Norwegian Ministry

of Local Government Strategy

and Modernisation

Cloud Computing Strategy

for Norway
Foreword
Norwegian public and private enterprises outsourced services for many years. This allows
them to focus on their core activities and leave for example IT services to an external party. In
recent years cloud computing has become an important outsourcing alternative. We see that
a growing number of both infrastructure and software services are being supplied in the
cloud. This also applies to services aimed at the public sector.

One could ask whether we need a separate strategy for cloud services; after all, we have been
outsourcing services for many years now. However, cloud services differ from traditional out-
sourcing models in important areas which create challenges for enterprises considering using
such services and, in particular, for public sector enterprises: it is not always possible to know
exactly where or when data is stored or processed, and the agreements regulating these
services are often standard contracts issued by the service providers. Many enterprises have
concerns about the security of cloud services and whether current regulations permit their
use.

The public sector must become more cost-effective in the coming years, and the use of ICT
and the digitisation of services constitute a vital element in this process. But the operation of
digital services and public ICT systems must also be cost-effective. In the Circular on digitisation
for 2016, which applies to all public sector enterprises, we therefore require that they consider
cloud services as an alternative when procuring ICT. In this strategy we propose measures to
make it easier for both public and private enterprises to conduct this type of assessment.

It is also important that public sector enterprises operate their ICT systems reliably and
securely. A key element of the development of this strategy has been to assess existing
legislation to ensure that it makes clear what is permissible and what is not. In following up
this strategy, we will establish resources that can provide guidelines for procurement of cloud
computing on topics such as: information value assessment, information security, risk
assessment and contract management for the public sector. Such resources will also have
transfer value for business and industry.

During the development of this strategy the Ministry of Local Government and Modernisation
has held workshops with public sector enterprises, municipalities and the ICT industry, as well
as regular meetings with an advisory group with representatives from central government,
local government and key stakeholders in data protection and security. During the same
period, the Norwegian Association of Local and Regional Authorities has conducted a
feasibility study of the use of cloud computing in the municipalities. The two projects have
cooperated closely. I would like to thank everyone involved for providing important input.

Jan Tore Sanner

Minister of Local Government and Modernisation

2
Contents

Foreword ......................................................................................................................................... 2

Contents .......................................................................................................................................... 3

1 Introduction and summary ................................................................................................... 4

2 What is cloud computing? ..................................................................................................... 7

Service models ........................................................................................................................ 8
Deployment models ............................................................................................................... 8

Benefits and challenges of cloud computing ......................................................................... 9

Cost-effectiveness .................................................................................................................. 9
Scalability ............................................................................................................................... 10
Security .................................................................................................................................. 10
Energy efficiency ................................................................................................................... 12
Flexibility ................................................................................................................................ 12
Innovation ............................................................................................................................. 12

Important considerations before procuring cloud services ............................................... 13

Sourcing ................................................................................................................................. 13
Architecture ........................................................................................................................... 14
Information security............................................................................................................. 14
Data protection ..................................................................................................................... 16
Procurement ......................................................................................................................... 17

3 Cloud computing and legislative challenges ..................................................................... 19

Public Archives Act ................................................................................................................... 19

Bookkeeping Act ....................................................................................................................... 20

Security Act................................................................................................................................ 21

Data protection and confidentiality ....................................................................................... 21

Supervision................................................................................................................................ 23

4 Conditions for using cloud computing in the public sector............................................ 25

Principles for using cloud computing .................................................................................... 25

The need for guidance and control ....................................................................................... 26

Contractual control .............................................................................................................. 27
Guidance from the Agency for Public Management and eGovernment (Difi) ............. 28
Sectoral information value assessment ............................................................................ 28
Certification requirements .................................................................................................. 29
A marketplace for cloud services aimed at the public sector ........................................ 31
Coordinating the establishment of new data centres ..................................................... 31

3
1 Introduction and summary
Future growth and welfare in Norway is contingent on continued increase in productivity.1 Two
key factors for growth are innovation and new business development. In order to meet future
requirements for public services, we need to make better use of technology. The private
sector, particularly service industries, needs to improve at adopting new technology to ensure
continued increase in productivity.

Public sector enterprises vary widely in terms of needs, risk profiles, financing and available
expertise. One thing they have in common is a responsibility to choose the most appropriate
and cost-effective ICT solutions that meet their needs. It goes without saying that the same
applies to business and industry.

The public sector has a duty to operate as cost-effectively as possible, but it also has a
responsibility to properly safeguard citizens’ personal data and to protect their interests. It is
therefore important that all available solutions be assessed – including cloud computing –
when deciding which ICT solutions to procure. Services from the public cloud will suit some
enterprises, but not all. The best solution is often a combination of delivery models.

When enterprises are asked about their motivation for considering cloud computing, the
usual answers are reduced costs and increased flexibility, but a third answer we are hearing
more often is: “This is how solutions are being supplied now. If we are to have the latest
version of the systems we want to use, then we have to choose cloud services.” Cloud
computing can reduce the need for investment and thus reduce the risks associated with
establishing a new business or developing new services.

However, many enterprises – both public and private – find it difficult to know whether cloud
computing is legally permitted and sufficiently secure. And is it really acceptable to store
personal data abroad? The Government’s aim for this strategy is to clarify questions like these.

Strategy objectives
The main objective of the Cloud Computing Strategy for Norway is to provide public and private
enterprises with more room for manoeuvre when deciding which ICT solutions to use.
Provided that other important considerations are not compromised, enterprises should be
able to use cloud services wherever they promise the best result and the most cost-effective
solution.

The strategy should facilitate:

 more cost-effective ICT solutions

 increased focus on core activities
 greater flexibility
 greater security through more professional and standardised ICT
 lower threshold for innovation and startups
 reduced carbon footprint from ICT operations

1
NOU 2015:1 Produktivitet – grunnlag for vekst og velferd [Productivity – Underpinning Growth and Welfare]. First report
of the Productivity Commission.
4
Target group for the strategy
This strategy is aimed at all enterprises, both public and private. Much of the strategy is
directly aimed at the public sector, but these parts will also have transfer value for business
and industry. Not least, it will be important for those segments of the private sector delivering
ICT solutions to the public sector to know what principles public sector enterprises must
follow when procuring new ICT services.

The strategy is not aimed particularly at consumers. While there are several interesting issues
related to cloud services for consumers, they are not within the scope of this strategy. Such
issues fall under the mandate of the Ministry of Children and Equality and the Norwegian
Consumer Council.

Summary
The strategy is structured in such a way that the general sections – those addressing both the
public and the private sectors – are presented first.

Chapter 2 discusses important features, benefits and challenges of cloud computing. This
chapter also discusses some important general considerations that must be taken into
account when procuring cloud services.

One important part of the work done on this strategy has been to review Norwegian
legislation to identify any obstacles to the use of cloud services, and to assess whether
something should be done about them. It is also important to look at areas where legislation
is complicated or vague and assess whether laws and regulations relating to cloud computing
can be clarified.

