For the below penalties, the penalty is per breach.
LA: Applicable to lotteries:
Maximum fine: No maximum
Average fine: 10,000 - 100,000 NOK* (approx. US$1,000 - US$12,000)
Prison sentences: Maximum sentence of 3 years where gross negligence or willful misconduct. A case relating to pyramid schemes led to prison sentences of 2.5 years and 1 year 9 months.
* This is dependent on the type of breach.
MCA (averages 2013 - 2016, 14 cases): applicable to prize promotions and lotteries:
Maximum fine: None. Actual highest fine currently is 1.5 Million NOK (approx. US$175,000).
Average fine total: 202,000 NOK (approx. US$24,300)
Personal fines average: 120,000 NOK (approx. US$14,400)
Fines to companies average: 250,000 NOK (approx. US$30,000)
Prison sentences: Not known to have been used in the last few years. Max available by law is 6 months imprisonment.
The government has suggested amendments to the MCA in order to give the consumer protection authority more power with regards to enforcing compliance and issuing fines.
Data Privacy Act
Maximum fine: 925,760 NOK* (approx. US$108,000)
Average fine: 75,000 - 200,000 NOK** (approx. US$9,000 - US$23,000)
Prison sentences: No knowledge of existing cases where prison sentences have been based solely on the Data Privacy Act; the law allows up to 3 years imprisonment.
* Correct as of May 2016. This will change on a yearly basis, and will change when the new EU directive is enforced, most likely in 2018.
** Very few cases, so it is difficult to estimate an average fine. These also vary depending on type of breach, ie lack of internal controls, publishing information online, breaches relating to e-mails.
Maximum fine: 2 MNOK (approx. US$234,000)
Average fine: Fine set based on how many have viewed the ad.
Prison sentence: Max six months in accordance with law.
Last modified 10 Feb 2017