, warranted by (inter alia) an increased number of private investigations in both the public and private sectors. Increased Focus on Financial Crimes The Norwegian Ministry of Justice and Pub- lic Security is strengthening the government’s response to financial crime and related crises, through (among others) extending the govern- ment’s powers of confiscation. Increased Government Control of Foreign Investments In February 2025, a proposed new regulation under the Security Act’s provisions on owner- ship control was issued. The regulation aims to give Norwegian authorities greater control over investments and M&A deals targeting business- es vital to national security, such as increased restrictions for information sharing prior to a transaction being approved.
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