Operations and outsourcing - Simonsen

Marketing raises a series of legal issues, and the constant increase in use of electronic means of communication for marketing purposes (particularly e-commerce on the Internet) has created new legal issues which has to be dealt with.  This is evident not the least in the extensive amendments to laws and regulations governing marketing to consumers.

The Norwegian Marketing Control Act, with include a series of prohibitions and stringent rules for how marketing may be conducted, is particularly relevant both in business to business relations and business to consumer marketing. There is also a number of other statutory provisions that contribute to the legal framework for traders' conduct in marketing and e-commerce, including the Norwegian Personal Data Act and the Norwegian E-Commerce Act. The fact that these laws are enforced by different government authorities such as the Norwegian Consumer Ombudsman, the Norwegian Data Inspectorate and the Norwegian Market Council in addition to the courts of general jurisdiction, places additional demands on business owners.

Our lawyers have long-term experience with legal issues relating to the topics discussed above. Our in-depth knowledge of the economic, technical and marketing conditions that traders are facing in dealing with marketing and e-commerce, allow us to provide practical advice that takes business owners' needs and opportunities into account.

Our assistance encompasses issues that touch on EU regulations, issues concerning practical matters such as how to start up marketing and sales, drafting contracts and entering into contractual relationships (including use of electronic signatures), right of cancellation, manufacturing contracts, processing of personal data, regulations on choice of law and jurisdiction, and money transfer issues. We also have extensive experience in assisting in disputes on marketing and competition between business owners, through means including dialogue with government authorities, complaints to the Council dealing with Unfair Marketing Practices. We also provide represenation in litigation.