Norway

The Norwegian Act on Equality and Prohibition of Discrimination (Equality and Discrimination Act) (Lov om likestilling og forbud mot diskriminering (likestillings- og diskrimineringsloven), is overseen by the Directorate of Digitization. 

What it includes

• The regulation applies to ICT solutions that underpin the general functions of the business, and which are main solutions aimed at or made available to users
• The regulation is limited to online solutions, including digital teaching aids, and vending machines
• The regulation applies to all areas of society, with the exception of family life and other matters of a personal nature

Exceptions

This decree does not apply to the contents of the following websites and mobile applications:

• The regulation does not apply to ICT solutions in businesses that employ workers, and which are used in the performance of work, unless otherwise stated in the regulation
• The regulation does not apply to ICT solutions that fall under the scope of the Broadcasting Act
• The regulation does not apply where the design of ICT solutions is regulated by other legislation
• The regulation does not apply on Svalbard, on installations and vessels operating on the Norwegian continental shelf, in the economic zone or on Norwegian ships and aircraft outside Norwegian territory
• The requirements do not apply to Norwegian ships and aircraft regardless of where they are located

Fines and penalties

The Directorate of Digitization can decide on compulsory fines in accordance with Act 16 June 2017 No. 51 on equality and prohibition of discrimination. Compulsory fines are only imposed when the deadline for compliance with the order to implement measures has been exceeded. Compulsory fines are set as ongoing daily fines. The compulsory penalty begins to run if the new deadline for complying with the order is missed, and shall normally run until the order is fulfilled. Fines imposed can be reduced or waived when special reasons justify it. Compulsory fines shall only be set where it is considered necessary for the order to be fulfilled within a reasonable time and be of such a size that it encourages fulfillment of the order.

Reporting

Public enterprises must submit a declaration about compliance. Public enterprises must use the Directorate of Digitalisation’s central solution for accessibility declarations. The accessibility statement must be detailed, exhaustive and clear. The accessibility statement must be updated regularly, and at least annually. The accessibility declaration must contain:

• ·       An explanation of content that is not universally designed, and a justification for why the content cannot comply with the requirements, as well as a description of universally designed alternatives, where available.
• ·       A description of, and a link to, a feedback function, where anyone can notify the business of insufficient compliance with the requirements in section 4b of the regulation.
• ·       Link to the enforcement procedure and information on the right to appeal.

For websites, the accessibility statement must be published on the company’s website.

For mobile applications, the accessibility statement must either be published on the company’s website, or together with download information for the mobile application.

Anyone can also request information about content that is exempted, or that is exempted after a proportionality assessment in accordance with Equality and Discrimination Act. Businesses must respond to inquiries from users within a reasonable time.

For the latest and most accurate information on digital accessibility requirements, please refer to the official documentation provided by the Norwegian government.