Norwegian and Swedish Legislation


Norwegian legislation Swedish legislation



Norwegian legislation

Information about the Norwegian Data Register Act

Credit Information Files

A credit information file must be used only for credit information purposes and may only hold certain kinds of information in accordance with the Data Register Act (DRA).

Legitimate Need for Credit Reports

According to DRA, a credit report can be ordered only if the recipient has a legitimate need for the report. This means that the recipient and the subject of the report has to have some sort of contractual relation, or that the recipient on some other legitimate ground has to make an economical assesement of the subject of the report. Creditors, landlords and employers are examples of recipients who normally have a legitimate need for a consumer report.

Copies of Credit Reports

Accoding to DRA, D&B has to send a copy of a credit report to the subject of the report in certain situations.

A copy of a report shall be sent when D&B delivers a report on a consumer. The copy shall hold information about which data that is stored about the consumer in D&B´s database and about the identity of the end user of the report (end user notification).

If information about a living person that has substantial influence on a company´s business (a chairman of the board or a managing director who holds more than 20% of the company´s shares) is used to calculate the company´s rating/score that is delivered in a report, a notification shall be sent to the person about whom information has been used in the calculation. The notification shall hold information about which data that has been used for the calculation and about the identity of the end user of the report (end user notification).

Permissions etc.

ED&B-processing of personal data in the private sector is normally allowed only if the file controller has a permission issued by the Data Inspectorate (for certain kinds of files, such as customer files, member files and employee files, there is no need for a persmission).

Notification to the Data Subject

A controller of a personal data file has, at the request of an individaual, notify him without delay any information relating to him in the personal data file.

Remedies

If credit reports are ordered in violence of the regulations in the DRA, D&B can without further notice disconnect a subscriber.

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Swedish legislation

Information about the Swedish Credit Information Act

Consumer Reports: Legitimate Need

A consumer report (a report on a living person who is not engaged in business) can be ordered only if the recipient has a legitimate need for the report. This means that the recipient and the subject of the report has to have some sort of contractual relation, or that the recipient on some other legitimate ground has to make an economical assesement of the subject of the report. Creditors, landlords and employers are examples of recipients who normally have a legitimate need for a consumer report.

 Reports on Sole Proprietors and Key Persons

Reports on sole proprietors and persons with substantial influence on a company´s business (a managing director, a member of the board, a major shareholder etc.) can be ordered without any demand for a legitimate need of the report.

Copies of Credit Reports

In accordance with the Swedish Credit Information Act, D&B has to send a copy of a credit report to the subject of the report in certain situations. Such a copy shall hold information about which data that was delivered in a report and about the identity of the end user of the report (end user notification).

A copy of a report shall be sent when D&B delivers a report on a living person. This means that a copy is sent of a report on:
A consumer
A sole proprietor
A person with substantial influence on a company´s business (a managing director, a member of the board, a major shareholder etc.). Reports on persons with substantial influence on business are delivered as complements to business reports on small enterprises (limitied companies with a calculated own capital less than SEK 500 000, trading companies and limitied partnerships).

A copy of a report shall also be sent when D&B delivers a report on a trading company or a limitied partnership (the copy is sent to the subject of the report, i.e. the company or the partnership).

Remedies

If credit reports are ordered in violence of the regulations in the Credit Information Act, D&B can without further notice disconnect a subscriber.

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Information about the Swedish Data Protection Act

Personal Data Files and File Controllers

ED&B-processing of personal data files must follow the regulations in the Data Protection ACT (DPA). A company that stores personal data on it´s own storage media has the resonsability for compliance with DPA (the executive leaders of a company has the formal resonsability).

Permissions etc.

ED&B-processing of personal data is allowed only if the file controller has a licence issued by the Data Inspection Board. Apart from the licence, a specific permission from the Board is neccesary if a file
holds information on other categories of persons than such persons to whom the controller has a "natural relation" (customers, employees, members etc.),
holds information that is defined as sensitive (information about crime, helath, political opinion etc.),
holds information that is collected from antother personal data file.

Notification to the Data Subject

A controller of a personal data file has, at the request of an individaual, notify him without delay any information relating to him in the personal data file.

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