Contributed By Bull & Co Advokatfirma AS
Norway adopted a space law as early as in 1969. The Norwegian Space Act applies to the launching of objects into space. The Act also fulfils Norway’s obligations as a party to the so-called UN Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies), which was ratified by Norway on 6 June 1969. The Norwegian Space Act is an authorisation act that gives the authorities the right to manage space activities through decisions.
On 15 January 2019, the Norwegian Ministry of Industry and Fisheries appointed a Space Law Committee which was supposed to propose a modern and forward-looking regulation of space activities. The ministry explained the need for a new law, stating that it is necessary to fulfil Norway’s obligations under international law, that it is expected that Norwegian space activity will increase both in scale and scope, and that there is a desire for a law that contributes to Norwegian wealth creation and business development.
On 6 February 2020, the Space Act Committee submitted their report, including the proposed new Space Act, intended to replace the existing Space Act. The proposal has several features in common with other Norwegian laws that require permission to carry out risky activities and is supposed to ensure responsible management of the risks associated with space activities. The proposed act attempts to balance the consideration of the public’s need for governance and the private sector’s need for predictability and clearly defined rules for government intervention. The report has been subject to public consultation, and the Ministry of Industry and Fisheries is now working on a final draft of the new Space Act. The responsible Ministry has not yet presented the Space Act to the Norwegian Parliament.
The NewSpace and space tech economy in Norway is evolving significantly, driven by advancements in technology, infrastructure, and regulatory frameworks. Norway has extensive experience and strong professional communities in space activities. Today, we have a complete value chain – from the development of technology and services, to launches from Andøya Space Port and the download and use of satellite data.
Regulatory Framework
Norway is updating its Space Act to align with modern space industry needs, ensuring a business-friendly and reliable regulatory framework.
The Norwegian Ministry of Trade and Industry oversees the space industry and is actively working on new legislative frameworks. For example, Norway signed the Artemis Accords in May 2025, to strengthen international space co-operation and to contribute to a safe, peaceful and profitable use of outer space.
Historical Context
Norway was the first country to enact a national space law in 1969, which governs the launching of objects into space.
Stakeholder Positions
The Norwegian government is heavily involved in space, and with regulatory oversight by the Ministry of Trade and Industry, it aims to balance commercial interests with societal needs and international obligations under treaties like the UN Outer Space Treaty. The state’s goal as owner is the highest possible return over time within a sustainable framework.
Space Norway and the Norwegian Space Agency are two distinct entities, each playing a unique role in Norway’s space industry. Space Norway AS is a state-owned company that develops and manages space-related infrastructure to meet critical societal and commercial needs. It operates as a commercial entity, focusing on creating sustainable and cost-effective solutions for space-related challenges. One of their key projects is the Arctic Satellite Broadband Mission (ASBM), which aims to provide broadband coverage in the Arctic.
The Norwegian Space Agency is a government agency under the Ministry of Trade and Industry. It provides guidance, funding, and expertise to Norwegian companies and research institutions involved in space activities. Key responsibilities are:
Andøya Space Center AS is a 90% state-owned company delivering operative services and products within space and atmospheric research, environmental monitoring, technology testing and verification.
Participation in international technology co-operation, primarily through the European Space Agency (ESA) and the EU’s space programmes, is the mainstay of Norwegian public investment in space activities.
Norway’s proactive approach to NewSpace and space tech positions it as a key player in the Arctic and global space economy, with robust legal and regulatory frameworks supporting innovation and international collaboration.
The Norwegian space industry has undergone significant changes since the adoption of the Norwegian Space Act in 1969. When the Act was passed, it was essentially a state-run business. The Norwegian Space Act was, despite its general wording, intended to regulate the launching of probe rockets from Andøya in Nordland County, Norway in particular. The activities at Andøya kicked off Norwegian space activities in 1962, under the control of the Norwegian Defense Research Establishment (FFI). These activities led to Norway adopting one of the world’s first Space Acts.