The legal review has resulted in some important measures:

 Revision of the Regulations pursuant to the Public Archives Act and, where appropriate,
sections of the Public Archives Act to better adapt archiving regulations to digitisation.
One point to be considered is the need for amendments to allow public bodies to use
cloud services with servers located outside Norway for archiving purposes.
 Assessment of the possibilities for expanding the number of countries where book-
keeping data can be stored legally. Important measures in this area are already under
way in the European Union (EU), and Norway will monitor developments closely.
 Efforts to harmonise supervisory practices as far as possible, so that enterprises do not
encounter conflicting requirements issued by different supervisory authorities.
 Input to the EU’s work on establishing common criteria (standards, certification schemes,
etc.) for cloud services.

The legal challenges are discussed in more detail in chapter three.

The Government has already implemented one key measure addressing cloud services.
The Circular on digitisation for 2016, which was issued to all public agencies, included the
principle for using cloud computing:
 Cloud computing shall be assessed on the same basis as other solutions when considering
major changes or reorganisation of ICT systems or operations:
 when procuring new systems or performing major upgrades
 when undertaking extensive replacements of hardware
5
  when existing operating agreements expire
 When they offer the most appropriate and cost-effective solution and when no particular
obstacles stand in the way of using them, cloud services should be chosen.
 The chosen solution must satisfy the agency’s requirements for information security. This
means that enterprises must know the value of its own systems and data, and perform a risk
assessment of the chosen solution.

The principle for using cloud computing is discussed in more detail in chapter 4 Conditions for
using cloud computing in the public sector.

Chapter 4 also discusses control issues relevant to the public sector, as well as what control
mechanisms exist for cloud computing. We also present measures that will make it easier for
public sector enterprises to assess cloud services:

 Resources to support enterprises in assessing and procuring cloud services.

 A project to identify and evaluate different models for a potential marketplace and/or
procurement framework for cloud computing services aimed at the public sector.
 The Government also wants to facilitate better utilisation of existing public data centre
resources, in particular for agencies with such security requirements that they are
considering buying high-security data centre services or establishing their own data
centres in Norway. In such cases, agencies must assess the possibility of utilising free
capacity from – or cooperating with – other agencies with similar needs.

6
2 What is cloud computing?
Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access
to a shared pool of configurable computing resources (e.g., networks, servers, storage,
applications, and services) that can be rapidly provisioned and released with minimal
management effort or service provider interaction.

The buying of services from external providers is not something new. The risk involved in
using cloud services is essentially the same as that for traditional outsourcing of ICT operating
services, where risk and vulnerability are associated with the choice of provider, location,
communication channels and architecture.2

The Government has chosen to use the NIST (National Institute of Standards and Technology)
definition of cloud computing.3

NIST defines the following characteristics of cloud computing:

 On demand self-service
A consumer can unilaterally provision computing capabilities, such as server time and
network storage, as needed automatically without requiring human interaction with
each service provider.
 Broad network access
Capabilities are available over the network and accessed through standard
mechanisms that promote use by heterogeneous thin or thick client platforms (e.g.,
mobile phones, tablets, laptops, and workstations).
 Resource pooling
The provider’s computing resources are pooled to serve multiple consumers ,
dynamically assigning physical and virtual resources according to consumer demand.
 Rapid elasticity
Capabilities can be elastically provisioned and released according to demand. They
appear to be unlimited and can be appropriated in any quantity at any time.
 Measured service
Resource usage is monitored, controlled and reported, providing transparency for both
the customer and the service provider.

Five characteristics Three service models Four deployment models

On-demand self- Software as a Service (SaaS) Public cloud

service Desktop applications, CRM, accounting
Community cloud
Broad network access Platform as a Service (PaaS) Similar enterprises share
Databases, development platforms, a cloud
Resource pooling
operating systems
Private cloud
Rapid elasticity
Infrastructure as a Service (IaaS)
Hybrid cloud
Measured service Storage, processing, virtualisation
Public cloud combined with
private cloud/community cloud

2
NOU 2015: 13 Digital sårbarhet – sikkert samfunn [Digital Vulnerability and a Secure Society].
3
Mell, Peter and Grance, Timothy (2011): The NIST Definition of Cloud Computing. Recommendations of the National
Institute of Standards and Technology, U.S. Department of Commerce, NIST Special Publication 800-145.

7
 Example: UNINETT – a cloud broker for the higher education sector
UNINETT is owned by the Norwegian Ministry of Education and Research, and provides
internet access and online services to the higher education sector in Norway. In 2016 the
ministry has commissioned UNINETT to establish a community cloud for Norwegian
universities and university colleges. UNINETT will therefore serve as a cloud service
broker for the entire higher education sector and provide secure cloud services, including
adapted commercial cloud services.

UNINETT has already established a community cloud (UH-sky) in collaboration with the
Universities of Trondheim, Oslo, Bergen and Tromsø. The work on developing the cloud
brokerage service will continue this collaboration.

UNINETT is also working on cloud-based infrastructure platforms to make typical data-

centre services accessible from the cloud. Moreover, some universities are cooperating
on establishing a common infrastructure platform in their data centres so that they can
provide infrastructure services to other actors within the sector in the future.
Source: UNINETT

Service models
Different service models are available in the cloud, depending on enterprise needs. Software
or applications that are running on the provider's cloud infrastructure are known as Software
as a Service (SaaS). Using software hosted in the cloud means that customers are spared
having to buy, install, update and maintain software locally. Instead, users can run
applications through their web browser or another thin client. Examples of SaaS are desktop
applications such as word processing and spreadsheets, accounting and CRM systems.

Platform as a Service (PaaS) offers everything needed to support creating and deploying digital
services, such as programming languages, libraries and tools supported by the provider. A
platform can be a database or an entire development or test environment.

Infrastructure as a Service (IaaS) provides all the data resources customers normally need in
their own data centre or server room: storage, networks and other fundamental computing
resources. Although buying SaaS and PaaS is gradually becoming widespread, buying storage
and processing capacity is still more commonplace.

Deployment models
Cloud services can be provided through different deployment models:

Public cloud infrastructure provisioned for open use by the general public. The public cloud
provides standard solutions that are largely the same for all customers. The biggest and best-
known providers are Google, Amazon and Microsoft.

Public cloud can also be integrated with the architecture of software service providers –
including Norwegian providers – who provide software as a service. An enterprise can
therefore end up using services from the public cloud even if this was not explicitly a part of
the service purchased.

A private cloud is provisioned for exclusive use by a single organisation or group of enterprises
(often referred to as a community cloud). The environment from which the cloud service is
8
provided is dedicated to a specific customer or customer group. An organisation can also
operate its own cloud, but unless it is sufficiently large, it will not achieve the same economies
of scale as with a public cloud. On the other hand, it will not be exposed to the same risks.

If an enterprise uses a combination of public cloud and locally operated ICT systems, a private
cloud or a community cloud, this is known as a hybrid cloud.

