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The Norwegian Consumer Authority has imposed its first infringement fee under the Transparency Act. A Norwegian company was fined a total of NOK 450,000 for non-compliance with the duty to provide information.
Under the Transparency Act, all organisations covered by the Act must respond to information requests within three weeks. Anyone can submit a request for information on how companies and organisations handle (potentially) negative consequences for human rights and working conditions.
The Consumer Authority found that the company had failed to respond to two requests for information within the three-week deadline. For this, the company was fined an infringement fee of NOK 450,000. In its decision, the Consumer Authority emphasised that it is crucial that businesses adapt to the requirements of the law without waiting for orders from the authority. The company had previously received individual counselling from the Authority, but still failed to provide information in accordance with the Transparency Act after receiving a request for information from a private individual. The Consumer Authority also emphasised that an information request does not need to be specifically labelled «Transparency Act» to require a response. This clarifies the importance of the company's employees being given the necessary training to recognise and handle such requests correctly.
Until now, the Consumer Authority has focused primarily on providing businesses with guidance on the requirements of the Transparency Act. With this decision, however, the Consumer Authority emphasises that breaches of the law have consequences, and the decision helps to emphasise the importance of businesses complying with the requirements of the law. The decision emphasises the importance of ensuring that the business has the necessary systems and processes in place to respond to information requests in a timely manner and in a way that complies with legal requirements.
The Consumer Authority states that the company has appealed the decision, so the last word has probably not been said in this case.
Are you wondering if your organisation complies with the requirements of the Open Door Act?
Advokatfirmaet Halvorsen & Co AS assists companies with advice and guidance to ensure correct compliance with the requirements of the Transparency Act. Please feel free to contact us if you are in doubt as to whether your organisation complies with the requirements of the Transparency Act.
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