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$1,140 – US$11,500)
Prison sentences: Maximum sentence of 3 years where gross negligence or wilful 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$172,000).
Average fine total: 202,000 NOK (approx. US$23,100)
Personal fines average: 120,000 NOK (approx. US$13,734)
Fines to companies average: 250,000 NOK (approx. US$28,600)
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.
Finally, there is the possibility that the personal data processing aspects of the promotion could breach GDPR, which has maximum fines of up to the higher of:
- €20 million (approx. US$22.4m); or
- 4% of the promoter’s worldwide annual revenue.
In 2018 the first fine issued under the new GDPR system was set at 1,5 MNOK (approx. US$ 172,000).
Maximum fine: 2 MNOK (approx. US$229,000)
Average fine: Fine set based on how many have viewed the ad.
Prison sentence: Max six months in accordance with law.
Last modified 16 Jan 2019