EEA Agreement 2026: new digital obligations for operators and platforms in Norway, Iceland and Liechtenstein

Key data

If your company operates in Norway, Iceland or Liechtenstein, or provides digital services across borders to those countries, this decision directly affects you. The EEA Joint Committee Decision No. 147/2026, adopted on April 30, 2026 and published on July 23, 2026, updates Annex XI of the EEA Agreement, which regulates electronic communications, audiovisual services and the information society.

The objective is to ensure that the three non-EU EEA countries apply the same digital rules that govern the European internal market. This means that any current European regulation on digital matters that has been incorporated into Annex XI becomes mandatory in those territories as well.

What does this regulation establish?

The EEA Agreement allows Norway, Iceland and Liechtenstein to participate in the EU internal market without being member states. For this to work, their regulatory frameworks must be updated periodically to reflect current European legislation. The EEA Joint Committee is the body responsible for approving these updates.

With Decision 147/2026, Annex XI is modified, which covers three major areas:

• Electronic communications: networks, services, infrastructure and associated resources.
• Audiovisual services: television, video on demand, content platforms.
• Information society: digital services, e-commerce, online platforms.

The modification incorporates into Annex XI the European regulation that has entered into force in the EU and had not yet been transferred to the EEA legal framework. In this way, regulatory homogeneity in the expanded digital internal market is guaranteed.

Companies that already comply with European regulation in their operations within the EU must verify whether the new provisions incorporated into Annex XI introduce nuances or additional requirements specific to the three non-EU EEA countries.

Economic and operational impact

The main impact is not a new penalty or fee: it is a compliance risk for companies operating in the three non-EU EEA countries that have not updated their compliance policies in accordance with the latest European regulation.

The most relevant operational effects are:

• Review of contracts and terms of service to adapt them to the new provisions incorporated into Annex XI.
• Update of compliance systems regarding electronic communications and digital services for the Norwegian, Icelandic and Liechtenstein markets.
• Coordination with local legal teams in Norway, Iceland and Liechtenstein to verify effective transposition of the new provisions.
• Review of cross-border obligations for digital service providers operating from Spain or other EU countries to non-EU EEA.

Companies that already operate under current European regulation in the EU will have an advantage: in most cases, the effort to adapt will be limited. However, incorporation into Annex XI may introduce transposition deadlines or notification requirements specific to each EEA country that must be verified on a case-by-case basis.

Who does it affect?

• Telecommunications operators with activity in Norway, Iceland or Liechtenstein, or providing cross-border services to those countries.
• Digital platforms (e-commerce, marketplaces, online services) operating or having users in non-EU EEA.
• Audiovisual service providers: television channels, video on demand platforms, content distributors.
• Spanish or European companies that export digital or electronic communications services to the three non-EU EEA countries.
• Legal and compliance advisors managing clients with presence in the expanded EEA.
• CFOs and operations directors of multinational groups with subsidiaries or activity in Norway, Iceland or Liechtenstein.

Practical example

Imagine a Spanish video on demand platform that distributes content in several European countries, including Norway. Until now, its legal team reviewed regulatory compliance in accordance with EU legislation and assumed that Norway followed an equivalent framework.

With Decision 147/2026, Annex XI of the EEA Agreement is updated to incorporate current European regulation that was not previously formally integrated into the Norwegian legal framework. This means that the platform must:

1. Identify which specific provisions have been incorporated into Annex XI with this decision.
2. Verify whether those provisions were already being applied in its Norwegian operations or if they require adjustments.
3. Update its terms of service, privacy policies or operating procedures if any of the new provisions require it.

The cost of this process will depend on the size of the company and its previous compliance level, but in no case can it be ignored: the Decision has direct effect from April 30, 2026.

What should companies do now?

1. Identify if you operate in non-EU EEA: Verify if your company provides telecommunications services, digital platforms or audiovisual content in Norway, Iceland or Liechtenstein, either directly or cross-border.
2. Review the updated Annex XI: Consult the full text of Decision 147/2026 in the EU Official Journal to identify which specific provisions have been incorporated.
3. Evaluate the compliance gap: Compare the new provisions incorporated with your current policies and procedures in the affected EEA countries.
4. Coordinate with local legal advice: Contact experts in Norwegian, Icelandic or Liechtenstein law to confirm effective transposition deadlines and specific requirements for each jurisdiction.
5. Update documentation and contracts: If gaps are detected, update terms of service, contracts with customers and suppliers, and internal compliance policies.
6. Establish a regulatory alert system: Updates to Annex XI are periodic. Implement a monitoring process to avoid future compliance breaches.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601517