Most enterprises have information which, for various reasons, they are reluctant to store in a
public cloud. This may be business-critical information or information that cannot be stored
abroad under current regulations, or data that would take too long to process elsewhere. At
the same time, the public cloud can be a good alternative when the need arises for extra
capacity or storing back-ups, or for hosting systems that are non-business-critical or that
contain information that must be stored locally. An architecture with a hybrid cloud enables
enterprises to take advantage of the benefits of a public cloud while at the same time
retaining control over business-critical components. Hybrid cloud is the deployment model
currently experiencing the fastest growth.4

This strategy focuses mostly on discussing the issues associated with using public cloud.
Clarifying what is legally permitted and recommended when it comes to the public cloud is
transferable to other models, such as community cloud or hybrid cloud where public cloud is
an integral part of the architecture.

Benefits and challenges of cloud computing

Cost savings is one of the most common benefits associated with cloud computing. It has also
been the motivation in many countries where governments have already established an ICT
strategy in which cloud computing play a key role. For example, the UK has implemented a
cloud-first policy,5 and expects the transition to affordable, standardised ICT solutions to
reduce ICT costs in the public sector.

In a study commissioned by the Norwegian Association of Local and Regional Authorities,6 the
responding municipalities considered the main drivers for adopting cloud computing to be:
financial, a wish to focus on service development, scalability and flexibility, and more
accessible to municipal services for citizens.

Cost-effectiveness
Many automatically think of reduced costs when cloud computing is mentioned. There are
several reasons for this: the fact that a cloud service requires no local infrastructure affects
the cost of investing in and operating ICT. Cloud computing can also lead to reduced costs for
updates, administration of software licences, etc.

The pricing model for cloud services, which entails measuring and paying for use, also makes
the costs for each service transparent. Customers avoid having to pay for more computing
power, more storage space or more programme licences than needed at any given time. Such

4
Rightscale (2016): State of the Cloud Report.
5 HM Government (2011): Government Cloud Strategy. A sub strategy of the Government ICT Strategy.
6 Advokatfirmaet Føyen Torkildsen AS (2015): Utredning av juridiske forhold ved bruk av nettsky i kommunal sektor – en
mulighetsstudie [Report on the legal aspects of cloud computing in the municipal sector: A feasibility study].
Norwegian Association of Local and Regional Authorities R&D project no. 144008.

9
 Example: Moss Municipality
Moss Municipality has a population of 32,000 and 2,500 employees. It administrates
around 100 IT systems and uses 8.2 full-time equivalents on ICT.

The municipality had to acquire several additional e-mail licences to provide all its
employees with e-mail accounts. It discovered that using Office 365 in the cloud cost far
less than using equivalent software installed locally. The municipality has opted for a
hybrid solution whereby parts of the system portfolio (including archives) are operated
locally while, for example, desktop applications are operated in a public cloud service
(Microsoft Azure). Although it also considered traditional outsourcing, the municipality
concluded that this would prove far more expensive than a cloud solution and more
expensive than continuing to operate IT locally.
Source: Moss Municipality

a pricing model is particularly favourable for enterprises that have processes requiring large
capacity but only for short periods of time; for example, monthly or annual tasks such as
issuing invoices or performing payroll runs.

Not all enterprises that adapt cloud services find them cheaper than other alternatives. This
particularly applies for enterprises with special requirements that cannot be provided as a
standard solution or where a cloud service will be part of a complex architecture with
extensive integration with existing systems.

Scalability
Cloud services offer practically unlimited capacity for data processing and storage. The
resources in the cloud are allocated to the customer organisations only when needed. This
means that enterprises need not worry about running out of capacity if, for example, a public
service it provides is used more than anticipated. This is also an advantage for enterprises
with services that are vulnerable to overload during peak periods, often without being able to
foresee their occurrence.

The elements that make cloud services cost-effective and scalable can also create challenges
for enterprises administrating personal data, confidential information or information in areas
where regulatory restrictions apply as to which countries data can be transferred. In order to
offer affordable services, providers make use of any free capacity they have in their systems.
Consequently, enterprises can never know which data centres – or countries – their
information is stored in at any given time. It may also be the case that a cloud software service
provider uses multiple subcontractors without this being clearly stated in the service
specification.

Security
Cloud computing can enhance technical ICT security when the service provider has better
expertise and resources than the customer. 7 This applies not least to the physical security of
premises where hardware is located. Large data centres generally have comprehensive
security measures in place, and heavy restrictions on who may enter the premises. Service

7
NOU 2015: 13 Digital sårbarhet – sikkert samfunn [Digital Vulnerability and a Secure Society].

10
 Example: Banedanmark
In December 2010 Banedanmark (the Danish rail network provider) migrated its website
to a cloud service (Microsoft Azure). That winter, Denmark's transport services
experienced major problems. While other transport companies found that their
information services failed due to the dramatic increase in enquiries from the public, this
did not happen to Banedanmark. At most, it had 5.5 million users in one day compared
with the normal 50,000. The company paid DKK 179 for the increased capacity it needed
during this period.
Source: Centre for Digital Administration (2013): Public sector use of cloud based solutions – the Danish experience.
Survey commissioned by Microsoft.

providers replace hardware and upgrade software regularly. There are certification schemes
for data centres indicating which security level a data centre meets.

When software is provided in the form of a cloud service, this often means that the customer
is provided with a standard solution. It also means that all customers receive security updates
and other software updates simultaneously. For many customers this can enhance security
because they previously lacked sound procedures for such updating.

Back-ups are normally part of a service portfolio when buying cloud services. Redundancy and
automatic transfer to a new location should something go wrong in the primary location are
other services often offered as standard.

A type of service that is growing in popularity is Security as a Service (SECaaS). Through SECaaS
enterprises can subscribe to various types of security services such as anti-virus programmes
and continual anti-virus updates, authentication, malware detection, and administration of
security events.

Although cloud computing can in many cases enhance security, it is important that enterprises
assess whether some of their information needs extra security measures for financial,
competitive or other reasons. Many enterprises may also find it relevant to assess the security
policy consequences of using cloud services based outside the European Economic Area (EEA).
Some national authorities allow greater access to foreign data than to data pertaining to their
own citizens and enterprises. Even enterprises that are not subject to the Security Act may
find it relevant to consider such matters.

It is worth mentioning that information which is not deemed sensitive in itself may be deemed
sensitive if stored in a common data centre or a cloud service where information belonging to
other societal functions is also stored. The potential harm through loss of the collective
information could have ramifications for national security. This can make risk assessments
more complicated, since an enterprise risks having to assess not only its own data but also the
consequence of storing too much public information in the same location.

Many enterprises feel safer having their own servers and data close to home, and fear losing
control if their data is stored and processed in a distant – and perhaps unknown – location.
This issue can be addressed through various control mechanisms, as discussed in detail in
chapter four.

11
Energy efficiency
Providers of services in the public cloud can allocate their hardware resources to a large
number of customers. This makes for more efficient energy consumption than if all the
customers had their own data centres with their own hardware, cooling systems, etc.

The current trend is for providers of cloud and data centre services to consolidate their data
centres into large and increasingly energy-efficient entities. These data centres are often
located in areas with stable access to cheap energy.

