Navigating data center regulation in Norway: an overview

As the demand for data storage and processing capabilities continues to rise, the regulation of data centers has become increasingly important, not least because of the evolving geopolitical landscape and national reliance on technology. Norway has established a regulatory framework to ensure that data centers operate securely and efficiently. 

By "data center operators", the regulation refers to natural or legal persons that offer access to data center services for a fee, or that operate data centers with a subscribed electrical power above a threshold value determined by the Ministry. This article explores the key aspects of data center regulation in Norway.

The regulation is designed to be functional rather than prescriptive, allowing data center operators the flexibility to tailor their security systems to their specific business needs. The focus is on mitigating risks to the availability, authenticity, integrity and confidentiality of data center services. Operators are encouraged to consider factors such as the best available technical solutions, recognized standards, and the cost-benefit ratio of security measures.

The regulation also highlights the importance of preparedness, including maintaining spare parts inventory and understanding dependencies to ensure security during peacetime, crises, and war. Operators supporting critical societal functions may face stricter assessments to ensure national interests are protected.

In conclusion, the regulation of data centers in Norway underscores the importance of a structured and dynamic approach to security management. By adhering to the documentation requirements and embracing a functional framework, operators can ensure the resilience and reliability of their data center operations in an increasingly complex digital landscape.

Overview

We will in the following focus on certain documentation requirements under Chapter 2 of the Norwegian data center regulation. Chapter 2 comprises ten provisions which outline a comprehensive set of requirements aimed at ensuring the security and reliability of data center operations. The regulation emphasizes the importance of documentation, authority oversight, and compliance with security standards.

Security Management System

A cornerstone of the regulation is the requirement for a Security Management System. The aim of this system is to document a systematic approach to managing an organization's security risks. It will consist of an overarching framework that integrates policies, plans, and risk assessments. The system requires the collaboration of people, processes and technology to effectively mitigate security threats. Documentation is crucial in demonstrating compliance and ensuring the system's integrity.

Specific Documentation Requirements

Several provisions in the regulation outline specific documentation requirements for data center operators. These sections categorize documentation into systems, measures, plans, procedures and assessments. Understanding these categories is crucial for operators to ensure compliance with the regulation.

• Measures: Specific actions or controls implemented to mitigate identified risks.

  - Plans and Procedures: Steps and processes to be followed in maintaining security.

  - Assessments: The foundation for developing security measures, which must be regularly updated to reflect changes in the threat landscape.
   

The regulation mandates continuous interaction between these categories, starting with assessments and culminating in a comprehensive security management system. Regular updates, maintenance and revisions by competent personnel are essential to ensure the system's effectiveness.

Third-Party Compliance

The regulation emphasizes the data center operator's responsibility to ensure that suppliers, contractors and other parties acting on behalf of the operator comply with applicable security requirements. This extends the accountability of operators beyond their immediate operations.

Notification Obligations

The regulation outlines the notification obligations of data center operators, requiring them to inform both authorities and customers in the event of security incidents or breaches. This ensures transparency and prompt response to potential threats.

Authority Oversight and Security Audits

The regulation grants the National Communication Authorities (NKOM) the power to issue orders and conduct security audits. NKOM can intervene in all processes mentioned above, request detailed incident reports and enforce security revisions. If the information obtained or inspections conducted are insufficient, NKOM may require a security audit of all or part of the business. This audit must be performed by an independent, qualified third party at the data center operator's expense. 

Further, the regulation empowers NKOM to mandate the prioritization of service offerings during disturbances and ensure national autonomy for data centers in crises. NKOM can require operators to maintain and operate services with personnel and technical solutions located in Norway. Additionally, NKOM can impose "sector-fees" and charges to cover regulatory costs.

NKOM monitors compliance with the regulation and can collect information and impose sanctions under the Norwegian Electronic Communications Act. Administrative fines of up to five percent of revenue may be imposed for violations of various sections, including governance system requirements and contractors' compliance obligations. Physical persons may also face fines, with the amount determined by factors such as the nature of the violation and the company's financial gain. Severe violations may lead to additional penalties, including shutdowns or criminal charges.

Specific regulation for data center operations is still a relatively new concept which must be expected to evolve. Proposals to change the current regulation have already been proposed. Recent proposals aim to enhance the regulatory framework's effectiveness. Announced on January 30 this year, these changes focus on improving crime prevention and managing the loss of critical data center services. Proposed amendments include requiring data center operators to maintain updated customer information and respond promptly to government inquiries. The changes emphasize the importance of data centers as critical infrastructure and aim to balance security needs with sector development and investment.

In conclusion, the regulation of data center operators in Norway underscores the importance of a structured and dynamic approach to security management. While in depth technical competence by relevant resources is essential, the management's involvement and commitment are just as important factors to ensure compliance. By adhering to the documentation requirements and embracing a functional framework whereby the documentation is supported by technical and organizational measures, operators can ensure the resilience and reliability of their data center operations in an increasingly complex digital landscape.