Scope

The Electronic Communications Code Directive (ECD) modernizes and consolidates the Electronic Communications Directives from the early 2000’s. The ECD is implemented in Norway through the Norwegian Electronic Communications Act. The main purpose of the ECD is to stimulate investments in and the rollout of high-speed networks across the EU, strengthen the internal market, and enhance consumer rights.

The ECD broadens the scope of application to cover services on new platforms (such as Messenger, WhatsApp) to ensure a level playing field for operators. The Norwegian implementation also contain regulations addressed at data centre providers.

The ECD also introduces a universal service obligation for basic broadband service (so that all end-users can access basic broadband services at a reasonable price at a physical address).

The ECD primarily applies to providers of electronic communications networks (physical and virtual infrastructure used to convey signals across points), electronic communications services (services providing connectivity to the internet and services enabling direct interpersonal and interactive exchange of information between a finite number of persons) and associated facilities/services (access to physical infrastructure, databases, software, systems for billing or customer management, and other services necessary for the provision of electronic communications).

Relevance

The ECD addresses the challenges and opportunities arising from the increasing demand for mobile broadband and the need for high-speed internet as a foundation for innovative digital services. For businesses, it offers a clearer regulatory environment that encourages investment in high-speed networks and new technologies like 5G. For consumers, it promises better services, more choices, and enhanced rights.

The ECD is implemented in Norway through the Norwegian Electronic Communications Act, replacing the existing framework which was drafted in a time where only half of the Norwegian population had internet access at home, and where smartphones were practically non-existent. The new act is modernised to support technological developments, a new digital threat landscape and users’ need for access to high-speed internet. The proposal has now formally been adopted by the Norwegian parliament.

Key obligations

The ECD introduces several obligations to safeguard a variety of purposes.

The existing market regulation regime (with the possibility of asymmetrical regulations for providers with significant market power like Telenor in Norway) is maintained, with some adaptions. For instance, significant market players obligation to provide access to competitors is limited where competitors have been offered reasonable opportunities to co-invest in new high-speed networks. It further allows certain obligations to be imposed on owners of parts of the fixed network (e.g., in housing cooperatives), and grants the authority to mandate national roaming in mobile networks in areas where parallel network establishment is economically inefficient or physically impossible.

Member States must manage radio spectrum more effectively and promote efficient use, ensuring long-term investment certainty for operators. This includes coordinating spectrum assignments for wireless broadband and 5G networks, with a minimum license duration of 15 years to stimulate investments.

Consumers are expected to benefit from fully harmonized transparency requirements with respect to contract terms, service quality, prices and the possibility to switch providers with number portability. The Norwegian Electronic Communications Act obliges providers to make it easy for users to switch providers without interruption of internet service, allows for more control of consumption and costs, and enhances security and privacy obligations of providers by imposing risk management and measures to protect the security of networks and services.

The consent requirement for cookies and related technologies are enhanced by harmonizing the consent requirements with those set out in the GDPR (freely given, specific and informed). Implicit consent through web browser settings will likely no longer be sufficient in Norway.

The Norwegian Electronic Communications Act includes data centre regulations, and require data centre operators to register with authorities prior to commencing their operations, implement adequate security measures and emergency preparedness, and prioritize important societal actors when needed.

Providers are required to ensure that all end-users, regardless of their geographic location, have access to affordable and high-quality electronic communications services, including voice and data services. It is also worth noting that number-independent services (such as Messenger and WhatsApp) will be subject to universal service obligations, such as allowing users with disabilities to call the emergency number.

Key Changes in the New Electronic Communications Act entering into force 1. January 2025.