Flexibility
In many cases, cloud computing makes it easier to enable services (such as a municipality’s
case processing system) to be used from different locations and from different client types
(PC, tablet, mobile phone).

Both public and private enterprises are increasingly allowing their employees to use their own
PCs, tablets, etc. This policy is often referred to as Bring Your Own Device or BYOD. BYOD poses
new challenges in terms of security and availability. Cloud services can make it more
convenient for users to store their work on their enterprise’s storage area in the cloud instead
of locally on their personal equipment, outside the control of the enterprise. Most enterprises
have employees who already use unauthorised consumer cloud services in order to give them
flexibility in their working day. This poses a risk to the enterprises, not least because end-user
licence agreements in the consumer market often give service providers wide authority for
what they may do with their customers’ data.

As enterprises gradually buy more services in the cloud, this will affect the need for local
expertise. This may lead to reduced expertise in some areas because employees no longer
work in those areas on a daily basis. On the other hand, it could spare key personnel from
having to perform routine tasks and allow enterprises to devote more energy internally to
strategic planning and service development.

Innovation
Cloud services can reduce the scope of investments needed to start up new enterprises.
Because no major investments are needed in hardware and infrastructure or software
licences, there will be less need for startup capital.

This is particularly relevant when starting up an enterprise providing services to customers

over the internet: it can be difficult to estimate how many customers will come and how fast.
Nonetheless, not having sufficient capacity to provide a service can be risky if the service
quickly proves to be a success. A cloud-based infrastructure that can be scaled up or down
according to the expected number of customers and that is based on a pay-as-you-go model
will reduce the risk of loss on infrastructure investments. Such a model also allows enterprises
to take the time to adapt and further develop a service if it fails to prove successful
immediately.

For the same reason, cloud services can make it easier for existing enterprises to set up
platforms for development and innovation, such as test environments or pilot projects. This
can lower the threshold for testing new solutions, both internally and for customers.

12
 Example: Comoyo
Comoyo was Telenor's venture into streaming services. The service was established as
early as 2011.

As recently as in May 2013 Telenor announced: "With the newly established Comoyo,
Telenor will capture 130 million consumers in all channels and on all platforms." Telenor
closed down Comoyo in November 2013 after major international players like Netflix and
HBO established themselves with streaming services in the Nordic countries and
captured most of the market.

Telenor used Amazon's infrastructure to provide the service, which meant that it only
paid for the capacity it needed to serve the customers it had at any given time.
Consequently, when the service was discontinued, Telenor was not left with large
investments in infrastructure the company no longer needed.
Sources: Teknisk Ukeblad/Comoyo/Telenor

For the public sector, such platforms can make it easier to test and adopt new public services.
This is particularly important for the municipalities, as they often have few resources to
allocate to tasks like these. In this way cloud computing can contribute both to rationalisation
and service development in the public sector.

Important considerations before procuring cloud services

The Government wants to make it easier for public and private enterprises to consider cloud
computing as an alternative when procuring new ICT systems. A key premise for doing this is
clarifying the regulations, as discussed in chapter 3. However, other factors not directly related
to regulatory matters must also be taken into account when considering cloud computing.

Sourcing
The strategic decisions an enterprise makes regarding which services to buy from external
providers and which services to manage itself for strategic reasons constitute the enterprise’s
sourcing strategy.

Such strategies involve not only ICT; an enterprise may also decide to outsource functions
such as finance and accounting, logistics, or other tasks the enterprises does not regard as
core activities. This is often referred to as outsourcing. One reason for outsourcing services
might be to achieve economies of scale, making it more cost-effective for the enterprise than
having to produce the services itself.

Procurement of cloud services is a form of sourcing, as is an enterprise’s decision to produce

or operate its ICT solutions internally. Whichever sourcing strategy an enterprise chooses, an
analysis is needed to decide whether the chosen solution meets current requirements for the
type of information the system will process and whether the risk associated with the chosen
strategy is acceptable. Assessing risk or making sure a data processing agreement is signed
are not tasks that are specific to procuring cloud services; they need to be done regardless of
the chosen strategy.

13
Architecture
The Agency for Public Management and eGovernment (Difi) has defined a set of principles 8 to
serve as common guidelines for all use of ICT in the public sector. Public agencies are required
to follow the principles, whereas the municipal sector is recommended to do likewise.

Although an agency might not find cloud services that currently meet requirements for the
system it wants to develop or buy, by following Difi’s architectural principles it can make sure
that it does not preclude cloud computing as its chosen platform later on.

The key principles for ensuring that a chosen strategy does not preclude the use of cloud
computing are:
 Interoperability: Involves using technical standards that facilitate well-defined interfaces,
transmission protocols and formats.
 Flexibility: ICT solutions shall be designed in such a way that they do not pose barriers
against changes in business processes, content, organisation, ownership or infrastructure.
 Scalability: ICT solutions must be scalable to accommodate changes in use. Changes can
be related to, for example, the number of users, volume, response times, etc. It must be
possible to scale the solution up or down after it is put into operation.

The other principles – such as security and service orientation – are of course as important
and relevant for any ICT project for which cloud computing is being considered as for other
types of projects.

If an enterprise is to develop new, local systems, it is important to choose an architecture that

can benefit from the typical advantages of cloud computing and that is suitable for migrating
to the cloud if desired at a later date.

Information security
The security assessments that must be made when considering cloud computing are not that
different from those that need to be made when outsourcing to an external service provider.
In practice this means that the enterprise must carefully consider the formal guarantees the
service provider gives, such as where data will be stored or processed.

The risk associated with using cloud services will vary according to where sensitive data is to
be stored or processed and how the chosen cloud service provider has implemented its cloud
services. To what extent the provider should be assessed will depend on the value of the
information involved and how serious the consequences might be if something went wrong.

Information security has to do with how to maintain the confidentiality, integrity and
availability of information.9

Integrity is the assurance that data is comprehensive, accurate and valid. Integrity also assures
that no unauthorised changes are made to the data.

Confidentiality is assurance that information is not disclosed to unauthorised parties and that
only authorised persons – that is, people with the right to – gain access to it.

8
Agency for Public Management and eGovernment (2102): Overordnede IT-arkitekturprinsipper for offentlig sektor
[Overarching IT architectural principles for the public sector] Version 2.1, 17 September 2012.
9
Norwegian Ministry of Government Administration, Reform and Church Affairs (2013): Cyber Security Strategy for
Norway

14
Availability is assurance that a service meets specific requirements for stability so that the
information is available when needed.

Previously, security concerns were mainly associated with confidentiality, the main concern
being that unauthorised persons could, for example, gain access to business secrets or
sensitive information on individuals. We now see that concerns about integrity are increasing.
Unauthorised modification of data can occur as the result of either technical factors or
malicious attacks. If an enterprise does not trust the integrity of its system, there may be
serious consequences if the information is used for making important decisions or if, for
example, the information is stored in a system that is critical for the enterprise or its
customers.

As society becomes increasingly dependent on having access to ICT and networks in order to
function, availability will also become increasingly important when considering information
security issues. If a key service is not available over time, this can have serious consequences
for an enterprise. Many enterprises have critical systems that do not tolerate any downtime
whatsoever.

