§ 3-4. Persons with a guardian: who gets the information from the bank?
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- Under 18: as a main rule, the information goes to the guardian (verge) or guardians.
- From the age of 12, the customer (kunde) can personally ask for access to their own customer relationship, and the service provider (tjenesteyter) must give it.
- Over 18 with a guardian: both the customer and the guardian receive the information.
- Exceptions for payment services (betalingstjenester) and accounts follow from § 4-52.
The text of the law (unofficial translation)
§ 3-4. Persons with a guardian
- If the customer is under 18 years of age, the information shall be given to the customer's guardian or guardians, unless otherwise provided by § 4-52. The service provider shall give customers who have reached the age of 12 access to information about their own customer relationship when the minor customer requests it.
- If the customer has reached the age of 18, the information shall be given to both the customer and the guardian.
What does this mean?
The customer's age decides. If the customer is under 18, the information as a main rule goes to the guardian or guardians. If the customer has reached 18 but still has a guardian, both the customer and the guardian receive the information. Customers who have reached the age of 12 can personally ask to see information about their own customer relationship, and the service provider must give them that.
In practice, the rules apply both to information required by law and to information that follows from the agreement itself. An example using the roles in the Act: a 13-year-old customer asks the service provider to see what is registered on the customer relationship. Even though the guardian is normally the one who receives information, the service provider cannot reject the request from the customer. The Government may also decide in regulations that the County Governor shall receive such information as well, and may make exceptions from the rules in the section.
The section refers to an important exception in § 4-52. It states that a minor who has reached the age of 15 can enter into an agreement on payment services linked to funds they control under the Guardianship Act (vergemålsloven), and can then personally manage the account. A guardian can open an account in the minor's name without the consent of another guardian, but must say whether there are others. The bank must then inform the other guardian. If the customer has several guardians, they manage the account jointly as a main rule.
The section belongs to the general rules in chapter 3. Notices under the Act may be sent electronically when this is done in a secure manner, cf. § 3-2. The provision is also referred to from § 1-9, which has mandatory application in its title.
- § 4-52Accounts and payment services for children and young people under 18
- § 3-1The service provider's general duties towards the customer
- § 3-2Electronic messages, notices and written documents
- § 1-9Can you contract out of the Financial Contracts Act?