Renewable energy

Offshore and shipping 

Defence and Security

Merger and acquisitions

Updated Guidelines for Procurement in the Defence Sector (RAF)

Guidelines for Procurement in the Defence Sector (RAF)

Procurement Regulations for the Defence Sector (ARF)

 and set out how procurements are to be planned, conducted and followed up across the sector.

The purpose of the RAF is, among other things, to reflect the current public procurement framework and the heightened security policy environment, as well as to ensure consistent practice, high ethical standards, and sound financial management throughout the sector. The guidelines also apply to procurements where exemptions from the ordinary procurement rules may be applied.

A new structure aligned with the organisation of the general public procurement framework, clarifying its relationship to the various parts of that framework

A strengthened chapter on ethics and sustainability, with more specific requirements for contractual terms, risk assessments, follow-up, and reporting

More detailed regulation of cost control and risk allocation, including requirements for when and how cost control must be carried out

Updated provisions on industrial cooperation and intellectual property rights

More information and links to the relevant documents are available 

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

” system. Documents held by government agencies are generally public unless a statutory exemption applies.

automatically protect the kinds of information defence companies normally share, including

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

 such as trade secrets, pricing structures, technical methods, proprietary algorithms, design details, and other competitively relevant material.

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

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.

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

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

 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:


“CONFIDENTIAL – Trade Secret / Business Sensitive”

 explaining why the information is competitively sensitive.

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

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.

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

Axel works with transactions and projects within energy, industry, technology and the defence sector. He has extensive experience from major industrial and technological companies, including Aker Solutions, Kværner and Freyr Battery, and offers commercially oriented legal assistance in all phases of a project – from establishment and structuring to partnerships, joint ventures and international transactions.

He has extensive international experience, including from projects and investments in demanding markets, and often advises on regulatory and compliance-related issues related to technology, export control and geopolitical conditions.

Axel combines industrial and operational insight with legal precision, assisting clients where strategic, regulatory and commercial considerations must be weighed in tandem.

Contact information

+47 909 59 133

amt@arntzen.no

+47 23 89 40 00

Areas of expertise

Renewable energy

Offshore and shipping

Defence and Security

Merger and acquisitions

Axel M. Thorsdal

Contact information

+47 909 59 133

amt@arntzen.no

+47 23 89 40 00

Arntzen Grette

Partner

Grette

Partner

Freyr Battery

Head of Project Development (SVP)

Eurochem Group AG

Chief Legal and Compliance officer

Kværner Russia

Managing Director and Country Manager

Frontica Group AS

Head of Legal and Commercial

Aker Solutions ASA

Head of Business Integrity and Compliance

Aker Solutions ASA

Lawyer

Wikborg Rein

Associate

Education

INSEAD Business School, France

In-Board program

INSEAD, Frankrike og Singapore

Transition to general management (TGM)

Cambridge University, UK

The Prince of Wales's Business & Sustainability Leadership

University of Oslo

Cand.jur.

News

Updated Guidelines for Procurement in the Defence Sector (RAF)

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