NORWAY Law and Practice Contributed by: Kari Gimmingsrud, Stian Hultin Oddbjørnsen and Andreas Bernt, Haavind
requirements. Depending on the circumstances, IoT companies may not themselves be control - lers, but may instead be processors or even third parties who do not process personal data them - selves but provide the IoT device that other par - ties use to process personal data. When acting as a processor, IoT companies may expect to be obliged to assist the controllers with fulfilment of the rights mentioned above under mandatory data processing agreements required under Arti - cle 28 of the GDPR. When acting as a third party only providing the IoT devices, IoT companies may expect that their customers will demand products that enable them to comply with their obligations under the GDPR. Other Data Sharing Requirements Data sharing obligations not aimed specifically at IoT companies are present in a range of Nor - wegian legislation, including: • civil and penal litigation procedural rules, which include certain mechanisms under which a party to a case may be put under an obligation to share certain data; • freedom of information regulation, under which public authorities may be under an obligation to share information; and • a range of Norwegian acts and statutory instruments allow relevant public enforcement bodies to order the disclosure of data related to their case handling and enforcement activi - ties. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures The Norwegian Broadcasting Act sets different requirements for set categories of audiovisual media services.
The first category corresponds to companies wishing to engage in broadcasting via ground- based transmitting facilities, and these must obtain a licence. The term “broadcasting” shall be understood to encompass “the transmission of speech, music, images and the like by elec - tronic communications networks intended or suitable for direct and simultaneous reception by the public”. Beyond the requirement that the communication must be made via an electronic communication network, the term “broadcast - ing” is technology-neutral. Companies wishing to engage in other broad - casting services (ie, broadcasting services not subject to the licensing requirement) must reg - ister with the Norwegian Media Authority. This requirement is typically applicable for compa - nies wishing to broadcast via the internet, satel - lite or cable. The broadcasting terms' criterion of “direct and simultaneous reception by the pub - lic” entails that the registration requirement is only applicable for companies wishing to trans - mit live content to the public – eg, streaming live news online. On-demand audiovisual services are not obliged to register. Another category covers on-demand audio - visual services, which are defined as services “where the primary purpose is providing audio - visual programmes that can be viewed at the moment chosen by the user and at their indi - vidual request on the basis of a catalogue of pro - grammes and that is distributed to the general public via electronic communication networks”. This typically includes non-live online streaming and online television. The criterion of editorial control will generally exclude media services that distribute user-gen - erated content without interference from the ser - vice provider. However, Norwegian authorities
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