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As the legal form of the GDPR is that of an EU regulation, the Ministry of Justice and Public Security has proposed that it should be incorporated into Norwegian law via a reference clause (c.f. In effect, this means that a clause in the main text of the law will incorporate the GDPR into Norwegian law, with the GDPR text being then reproduced as an appendix to such law.

Certain articles in the GDPR cross-refer to national law and/or provide EU/EEA states a margin of manoeuvre to introduce more specific national rules.

What is sure is that Norway, like the other EU and EEA states, must secure a "consistent and homogenous application" of the GDPR so that the rules on the processing of personal data are equivalent in all the EU and EEA states (c.f. After all, the underlying scope of the GDPR – a full harmonization regulation – is to prevent fragmentation in the implementation of data protection across the EU and EEA, to remove legal uncertainty and to ensure the free flow of personal data throughout the EU and EEA.

Finanstilsynet circulated for comment on 1 September 2017 draft regulations on certain rights and obligations corresponding to parts of the Markets in Financial Instruments Directive (Mi FIDII) and the Markets in Financial Instruments Regulation (Mi FIR).

This means that, with regards to these specific areas, Norway, like all other EU/EEA countries, must assess whether and to what extent it wants to maintain or introduce more specific rules.

Norway, in fact, already has some sector-specific data protection rules.

Once the GDPR has been deemed, like the Data Protection Directive before it, to be an EEA-relevant EU legal act, it must be first incorporated into the EEA-Agreement before it can be implemented into national law in Norway.

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