FFI and several universities participated in research with probe rockets and balloons, and Norwegian research environments were, on the basis of their experience with probe rockets, involved in Europe’s first research satellites. However, Norwegian participation ended because Norway was not yet a member of the ESA. This, and the increased need for access to earth observation information, was among the reasons why Norway became a member of the ESA in 1987. The Norwegian Space Agency was established simultaneously. The Norwegian Space Agency is actively participating in ESA initiatives, EU programmes, and has overseen our membership with the ESA since we became members.
Norwegian participation in the ESA, EUMETSAT3 (European operational satellite agency for monitoring weather, climate and the environment) and the EU’s space programmes continues to be central to national industrial space investment. The Norwegian authorities have strengthened public investment over time, not only through participation in these programmes, but also through national programmes. Most important is investments in Space Norway AS to create a communication system in the Arctic.
Today there are several Norwegian private companies providing services to the space industry, such as technology providers and service providers. Telenor ASA, a Norwegian listed telecommunications company in which the Norwegian state has a 54% stake through the Ministry of Industry and Trade, acquired its first satellite in 1992. Telenor is now a significant international service provider.
The developments in Norwegian space activity continue at an increasing pace. The private actors in the space industry have a turnover of almost NOK10 billion per year, and there is a great variation in the services and products that are provided. Within this industry we find several different types of companies, which deliver very different services and products. The industry organisation NIFRO (The Norwegian Industrial Forum for Space Activities) has members within very different industries, including telecommunications, satellite components and sub-systems, propulsion and the development of probe rockets, satellite development, launch facilities for probe rocket and balloon operations, ground stations and systems for satellite communication and operation, space science, space education and other services to the space sector.
The Norwegian space industry also partly consists of state funding and activity, and space activity is a separate post in the Norwegian state budget. The majority of the funds go to financing the Norwegian participation in international space programmes, and otherwise the operation of the Norwegian space centre and certain national investments. In addition, the state controls three executive bodies within space activities, namely the Norwegian Space Agency, Space Norway, and 90% ownership in Andøya Space Center AS. The Norwegian Space Agency manages the state’s investment funds and advises the state, Space Norway develops space infrastructure to meet society’s needs, and Andøya Space Center serves customers who wish to launch probe rockets.
In April 2025, the first test rocket for Isar Aerospace was made at Andøya Spaceport.
Norwegian law is based on a civil law tradition. Thus, the majority of the relevant rules are adopted by the Norwegian Parliament (Stortinget). However, the authority to adopt rules can be delegated to administrative bodies, which is the case for both the existing and proposed Space Act. Furthermore, Norway’s membership in the EEA and obligations under international law will, depending on the circumstances, involve obligations to implement international rules in Norwegian law. For more detailed information, see 1.1 International Legal and Regulatory Developments.
As also described in 1.1 International Legal and Regulatory Developments, the Ministry of Industry and Trade is currently drafting a new Space Act to be presented to the Norwegian Parliament.
To this date, there is no relevant case law within space law in Norway.
See 1.2 NewSpace and the Space Tech Economy. The Norwegian space industry started as a state-run business and was, over a number of years, characterised by government initiatives and governance. Today, however, private actors in the space industry have a turnover of almost NOK10 billion a year, providing a wide range of services and products. A significant portion of space activity is still state funded, and the majority of the funding goes to financing Norwegian participation in international space programmes.
In addition, the state controls three executive bodies within space activities, namely the Norwegian Space Agency, Space Norway and 90% ownership in Andøya Space Center AS. The Norwegian Space Agency manages the state’s investment funds and advises the state, Space Norway develops space infrastructure to meet society’s needs, and Andøya Space Center serves customers who wish to launch probe rockets.
Even though the Norwegian authorities have adopted little legislation in the area of the space industry so far, new legislative work is now underway. See more about this in 1.1 International Legal and Regulatory Developments.
The sectoral responsibility for the space industry belongs to the Norwegian Ministry of Industry and Trade. The Ministry has sectoral responsibility for space operations and has agency responsibility for the Norwegian Space Center and Norwegian nuclear decommissioning. The Ministry is also responsible for corporate governance of the state’s ownership in Andøya Space AS and Space Norway AS, as well as for space co-operation in the European Space Agency, the EU and the UN.
Thus, the Norwegian state acts as both regulator, participant and facilitator.
