Documented
The law is stricter than people think
Section 3-15 of the Norwegian Electronic Communications Act came into force on 1 January 2025. It requires prior consent, valid under the GDPR, before anyone stores or retrieves information from your equipment. The provision is technology-neutral and applies whether or not the information is personal data.
Valid consent must be freely given, specific, informed, unambiguous, given through an affirmative action, demonstrable and as easy to withdraw as it was to give. Most consent banners you encounter fail on at least one of these.
Supervision is split: Nkom assesses whether a technical solution falls under the provision and whether the exemptions apply, while the Data Protection Authority assesses whether the information given is adequate and whether the consent holds up.