Moreover, the commission appointed to assess digital vulnerabilities in society (see text box)
raised a fourth security objective: traceability.10 Traceability has to do with finding out what
happened in retrospect; for example, by using change logs or other event logs.

Public enterprises must – and private enterprises should – perform risk and vulnerability
analyses when planning major changes such as new digital services, reorganising system
operation, changing service provider, etc. This requirement applies to all enterprises that
process personal data. The enterprise must assess what consequences different events may
have for its users, for the enterprise itself, and for the sector as a whole. The enterprise must
then assess the likelihood of these events occurring. The risk level is determined by a
combined assessment of the consequences of the events and the likelihood of them actually
occurring.

Similarly, each enterprise must assess what the consequences would be if a security breach
occurred along the three information security dimensions – availability, confidentiality and
integrity: What will happen if a system or service is unavailable for a given time period? What
are the possible consequences if an unauthorised party gains access to the information? What
are the possible consequences if unauthorised parties manage to modify the information so
that it can no longer be trusted? What is the likelihood of the individual consequences
occurring? Which consequence constitutes the greatest risk? What requirements should be set
to an internal or external provider for managing such risk?

The purpose of a risk analysis is to help an enterprise that is considering cloud computing to
make an informed assessment of whether the risk level associated with using cloud services is
acceptable. Such assessments must also be performed for other forms of sourcing where an
enterprise must hand over control of its data to an external partner.

10
NOU 2015: 13 Digital sårbarhet – sikkert samfunn [Digital Vulnerability and a Secure Society].

15
 Commission on Digital Vulnerability
In June 2014 the Government appointed a commission to examine digital vulnerabilities in
society (Lysne Commission). The commission presented its report to the Norwegian
Minster of Justice and Public Security on 30 November 2015.

Some of the issues relating to cloud computing discussed in the report are:
 Large, established cloud computing providers can often offer better security than
what many small organisations can manage themselves. This will of course depend
on the provider. The user is responsible for assessing whether the information it
intends to store in the cloud is vulnerable if transferred outside Norwegian
jurisdiction, and must weigh the consequences and risk against the benefits.
 The government authorities must not make it difficult to adopt practical and cost-
effective technology as long as there are solutions that are sufficiently secure. It is
important that Norwegian legislation not impede increased competitiveness.
 Section 9 of the Public Archives Act, which states that archives may not be transferred
out of the country, was introduced over 20 years ago, and therefore does not take
into account modern-day technology developments and needs.

Commission recommendations
Information can be divided into three categories:
1. Information that should only be stored in Norway
2. Information that can be stored abroad but that can be returned to Norway if
necessary, subject to specific conditions
3. Information that can be stored abroad without being subject to specific conditions

Category 1: Information that should only be stored inside Norwegian territory and
jurisdiction applies particularly to classified information. The commission concludes that
each sector must assess which information falls under the respective categories. The
commission also emphasizes that the sectors will in many cases find it difficult to
coordinate with each other, so there is a need for standards and guidance across the
sectors.

The commission highlighted the need to harmonise supervisory practices across the
sectors. This work should include taking a closer look at the use of third-party audits.
Source: NOU 2015: 13 Digital sårbarhet – sikkert samfunn [Digital Vulnerability and a Secure Society].

Data protection
It is important to check that the data processing agreement used meets the requirements
stipulated in the Personal Data Act. Once the new General Data Protection Regulation (see
chapter 3) enters into force, making the same regulations applicable to all processing of
personal data on citizens in the EU/EEA, service providers will likely issue more standardised
agreements.

Note that it is always the enterprise itself (the data controller) that is ultimately responsible for
ensuring that information be properly processed. This responsibility is not transferred to the
provider, even when all agreements are signed. Under the new General Data Protection

16
Regulation the provider (data processor) also has a responsibility, but that does not replace
the responsibility of the data controller.

The Norwegian Data Protection Authority has prepared a checklist with issues enterprises
must consider before they begin using cloud services for processing personal data. 11 The
checklist is based on legislation and best practice.

 The enterprise must perform thorough risk assessments, including risk and vulnerability
analyses.
 The enterprise must enter into a satisfactory data processing agreement, in accordance
with Norwegian legislation. When doing so, it is the data controller – meaning the
individual enterprise – that is responsible for ensuring regulatory compliance. The
agreement must clearly state where data is processed; this also applies to sub-
contractors.12 The agreement must not say anything to the effect that the provider (data
processor) may use personal data for its own purposes, such as to improve its services.
 Enterprises must review their use of cloud computing regularly. This means that the
enterprise itself, or a third party, must perform a security audit and ensure that the data
processing agreement is being followed. In the event of an inspection, the enterprise
must present an audit report to the Norwegian Data Protection Authority.
 The data controller must ensure that the cross-border transfer of data is in compliance
with the law.
 Communication must be secure. Sensitive personal data must be encrypted.
 The cloud service provider (data processor) must keep personal data from different
customers (data controllers) separate from each other.
 The solution used must be sufficiently documented, and the enterprise must be able to
present documentation for inspection.

Procurement
Procurement of cloud computing differ in many aspects from traditional procurement
processes in the public sector. Although the public procurement regulation does not in itself
limit opportunities to procure or use cloud computing, there are many important aspects to
take into consideration when procuring services like these:

Price comparisons
The purpose of regulations for public procurement is to ensure best possible use of society’s
resources. The cost of the procured goods or services throughout their life cycle is therefore
important. This is often referred to as the total cost of ownership (TCO).

The TCO of running IT in-house can be calculated as the total of the costs for:13
 energy consumption (power to run the hardware, emergency power supply, power
for cooling)
 employees (pay and social security costs)
 networks

11
Norwegian Data Protection Authority: En veiledning i bruk av skytjenester [A Guide on the Use of Cloud Computing
Services]
12
This requirement follows from the Article 29 Working Party: Opinion on C-SIG Code of Conduct on Cloud Computing.
13
The Scottish Government (2014): Scotland’s Digital Future: Data Hosting and Data Centre Strategy for the Scottish Public
Sector.

17
  buildings (write-down, maintenance, rental, security measures, etc.)
 licences and maintenance agreements
 hardware

It is particularly relevant to take these into account when considering the cost of a service
comprising a combination of, for example, Software as a Service that includes all the operating
costs, compared with the cost of buying the software as a product and running it in-house or
outsourcing it to a third party.

Requirements specification
To be sure of choosing the most advantageous offer, it is important to specify which functions
are needed rather than presenting a detailed technical specification. This will reduce the risk
of precluding some technology platforms right from the start.

Choice of contract
Customers can find it difficult to choose the right contract. Cloud services are often sold on
standard terms and conditions that apply for all customers. Difi revised the Government
Standard Terms and Conditions (SSA) in 2015, and the new agreements are better adapted to
cloud services than the old ones, which drew a clear distinction between software and
operation. The new SSAs allow the service provider’s standard terms and conditions to be
included. They can therefore be used for buying access to standard systems in the cloud. The
SSA is then supplemented with the service provider’s standard service agreement and, where
appropriate, the data processing agreement based on the template produced by the
Norwegian Data Protection Authority.

