Norwegian E-Com Act
Lov om elektronisk kommunikasjon (Electronic Communications Act / Ekomloven), amended January 2025
Key Facts
Effective Date
January 1, 2025
Enacted
January 1, 2003
Enforcing Authority
Datatilsynet (Norwegian Data Protection Authority) + Nkom (Norwegian Communications Authority)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Norway
Overview
Norway's January 2025 amendment to the Ekomloven marked a significant shift in cookie consent requirements. Previously, passive consent methods (pre-ticked boxes, browser settings, continued browsing) were tolerated. The amendment now requires strict opt-in consent with equal prominence for accept and reject options.
What This Means for Your Website
- Active affirmative consent is required before placing any non-essential cookies on Norwegian visitors
- Pre-ticked boxes and browser settings are explicitly no longer valid consent
- Accept and reject options must have equal prominence — no dark patterns
- Cookie walls are restricted
- Datatilsynet has already sanctioned 6 websites for tracking pixel violations since the reform
Key Requirements
Datatilsynet and Nkom share enforcement responsibilities. Datatilsynet issued enforcement guidance in April 2025 and has imposed fines of NOK 250,000 for tracking pixel violations. GDPR penalties of up to EUR 20 million or 4% of global turnover apply. The January 2025 reform brought Norway in line with strict EU opt-in standards, ending the previous era of passive consent tolerance.
How ConsentStack Handles This
ConsentStack presents Norwegian visitors with a consent banner featuring equally prominent accept and reject options. All tracking including pixels is blocked until explicit consent — meeting Norway's post-2025 reform standards.
Penalties
Up to EUR 20 million or 4% of global annual turnover. Fines of NOK 250,000 (~EUR 25,000) imposed in tracking pixel enforcement cases.
Revenue-based
4% of annual revenue
Key Requirements
- Active affirmative consent required before placing non-essential cookies
- Pre-ticked boxes and browser settings are NOT valid consent
- Accept and reject options must have equal prominence
- Cookie walls are restricted
- Dark patterns and manipulative design prohibited
Notable Provisions
- January 2025 amendment ended passive consent era
- Six websites sanctioned for tracking pixel violations
- NOK 250,000 fine imposed for tracking pixel non-compliance
- Cookie walls restricted
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.Hungarian E-Communications ActHungary
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH actively enforces cookie requirements with a focus on dark patterns and equal accessibility of consent options. Reject All must be equally accessible as Accept All in cookie banners.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
What changed in Norway's cookie law in January 2025?
Norway's Ekomloven amendment ended the tolerance of passive consent (pre-ticked boxes, browser settings). Strict opt-in consent with equal accept/reject prominence is now required.
Has Norway fined for cookie violations?
Yes. Datatilsynet sanctioned 6 websites for tracking pixel violations and imposed fines of NOK 250,000 since the 2025 reform.
Are cookie walls allowed in Norway?
Cookie walls are restricted under the reformed Ekomloven. Accept and reject options must have equal prominence without manipulative design.
Stay compliant with Norwegian E-Com Act
ConsentStack helps you implement Opt-in consent for Norway automatically.