The Norwegian Space Act is an authorisation act that gives the authorities (the Ministry of Industry and Trade) the right to manage space activities through decisions. The Act states that it is illegal to launch objects into space from Norwegian territory, from Norwegian vessels or by Norwegian citizens or people resident in Norway on territory not subject to any state power, unless permission has been granted by the Ministry. The law does not say anything about when, and possibly under what conditions, such permits shall be granted.
Specific rules on permission from the National Communications Authority (NKOM) to use earth stations to send or receive data from a satellite in Svalbard and Antarctica follow from the regulations on earth stations for satellites in Svalbard and Regulations on earth stations for satellites in Antarctica.
The Norwegian Communications Authority (NKOM) is responsible for the management of radio frequencies in Norway. The management consists of planning, allocation, guidance and supervision. NKOM collaborates with the ITU, a special body for information and communication technology under the UN and participates in the ITU-R. The ITU-R is responsible for global regulation of the frequency spectrum and satellite orbits. The basis for the ITU-R is the Radio Regulations, an international agreement on how frequency use should be organised at national borders to avoid interference. In Europe, European countries cooperate through the CEPT (European Conference of Postal and Telecommunications Administrations).
NKOM does not have its own dispute resolution service but will in practice resolve conflicts through its administrative function.
Norway acts both as a facilitator through its control function (granting permits), and as a provider through Andøya Space Center.
There is considerable regulation of space activities, mainly by UN bodies. Norway has acceded to four of the UN’s five space treaties. The legal landscape is also affected by intergovernmental and non-binding guidelines.
The UN Outer Space Treaty is the most important treaty on activities in outer space and is ratified by most countries with significant activity in space. The treaty contains basic principles for activities in outer space, including rules on jurisdiction. The purpose of the treaty is that the exploitation and use of outer space must “be carried out for the benefit and interest of all countries, irrespective of their economic or scientific development” (see Article 1 first paragraph). An essential obligation under the treaty is the obligation to require approval and to carry out continuous supervision of non-governmental space activities.
Norway is also party to the Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (Rescue Agreement). The Rescue Agreement obliges the parties to assist in rescue operations under certain conditions. Furthermore, the agreement regulates obligations to return astronauts and space objects if these land on the territory of another country. The Agreement has no significance for Norwegian national laws.
The Convention on international liability for damage caused by space objects (Liability Convention), ratified by Norway in 1995, gives rules on liability to ensure coverage for damage that occurs because of space activities. The parties to the treaty are liable for compensation to other countries for their own actions and actions carried out by private actors. Although the treaty does not oblige the treaty parties to implement specific forms of compensation rules in their national laws, the Space Act Committee (see above) intends to implement such rules in the new Norwegian Space Act.
The Convention on registration of objects launched into outer space (Registration Convention) was ratified by Norway on 28 June 1995. The convention provides more detailed rules on the registration of space objects.
The Norwegian ratification of the Rescue Agreement, Liability Convention and Registration Convention did not entail revisions of the Norwegian Space Act of 1969.
Norway is not part of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Treaty). The Space Act Committee nevertheless considers that the Moon Treaty would not have impacted the proposed new Space Act.
Norway has also entered into several other multilateral and bilateral agreements. Of importance is Norwegian co-operation with the European Space Agency (ESA).
Finally, Norwegian space law is affected by non-binding instruments, such as resolutions from the UN General Assembly, decisions from COPUOUS (The Committee on the Peaceful Uses of Outer Space, set up by the General Assembly in 1959) and recommendations from the International Law Association. These are characterised by the fact that they are not legally binding, and compliance is therefore voluntary. However, it must be assumed that the Norwegian authorities will strive to follow them. The Space Act Committee assumes that compliance with non-binding guidelines and recommendations is in the interests of the Norwegian authorities.
On 15 May 2025, Norway ratified the Artemis Agreement as the 55th country, which is an important step in the country’s space policy. The agreement raises questions about the ownership and regulation of space. It signals Norway’s commitment to co-operation and sustainable use of space.
Norway is also a party to the EEA Agreement, which makes Norway part of the EU’s internal market. Although the EU does not have the competence to harmonise national space law, EU law will, depending on the circumstances, have an impact on national space law, considering that the four freedoms place restrictions on authorities’ ability to interfere with economic activity. The proposed new EU Space Act will probably come into force under Norwegian law, if it is applied in the EU (as of June 2025 this has not occurred).