For more complex procurements, it can be difficult to align cloud services with the current
standard agreements, which draw a distinction between procurement of software and
hardware on the one hand14 and procurement of operating services on the other.15

Exit costs
How does an enterprise retrieve its own data from the service provider if the customer
relationship ends, regardless of reason? How can it move data to a new service provider? And
what happens to data created as a result of operation, such as usage statistics? As when
buying other software, it is important that enterprises avoid vendor lock-in or losing
ownership of their own data. It is therefore important to ensure that they can retrieve their
data in a reusable format. It is worth noting that the EU’s new General Data Protection
Regulation contains requirements for data portability. These apply to personal data but will in
practice likely affect all types of data.

Most enterprises will need to store data over time, and it is therefore not unlikely that they will
want to move data between service providers. It is particularly important for the public sector
– which has an archiving obligation – to take into account their duty to preserve records for
posterity. The archive creator has a duty to capture all digitally created archive material and to
ensure that it is not lost if, for example, the enterprise changes service provider or if the
service provider goes bankrupt.

14 Difi: Kjøpsavtalen (SSA-K). [Sales and Purchase Agreement IT]. This agreement applies to procurements of IT
equipment and/or software.
15 Difi: Driftsavtalen (SSA-D). [Operational Services Agreement]. This agreement covers a wide range of operational
services, focusing on standard services.

18
3 Cloud computing and legislative challenges
An interministerial working group has reviewed laws and regulations and assessed which
legislation poses challenges for using cloud computing. The working group has also proposed
possible amendments. The motivation behind this work has been to maintain protection of
personal data, sound security, and preservation of important documents for posterity. The
working group has weighed the intention of current legislation against today’s technological
reality, and has considered whether it is possible to uphold this intention and at the same
time allow the potential of cloud technology to be exploited.

When current legislation is weighed against cloud computing, the main question that emerges
is how to regulate where data can be stored. No existing regulations explicitly regulate the use
of technology on which cloud services are based, but by setting requirements that data be
stored inside a specific geographical area, laws and regulations can impose limits on use of
the public cloud.

There are two important laws – in addition to the Security Act – that clearly impose
requirements on where data must be stored: the Archives Act and the Bookkeeping Act. 16 The
Personal Data Act also imposes requirements on data storage and processing, but these are
less restrictive regarding which countries personal data may be stored or processed in.

Public Archives Act

Public bodies are obligated to hold archives that are designed in such a way as to ensure that
documents be secured as information sources now and for posterity; cf. Public Archives Act,
section 6. Public bodies must therefore set requirements to cloud service providers regarding
availability, confidentiality and integrity (see chapter 4 for further discussion on the terms and
conditions for use of cloud computing in the public sector).

Section 9(b) of the Public Archives Act states that archive material may not be «sent out of the
country». Consequently, storage of archives in a cloud service using servers located outside
Norway is in violation of the Act, even if an enterprise has deemed the nature of the archive
content to be such that it can be stored abroad. The Director-General of the National Archives
may give special consent to such storage. This follows from section 9(b) of the Public Archives
Act.

The Public Archives Act and pertinent regulations do not regulate the use of cloud services for
private individuals, organisations or enterprises. The Director-General of the National Archives
may stipulate that private legal entities with public-sector affiliation comply with the
Regulations relating to the Public Archives; cf. Public Archives Act, sections 19 and 20.

The Ministry of Culture has begun work on revising the Regulations pursuant to the Archives
Act and will consider the need for amendments to the Public Archives Act. One of the
intentions behind this work is to adapt archiving regulations to digitisation. In connection with

16 Norwegian Ministry of Local Government and Modernisation (2015): Kartlegging av hindringer i lovverket for bruk av
skytjenester [A survey of legal obstacles to using cloud computing services]. A report from an inter-ministerial
working group with participation from: the Ministry of Finance, the Ministry of Justice and Public Security, the
Ministry of Local Government and Modernisation, the Ministry of Culture, the Ministry of Education and Research,
the Ministry of Trade, Industry and Fisheries and the Ministry of Transport and Communications.

19
this work, the ministry will consider the need for revision to allow public bodies to use cloud
services with servers located outside Norway for archiving purposes.

The Director-General of the National Archives is also considering what requirements should
be set in order to grant special consent to storing archives in cloud services located outside
Norway. The Director-General of the National Archives aims to complete this work during
spring 2016.

Bookkeeping Act
The Bookkeeping Act used to be one of the laws that posed the most obstacles to digitisation
for business and industry because it restricted the physical storage of accounting records.
Following its amendment, most accounting material may now be stored digitally. Because
accounting and invoice processing are well suited as cloud services, requirements for storage
of bookkeeping data deserve particular attention.

The current Bookkeeping Act states that enterprises with a bookkeeping obligation may «store
electronically accounting material in another EEA country if an agreement or pact with that country
ensures Norwegian tax authorities satisfactory access to accounting information during the storage
period and if such storage does not impede effective Norwegian police investigation». The
regulations pertaining to the act state that only the Nordic countries currently satisfy these
requirements. Enterprises may therefore store their accounting data in a cloud service based
in the Nordic countries, subject to notifying the Norwegian Tax Administration accordingly. It
can be difficult to find public cloud service providers that can guarantee storage in the Nordic
countries. This creates insecurity, particularly for small enterprises who know they can reduce
their costs by using cloud services for accounting and invoice processing.

It is possible to apply for an exemption to store data in other countries. Such exemptions are
regularly granted for storing information abroad as part of a common accounting solution
within a group company or similar amalgamated entities. The condition is that they must have
electronic access to the accounting data from Norway.

The purpose of the storage requirement is to give the Norwegian Tax Administration access to
bookkeeping data for inspections. Accordingly, an enterprise wishing to use cloud services for
processing or storing data outside the Nordic region may do so as long as a copy of the
accounting data is transferred to Norway or another approved country as soon as possible
and no later than seven months after the end of the financial year.

The Government will monitor future EU initiatives in this area and consider introducing
measures that satisfy legal requirements to ensure Norwegian national authorities access to
the information in such a way as to allow for storage in more countries than is allowed at
present.

The EU and the Digital Single Market

Other countries have similar rules as Norway with regards to accounting data. In May 2015 the
European Commission launched its Digital Single Market (DSM) Strategy. Initiatives to address
restrictions on the free flow of data inside the EEA and unnecessary restrictions on data
storage and processing represent a key element in the DSM strategy. Accounting and

20
bookkeeping data are identified as an area that often sets requirements for storage inside the
respective countries.

Security Act
The purpose of the Security Act is to counteract threats against the sovereignty and security of
the state and other vital national security interests. The Act should also help provide legal
protection to individuals and ensure confidence in and control of the security services. The Act
applies to administrative bodies and to enterprises supplying classified equipment and
services to administrative bodies.

