No NDA? No Problem – What to Expect When Engaging With Norwegian Defence Authorities

1. Norway’s default rule: Transparency first, confidentiality where required

Norway operates under a “public access as the rule” system. Documents held by government agencies are generally public unless a statutory exemption applies.

That said, several core laws automatically protect the kinds of information defence companies normally share, including:

Public Administration Act – Section 13

Binds all civil servants (including defence and procurement personnel) to keep confidential:

• personal data; and
• commercially sensitive information such as trade secrets, pricing structures, technical methods, proprietary algorithms, design details, and other competitively relevant material.

This duty applies regardless of whether an NDA is in place.

Trade Secrets Act (2020)

Implements the EU Trade Secrets Directive and strengthens the protection for proprietary business information.

Security Act (2018)

Applies where information is classified or relates to national security interests. Government personnel must follow strict secrecy protocols.

2. Will my information be disclosed? Usually not — and never without assessment

Although Norwegian agencies must operate transparently, they must withhold information that falls under statutory confidentiality. This includes business-critical information and anything subject to the Security Act.

Authorities also typically consult the submitting company before releasing potentially sensitive content. In practice, this gives you an opportunity to argue for redactions if needed.

3. Why NDAs are almost never used

Foreign companies are often surprised when the government declines to sign an NDA. This is normal.

Why?

• Authorities are already bound by statutory confidentiality.
• An NDA cannot override the Freedom of Information Act.
• If the legal test for withholding is not met, the agency is obligated to disclose — whether or not an NDA exists.

In short: NDAs don’t add legal protection and may instead create confusion. For that reason, government bodies politely decline them. Further, in public tender situations, the introduction of an NDA requirement by the bidder may constitute a reservation or deviation from the tender documentation and could raise issues (included inter alia exclusion depending on the circumstances) under the public procurement rules applicable in Norway.

4. Exception: When dealing with classified information

If your engagement involves access to classified information, Norway uses security agreements under the Security Act — not NDAs. These are formal documents managed by the Ministry of Defence or the National Security Authority (NSM), covering handling, storage, and access control for classified materials.

This applies only when classified information is actually shared.

5. Practical tips to protect your information

Even without an NDA, you can (and should) take simple steps to ensure your sensitive material is treated appropriately:

• Mark documents clearly:
  “CONFIDENTIAL – Trade Secret / Business Sensitive”
• Provide a redacted version if some portions could be public.
• Include a short cover note explaining why the information is competitively sensitive.
• Ask for advance notice before any disclosure decision.

These practices are standard in Norway and are well-received by authorities.

Bottom line

You don’t need an NDA when speaking with Norwegian defence authorities. Their confidentiality obligations come from statute — and they take those duties seriously.

If you handle classified information, expect a security agreement, not an NDA. For everything else, proper labelling and clear communication are all you need.