The current Norwegian Space Act has no rules on liability and insurance. In contrast, Section 6-7 of the Ecom Act contains a basis for recourse from the state. In the absence of special rules, the general tort law rules in Norway will apply. This includes, for example, the Norwegian Compensation Act, Section 2-1, which states that employers are liable for intentional and negligent damage to their employees. Furthermore, there is a non-statutory objective (strict) liability for “dangerous business”.
Norway is, however, a party to the Convention on international liability for damage caused by space objects (Liability Convention). The convention gives rules on liability to ensure coverage for damage that occurs because of space activities. The parties to the treaty are liable for compensation to other countries for their own actions and actions carried out by private actors. Although the treaty does not oblige the treaty parties to implement specific forms of compensation rules in their national laws, the Space Act Committee intends to implement such rules in the Norwegian Space Act.
The Space Act Committee has proposed that the new Space Act states that there is an objective (strict) responsibility for the operator according to the model of the Liability Convention. Furthermore, the Committee suggests recourse liability for the operator if the state has to pay according to the Liability Convention, but that both liability for damage and liability for recourse are limited. In addition, the Committee suggests a duty for the operator to take out insurance or provide other security for liability.
The exact content of the rules will have to be determined by the Parliament when considering the bill, which is now (as of May 2025) being prepared by the Ministry of Industry and Trade.
The Norwegian government’s airspace strategy acknowledges the challenges in regulating the “border zone” between conventional airspace and outer space. This includes higher airspace operations (HAO) and high-altitude operations.
The strategy references international frameworks like ICAO’s Resolution A40-7, which aims to address the use of upper airspace. (ICAO’s Resolution A40-7 refers to a resolution adopted by the International Civil Aviation Organization (ICAO) during its 40th Assembly in 2019. This resolution is titled “Addressing Cybersecurity in Civil Aviation” and focuses on the importance of managing cybersecurity risks in the global aviation sector).
However, specific national regulations for VHA activities are still under development. The Space Law Committee has highlighted the disagreements regarding a definition of outer space under international law and believes that Norway should await the international efforts on a possible multilaterally embedded definition. The Committee also believes there may be grounds for claiming that the boundary for outer space is not lower than 80km and not higher than 110 km. This ambiguity in international law thereby relates to an area of approximately 30 km. In the absence of an established boundary, it must be determined on a discretionary basis. For activities in the border areas between conventional space and outer space, it will be necessary to distinguish between activities that, by their nature, are aviation, and activities that should be regulated by the new Space Act relating to activities in outer space.
Norway’s obligations under international law only require Norway to implement specific rules to a small extent, and the Norwegian Space Act is very brief and concise. The Act consists of only three sections and is an authorisation act that gives the authorities (the Ministry of Industry and Trade) the right to manage space activities through decisions.
Section one states that it is illegal to launch objects into space from Norwegian territory, from Norwegian vessels or by Norwegian citizens or people resident in Norway on territory not subject to any state power, unless permission has been granted by the Ministry. The law does not say anything about when, and possibly under what conditions, such permits shall be granted.
Furthermore, the Space Act gives the Ministry the authorisation to give more detailed regulations, which they have done.
Regulations on earth stations for satellites in Svalbard and Regulations on earth stations for satellites in Antarctica state that the establishment, operation and use of an earth station that sends data to or receives data from a satellite require permission from the National Communications Authority (NKOM). Further, the regulation states that it is not permitted to use an earth station to send data to or read data from a satellite that performs functions specifically for military purposes, with the exception of assistance to a satellite in an emergency. The holder of a permit to establish, operate and use an earth station with a movable antenna must continuously log all satellite passes where an earth station sends data to or reads data from a satellite and store all relevant data about the antenna control orders at the same level as the logging.
Further, we assume that Norwegian space activity will be regulated by the Norwegian Digital Security Act, which implements the NIS1 directive. The Act is, amongst other things, supposed to counteract unwanted incidents in network and information systems that are used to deliver socially important services and digital services. It was announced in December 2023, and will enter into force in 2024. NIS2, an updated version of the NIS1 directive, was adopted on 14 December 2022, and implemented by EU member states by 24 October, 2024. The NIS2 directive categorises space activities as “high risk”. NIS2 has not yet been implemented in Norway.