The requirements set out in the Security Act and Protection Instruction regulating how
information systems are administrated make it inexpedient to store such information with
foreign service providers. The Norwegian National Security Authority (NSM) is the only body
that can approve and give permission to use such services for classified documents. NSM
must approve all information systems that should process, store or transmit classified
information. Electronic documents that are subject to the Protection Instruction must be
processed in the same way as classified documents under the Security Act.

The Government has appointed a commission to propose a new legal basis for preventive
national security (Security Commission). The recommendations put forward by the
commission should ensure that new legislation takes into account technology developments,
demographic developments and changes in the security situation. The commission will submit
its report in autumn 2016.

Data protection and confidentiality

One area of uncertainty, though where regulations do not pose particular obstacles to using
cloud services, is the storage of personal data. Nonetheless, regulation of this area sets
important conditions for the use of services in the public cloud.

The Personal Data Act stipulates that personal data «may only be transferred to countries which
ensure an adequate level of protection of the data». Consequently, personal data cannot simply
be transferred to countries outside the EEA. However, some exceptions apply, one of them
being that individual transfers may be approved in advance by the Norwegian Data Protection
Authority, and provided the agreement with the data processor is based on the EU’s model
clauses, this will constitute a legal basis for transferring data. Moreover, some countries
outside the EU, such as Canada, Australia and Switzerland, are already approved by the EU as
secure recipient countries. Previously it was also permitted to transfer data to enterprises in
the United States that were certified under the Safe Harbour scheme. The European Court of
Justice declared the scheme invalid in autumn 2015, but a new scheme is expected to replace
it: the EU-US Privacy Shield (see text box).

In the wake of this ruling, a number of considerations have had to be taken into account when
entering into agreements involving the transfer of data to the United States. Until a new
framework is in place, enterprises must use contracts that cover the EU’s model clauses for
personal data and notify the Norwegian Data Protection Authority.

Many enterprises wonder if they must take the Snowden revelations into account when
considering the use of cloud computing. Despite the debate fuelled by Edward Snowden’s

21
 EU–US Privacy Shield
The EU–US Privacy Shield is a framework designed to protect the rights of EU citizens
when personal data pertaining to them is transferred to enterprises in the United States.
The new framework will place more stringent requirements on enterprises to protect
personal data. Furthermore, US authorities will be required to monitor and enforce the
framework.

There must be clear rules for and oversight of when US authorities may access data that
is transferred to the United States under the new framework. This was one of the areas
which, according to the European Court of Justice, was inadequately protected under the
Safe Harbour framework.
Source: European Commission press release: EU Commission and United States agree on new framework for
transatlantic data flows: EU-US Privacy Shield, 2 February 2016.

disclosures, no changes have been made to Norwegian legislation or practice relating to the
processing or storage of personal data or other data subject to confidentiality obligations. A
country can determine its own regulations for how, for example, security authorities may gain
access to data to combat terrorism or crime. Challenges arise when different countries
making extensive use of data exchange have different views of what is acceptable when it
comes to the right to monitor data and communication. These challenges need to be resolved
at an international level.

New data protection regulation for the EU

For a long time now the EU has been working on introducing new legislation for processing
personal data. The current Directive on Privacy and Electronic Communications applies inside
the EEA. Because the Directive has been implemented in different ways in different countries,
adapting to it proves difficult for enterprises operating in multiple countries, as cloud service
providers often do.

Unlike a directive, a general data protection regulation would automatically become law in all
EU member states, and likely also be incorporated into the EEA Agreement.

The EU member states have now reached agreement on the content of the new regulation.
The issues in the regulation most relevant to cloud computing are presented below:

 Previously, the data controller was held responsible if data was lost, illegally accessed, etc.
Under the new regulation, this responsibility will be shared between the data controller
and the data processor. This means that more onus is placed on the cloud service
provider as data processor.
 The right to transfer personal data between service providers will be established (the right
to portability). In principle, this right applies to consumers, but since a growing number of
service providers must develop mechanisms to manage this, it will likely also affect the
commercial market.
 Customers – both consumers and enterprises (and any enterprise customers who are
affected) – must be notified of data breaches or loss as soon as possible.
 Data may be transferred outside the EU provided the rules adopted by the European
Commission are complied with.

22
 The regulation applies to all enterprises based in the EEA. It also applies for enterprises
that process personal data pertaining to EEA citizens as the result of providing goods and
services in the EEA, regardless of where those enterprises are based.
 It will become more important for all enterprises administrating personal data to comply
with this legislation. Non-compliance with regulations may result in penalties of up to 4
per cent of worldwide turnover.

The regulation is expected to apply from 2018.

Duty of confidentiality
According to the Public Administration Act, any party who «performs services or work for an
administrative body» is obligated to keep confidential all information concerning personal
matters and business-related information that must be kept secret for competitive reasons. If
a public sector enterprise enters into an agreement with a private company to process or
store data, the duty of confidentiality will also apply to any employees in the company who are
made privy to confidential information. It is important to ensure that the duty of
confidentiality be incorporated into agreements with service providers who use
subcontractors.

The eGovernment Regulations state that the risk of illegal access by means of electronic
communications must «be prevented in a satisfactory manner». The Regulations also state that
«the administrative body must provide information about how confidential information and
personal data are secured while being processed by the administrative body». This applies to the
use of ICT in general, not specifically to the use of cloud services.

Supervision
There is a need to oversee the ICT systems used by enterprises in many different sectors.
Many supervisory authorities therefore conduct on-site supervision within their areas of
responsibility. Enterprises using cloud services will find it difficult to meet supervisory
requirements for physical control of their ICT systems. For example, most cloud service
providers want to limit the number of persons admitted to their data centres because
unauthorised persons pose a security threat.

Security requirements for ICT systems and infrastructure can also make it difficult for
enterprises to decide whether or not to use cloud services. Statutory security requirements
for ICT systems in different sectors are often complicated. For enterprises subject to
regulations that apply in different sectors (such as enterprises providing both energy and
communication services), the lack of harmonisation of requirements between sectors poses a
challenge. This often emerges in connection with supervision and in the way in which
supervisory authorities practice their respective regulations.

The Government will undertake a general examination of the supervisory function in multiple
sectors in order to review issues relating to increased use of cloud services. On-site
supervision, cross-border supervision, and system security requirements are issues which
many supervisory authorities have to address and where there is a need to establish a
common practice. A key question involves the use of third-party audits and how to ensure that
enterprises conducting such audits are fully independent.

23
Measure: Eliminate uncertainty caused by unclear legislation regarding the
use of cloud services

The Government will:

 Revise the Regulations pursuant to the Public Archives Act and, where appropriate,
the Public Archives Act, to better adapt archiving regulations to digitisation. Among
other things, it will consider the need for revision to allow public bodies to use cloud
services with servers located outside Norway for archiving purposes.
 Assess the possibilities for expanding the number of countries where bookkeeping
data can be stored legally outside Norway. Important measures in this area are
already under way in the EU, and Norway will monitor developments closely.
 Harmonise supervisory practices as far as possible, so that enterprises do not
encounter conflicting requirements regarding cloud computing from different
supervisory authorities.
 Contribute to the EU's work on establishing common criteria (standards,
certification schemes, etc.) for cloud computing.

