§ 3-11. Several consumers in the same agreement

This section covers agreements where the service provider has two or more consumers as co-parties to the same agreement. Each of them is regarded as a separate customer with regard to the service provider's obligations under the Act. This means the obligations apply to each individual, not just to one of them.

The second paragraph concerns consent. If a transaction in connection with the agreement is to bind a consumer, consent is required from that particular consumer, unless otherwise provided. In practice, this means one co-party cannot simply bind the others. Example: Two consumers have the same agreement with the service provider. If one of them wants to change something that binds both, both must consent. The customer may nevertheless give a third party authority or the right to make transactions in connection with payment services. § 4-2 says that a payment transaction (betalingstransaksjon) is only regarded as authorised when the payer (betaler) has consented, and that consent should normally be given before the transaction is carried out.

The third paragraph goes further. A consumer who is not a customer, but who is a party to an agreement connected with a financial service and has the service provider as the other party, also gets some of the same protection. The rules on electronic messages (§ 3-2), entering into agreements (§ 3-9), the content of the agreement (§ 3-12), changes (§ 3-13) and passive consent (§ 3-14) then apply in the same way, as far as they are appropriate.

§ 3-9 requires, as a main rule, a written agreement signed by the consumer. § 3-10 makes an exception for individual services under an initial agreement. § 3-12 says that information about terms given before the agreement becomes part of it. § 3-14 allows the parties to agree that the customer accepts changes by remaining passive; the customer must then give notice before the date the changes take effect in order to reject them.