In addition, the Norwegian Space Center and Space Norway are subject to the National Security Act, which is designed to prevent, uncover and counter activities that threaten national security interests.
The Norwegian Space Act has no rules to ensure non-interference with the activities of other space-faring entities. International law lays down few guidelines for the design of the law’s requirements for space activities. To a certain extent, the Ministry or NKOM can set conditions for the granting of permission, and thereby control activities that have particular potential for damage. This principle is continued in the new Space Act.
The Space Act Committee has also proposed new rules on responsible conduct of space activities. The rule is supposed to apply as an overarching norm for how the operator must act. The draft’s special obligations can be seen as casuistic results of what constitutes responsible behaviour. The other obligations will thus also have the function of clarifying the norm, at the same time as the overarching norm implies that the law sets requirements for all parties involved in space activities.
None of the proposed rules specifically apply to non-interference, but the principle of responsible conduct will apply as a norm, nevertheless.
We refer to the description of the principle of responsible conduct in 3.2 Principles of Non-Interference and Prevention of Harmful Interference. An expression of the principle is the proposed rules on space debris and the safeguarding of the environment.
The Space Law Committee proposes a rule that space activity should not lead to more space debris than is strictly necessary. The obligation in the provision is not absolute in the sense that space debris is prohibited. Instead, the threshold is no more than “strictly necessary”. The sharpened assessment of necessity marks that space debris is a serious challenge for the sustainable use of outer space, and that the operator should therefore make a significant effort to avoid space activity leaving space debris. The committee also refers to non-binding guidelines that must be taken into account by the operator carrying out the space activity, including the Inter-Agency Space Debris Coordination Committee (IADC), UNCOPUOS Space Debris Mitigation Guidelines and Guidelines for the Long-Term Sustainability of Outer Space Activities.
Furthermore, the committee’s proposal stipulates that space activity must not lead to unnecessary or unreasonable damage to the environment. This proposed duty entails that space activity must be conducted in such a way that the activity does not at any time lead to significant negative effects on the environment. The provision sets a legal standard and is a general material provision which, together with the proposed regulatory authority, gives the opportunity to provide further provisions to ensure that space activities are carried out without unreasonable environmental damage.
There are no specific intellectual property rules applying to space activities and assets.
There is no specific Norwegian regulation on the processing of, or access to, space data.
Norway does not currently have a specific legal framework governing “space data spaces” as a distinct category. However, the country is actively involved in broader data governance initiatives that could encompass space-related data.
National Digital Strategy
Space Data in Broader Contexts
EU data spaces
Nordic health data spaces
Space data and international collaboration
European Space Agency (ESA)
We assume that Norwegian space activity will be regulated by the Norwegian Digital Security Act, which implements the NIS1 directive. The Act is, amongst other things, supposed to counteract unwanted incidents in network and information systems that are used to deliver socially important services and digital services. It was announced in December 2023, and will enter into force in 2024. NIS2, an updated version of the NIS1 directive, was adopted on 14 December 2022, and implemented by EU member states by 24 October 2024. The NIS2 directive categorises space activities as “high risk”. NIS2 has not yet been implemented in Norway.
In addition, the Norwegian Space Center and Space Norway are subject to the National Security Act, which is designed prevent, uncover and counter activities that threaten national security interests.
See 3.3 Operators’ Responsibilities. There are no specific rules on protected zones or critical space minerals. However, such considerations will be taken into account when granting permits to conduct space activities.
See 3.3 Operators’ Responsibilities.
See 3.3 Operators’ Responsibilities.
Norway does not have a specific tax system exclusively for space activities. However, the taxation of space-related operations falls under the general Norwegian tax framework, which includes corporate income tax, VAT, and other applicable levies.
Norway has extended tax liability to foreign companies operating in specific sectors, such as aquaculture and activities on the continental shelf. While this does not explicitly include space activities, similar principles could apply to foreign entities involved in space operations.
