§ 3-2. Electronic messages, notices and written documents

This section sets out when the service provider may use electronic communication with the customer (kunde), when a message is considered received, and what "document" and "written" mean in the Act.

Electronic messages are permitted if they are sent in a secure manner. When the agreement is entered into, or the first time electronic communication is used, the service provider must tell the recipient that he or she can opt out of this, and what legal effects such a choice has. For important messages, such as notice of termination or blocking, the service provider must also check that the recipient has actually become aware that the message has arrived.

The second paragraph determines the point at which a message is considered received, where this has legal effects. An electronic message to the service provider is considered received when it has been sent or made available in a secure manner. An electronic message from the service provider is considered received only when the recipient has become aware that it has been received. If the recipient has consented to electronic communication, the message is nevertheless considered received when it has reached the recipient in the agreed manner.

The third paragraph requires that a required notice, or a message about the notice, be sent directly to the recipient. The fourth paragraph says that documents under the Act must be on paper or another durable storage medium, meaning something on which the recipient can store the information and reproduce it unchanged for as long as needed. "Written" means that written characters are used. The fifth paragraph allows the Government to issue regulations on what counts as a secure manner.

The definition of a written document is used in several other rules. Among the sections that refer to this one are § 2-11 on the return of debt instruments, § 3-1 on the service provider's general duties and § 3-11 on several contracting parties in the same agreement. § 3-3 requires general terms to be easily accessible, and consumers (forbrukere) can ask for them on paper. § 3-4 says that information to customers under 18 as a general rule goes to the guardian (verge), while customers who have turned 12 can demand access to their own customer relationship. § 3-9 requires a written document when the agreement is entered into. § 3-6 and § 3-7 place the burden of proof (bevisbyrde) on the service provider in disputes about electronic conclusion of agreements and payment transactions (betalingstransaksjoner).