Scope

The Directive and Norwegian implementation imposes mandatory requirements to consumer agreements regarding the sale of goods, with some exceptions.

Services falling under the scope of the Digital Content Directive are not covered, unless where digital services are incorporated into goods (such as smartphones and other products with software).

Relevance

The implementation of the Directive is of significant relevance to both consumers and businesses in Norway. As a total harmonization Directive, it represents a shift from its predecessor from 1999, which allowed for national laws to provide stronger consumer protection than the Directive. The amended Consumer Sales Act may require changes to existing business practices, particularly in terms of standard contract terms, product conformity, and consumer remedies. Businesses will need to review and potentially revise their contracts and terms of service to ensure they are in line with the new regulations.

Key obligations

The Consumer Sales Directive, which is currently implemented in the Norwegian Consumer Sales Act, has undergone new changes to strengthen consumer protection. The changes include clarifications on subjective and objective requirements to the contract, an expansion of the seller’s burden of proof, and the seller’s right to recourse against previous parties in the supply chain.

Some key changes to the Norwegian Consumer Sales Act include i) regulations governing situations where assets are purchased together with digital services; ii) requirements that consumers must be made “specifically aware” of any exceptions from the act’s quality requirements and “expressly and specifically” accepts them; iii) removal of the possibility for “sold as is”-reservations; iv) the possibility to claim damages for non-economic loss; and v) the possibility to terminate for breach also for the part of the sold goods that is not related to a breach of contract where the consumer cannot reasonably be expected to retain such parts.