See 6.2 Tax Incentives for Space Investors.
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Norway’s State Budget for Space Activities (2024)
Budget allocation
Primary allocation of funds
Commitment to ESA programmes
Strategic focus areas
Strategic focus areas include:
National space priorities
National space priorities include:
Private actors
Private actors in the space industry can apply for support through Innovation Norway, which allocates money to projects in the business world through loans, grants, consultancy, and so on. The Norwegian Space Center also distributes funds through a separate grant scheme. The ESA and the EU also have several instruments for development support.
In recent years, private initiatives and private financing have increased in the Norwegian space industry. On a global basis, public funding is supplemented to an increasing extent by private risk capital. These range from wealthy individuals to conventional financial investors such as banks and investment funds on the basis of business considerations. The background is both technological developments and changed policies of leading state actors. Among the most important technological changes is the emergence of small satellite technology, which lowers the threshold for entering the space market by offering smaller, lighter and cheaper satellites based on commercial components from consumer technology. Such satellites can be replaced relatively quickly at a relatively low price. This reduces the barriers for new players in the market. At the same time, there has been growth in the market for data. This enables the commercial harvesting and sale of data.
The Norwegian space industry is characterised by having been built up through many years of investment both from the Norwegian authorities and from the business community. The competitiveness of Norwegian business is primarily a job for the business community itself, by exploiting the opportunities the changes in the space industry create for competitive products and services. The Norwegian state aims to ensure these opportunities through good general framework conditions, such as access to qualified labour, well-functioning infrastructure, simple regulations for running businesses, good access to international markets and a user-friendly policy apparatus. The Norwegian authorities also seek to facilitate private investment through public investment and public-private partnerships, with an emphasis on developing new suppliers in the private sector.
There are no such specific rules under Norwegian law. However, actors within the space industry can be subject to the National Security Act, which applies to state, county and municipal bodies and suppliers of goods or services in connection with security-graded acquisitions. The National Security Act has rules on ownership control. If the acquisition of an ownership stake in businesses that are covered by the law will entail a not insignificant risk of national security interests being threatened, the government can stop the acquisition. Acquisition of a qualifying share in businesses that are covered by the law also entails a reporting obligation.
There are no such specific rules for documentation.
Conducting due diligence in NewSpace fundraisings or M&A transactions is essential to evaluate the risks, opportunities, and overall value of the target company. The space industry is highly specialised, capital-intensive, and regulated, which makes thorough due diligence even more critical. There are no specific rules for DDs in NewSpace, although some elements should, for example, be considered:
In Norway, liquidity events in the space industry follow general corporate and financial transaction processes while incorporating considerations specific to the space sector. These processes are influenced by Norway’s regulatory framework, international obligations, and the growing NewSpace economy.
Oslo Stock Exchange (Oslo Børs)
Nordic Securities Markets
Patent law in Norway is territorial, meaning that the protection and enforcement of patents apply within Norwegian jurisdiction. Norway adheres to the principles of the Norwegian Patents Act, which grants inventors exclusive rights to commercially exploit their inventions within Norway.
There are no specific rules in Norwegian law that directly address intellectual property rights related to space activities.
In Norway, companies commonly seek patent protection both nationally and internationally, particularly through the PCT system. For space activities, NewSpace companies may choose to protect inventions in all states involved in launching, manufacturing, or distributing their technologies. This ensures broader protection and mitigates the risk of infringement.
The space sector is characterised by a high degree of collaboration between various stakeholders, including private companies, public institutions, and international organisations. Such collaborations often result in co-ownership or joint ownership of intellectual property rights, depending on the contractual terms. This is more prevalent in the space sector than in many other industries, as projects are typically complex and require contributions from multiple parties.
There are no specific rules in Norwegian law for enforcing patent rights related to space activities.
With the rise of artificial intelligence, space mining, and the potential for manufacturing in space, there may be a need for new rules governing the enforcement of patent rights. This is particularly relevant for inventions created or manufactured in space. Currently, and to our knowledge, there are no specific discussions in Norway about applying patent law to space activities, but this could become a relevant topic as the space industry evolves.
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There is no applicable information in this jurisdiction.
There is no applicable information in this jurisdiction.