Monica Syrdal

So-called “greenwashing” has been a focus area for the Norwegian Consumer Authority (Forbrukertilsynet) in recent years. Now, the Consumer Authority, together with 19 other consumer protection agencies, has signed an open letter to the clothing industry, warning against the use of vague and unsubstantiated environmental claims and providing concrete guidance for marketing practices. These recommendations are also relevant for other industries.

On April 23 this year, the European Commission issued its first infringement fines to Apple and Meta, amounting to €500 million and €200 million respectively, for breaches of the EU's new Digital Markets Act ("DMA"). The DMA aims to limit the market power of major digital platform providers designated as gatekeepers.

Lawyers Monica Syrdal and Eivind Grimsø Moe have written a Norwegian legal commentary on the Digital Performance Act for Gyldendal Rettsdata.

The Norwegian Privacy Appeals Board has upheld the Norwegian Data Protection Authority’s record fine of NOK 65 million (Euro 6.2 million) for the failure to obtain valid consent to share personal data to AdTech companies for marketing purposes. This is the highest GDPR violation fine imposed thus far in Norway. The decision is the result of a complaint from the Norwegian Consumer Council, which has been assisted by Hjort's GDPR team.

Hjort acted as lead counsel to Sopra Steria, a leading European IT company listed on Euronext Paris, in connection with the acquisition of shares in Marin IT AS and its global subsidiaries.

Hjort advised Sopra Steria in the acquisition of 100% of the shares in Eggs Design AS, a Scandinavian leader in design-driven innovation, including its subsidiaries in Denmark.

Copyright & Design 2021

The International energy drinks giant Monster Energy Company recently lost a trademark infringement claim against the energy drinks start-up Manimal Energy, before Borgarting Court of Appeals in Norway. The appeal court also rejected Monster’s claim that Manimal had copied Monster’s products in violation of Norwegian marketing law.

The Supreme Court recently handed down a decision in a case concerning screens for iPhones imported into Norway by a mobile repair shop operator. The screens, which were not manufactured by Apple, had originally been branded with the Apple logo, but the logos were covered with marker. The question was whether the screens infringed Apple's trademark rights.

Norway is introducing new rules on customs seizures of goods that infringe IP rights. The new rules are likely to take effect from January 2021 and are more aligned with the comparable EU rules than the current Norwegian regulations. Nonetheless, Norway will not become part of the EU-wide system for submitting and handling applications for border seizures. Rights holders that have already filed an application for customs seizures in the European Union pursuant to the EU Customs Regulation (608/2013) will still have to file a new application for customs seizures in Norway pursuant to the Norwegian Customs Act.

The ability to submit joint tenders (often called “project cooperations”) is an ongoing topic of concern for suppliers in public procurement procedures. A new judgment from the Danish Supreme Court confirms that joint tendering may easily be illegal. The judgement is of relevance for both suppliers, and the contracting authorities designing the tender invitations.

For some time there have been very different views on whether the use of cookies requires active consent from the visitors to an internet page. In Norway the basis has been that the use of cookies is dependent on the user's browser settings.

The Norwegian Media Authority and the Consumer Authority have issued guidelines containing requirements for influencers, their network and advertisers. The guidelines seek to reduce body-image pressure by ensuring good and responsible marketing practices.

Consumers increasingly want to make choices that are good for the environment. This is a trend that has been picked up by marketing departments worldwide, and as consumers we are increasingly told that the products we buy and the businesses we buy our products from, favor the environment. But all that glitters, it not gold, and some of this marketing is nothing but “greenwashing.” Consumer authorities have begun to take steps against such misleading marketing.