24
4 Conditions for using cloud computing in the public
sector
Many enterprises are uncertain about the legal framework conditions governing the use of
cloud computing.17 The review of the legislation in chapter 3 shows that there is considerable
scope for the lawful use of cloud services by enterprises in Norway – including those in the
public sector.

Principles for using cloud computing

In addition to the need for legislative clarification, the ICT industry and public sector
enterprises are also calling for clear guidelines from central government regarding the use of
cloud computing.

The Government has therefore established some principles for the use of cloud services in the
public sector:
 Cloud computing shall be assessed on the same basis as other solutions when considering
major changes or reorganisation of ICT systems or operations:
 when procuring systems or major upgrades
 when undertaking extensive replacements of hardware
 when existing operating agreements expire

 When they offer the most appropriate and cost-effective solution and when no particular
obstacles stand in the way of using them, cloud services should be chosen.
 The chosen solution must satisfy the agency’s requirements for information security. This
means that enterprises must know the value of their own systems and data, and perform a risk
assessment of the chosen solution.

Although cloud services may offer several advantages, they may not always be the best
solution. Several factors may make other development or operating solutions better suited to
meeting the needs of an enterprise, such as special requirements for national security, or if
cloud services would not prove cost-effective given the enterprise’s current systems and
infrastructure. The Government will therefore not establish a cloud first policy; however, the
principles will help ensure that cloud services are considered when public agencies need to
procure new ICT systems or operating solutions.

The principles for using cloud services were included in the Circular on Digitisation for 2016.
The Circular on Digitisation presents an overview of orders and recommendations for
digitisation that apply to all ministries, regular government administrative bodies,
administrative bodies with special authority and government administrative enterprises.

The Circular on Digitisation sets out requirements for architecture and standards for public
agencies.

17
Nexia Management Consulting (2015): Kartlegging og analyse av landskapet for offentlige datasenter i Norge [A survey
and analysis of the landscape for public data centres in Norway]. Prepared for the Ministry of Local Government
and Modernisation, June 2015

25
Although municipalities and counties are not included in the circular, the principles give an
important signal to them, too, and they may of course choose to follow the principles if they
so wish.

The principles will be followed up with support, guidelines and tools in order to aid public
sector organisations with the procurement of cloud services.

The need for guidance and control

The public sector has a particular need to ensure control over who manages information and
where this is done. The form and degree of control required will depend on the type of
information processed by the respective organisations. A range of control mechanisms are
available:

Contracts
If needed, a contract can stipulate specific requirements for data processing and storage. A
standard contract from the service provider could well be used, provided it guaranteed the
use of specific technologies or standards, or met requirements for specific certifications in
such a way as to satisfy the requirements imposed on public sector enterprises. Mechanisms
for revision and contract management could also be negotiated, if specific needs warranted it.

Prequalification of service providers

Service providers could prequalify for processing specific types of information, either generally
or for specific sectors. The Ministry of Local Government and Modernisation will assess
whether it is possible and desirable to establish a marketplace for cloud services for use in the
public sector in Norway. Such a marketplace could serve as a form of prequalification of
service providers. In the UK G-cloud, companies can be accredited for managing data
requiring a specific security level.18

Entering into common agreements on behalf of the public sector

The state could enter into agreements with suppliers of data centres/cloud services on behalf
of the public sector. Such agreements could be put out to tender in the market and contain
requirements that satisfied the needs of agencies with the most stringent security
requirements for processing and storing information. This is also a form of contractual
control, but the contract would be negotiated and monitored by central authorities rather
than by individual organisations.

Designated data centres for government agencies or the public sector

Central government could establish one or multiple data centres that satisfied the most
stringent security requirements, for use either by central government agencies or by the
entire public sector.

Through various meetings and activities, the Ministry of Local Government and Modernisation
has mapped the need for control associated with cloud services and ICT operation in the
public sector. This work involved examining the landscape for public data centres in Norway
along with the futures plans and needs of public sector enterprises.19

18
Cabinet office (2013): G-Cloud or PSN Service Description and Commitment for Security Accreditation. Version 4.04.
19
Nexia Management Consulting (2015): Kartlegging og analyse av landskapet for offentlige datasenter i Norge [A survey
and analysis of the landscape for public data centres in Norway]. Prepared for the Norwegian Ministry of Local
Government and Modernisation, June 2015.

26
Central government agencies and municipalities and county municipalities have been involved
in this work. Through these activities, a no need was identified for central government to
negotiate common operating agreements on data centres or to establish a common data
centre specifically for central government agencies or public sector enterprises. These
alternatives are therefore not discussed further in the strategy.

The investigations conducted by the Ministry of Local Government and Modernisation clearly
revealed that what public sector enterprises needed most was guidance from central
government to ensure good procurement practices and that the contracts they enter into are
balanced, and satisfy Norwegian regulations. The enterprises also indicated that procuring
cloud services would be simpler and more secure if some form of prequalification, approval or
accreditation of suppliers were in place.

The Government wants to set up mechanisms to help public sector enterprises make sure
that they have the necessary control through sound procurement practices and contracts that
satisfy government requirements, and through contract management. As a starting point,
entering into contracts that satisfy the identified requirements, and ensuring proper contract
management, ought to offer sufficient control to public sector enterprises not subject to the
Security Act.

Contractual control
Contracts and agreements constitute the key mechanism for regulating the relationship
between customer and supplier. In the consumer market, a long-standing challenge has been
that end-user licence agreements are long and difficult to understand, and often set
unreasonable terms. The consumer has no influence over the content of such agreements.

The situation in the corporate market is more nuanced. Although standard agreements are
used there, too, since standardised services and purchasing processes help make cloud
services affordable, the tendency has been towards more balanced agreements than in the
consumer market. This is partly the result of increasingly stringent government requirements
and more informed customers. The best for all parties would be to use standard agreements
that also satisfy customers’ requirements. To realise this, it is vital that public authorities –
preferably at European level – reach agreement on common requirements. Such
requirements could either be cross-sectoral or sector-specific. Norway’s early adoption of
technology in many areas puts us in a favourable position in terms of influencing suppliers
who are keen to win reference customers in the public sector. At the same time, it is
important that Norway also works actively with the EU on establishing common standards and
requirements.

Cloud service procurements are poorly suited to standardised frameworks such as the
Government Standard Terms and Conditions (SSA). It will therefore be important to establish
checklists to enable public sector enterprises to ensure that their supplier’s standard
agreements do not violate Norwegian regulations and that they cover the same areas as in the
government standard terms and conditions. Developing such checklists will form part of the
guidance work performed by the Agency for Public Management and eGovernment (Difi).

It is of course possible for public sector enterprises to use cloud computing even if they have
specific requirements and need to negotiate specific terms and conditions. In such cases, the
process of purchasing cloud services will be more like the traditional procurement process.

27
Regardless of whether a standard agreement is used or special terms are negotiated, it is
important to make sure that mechanisms for contract management are in place. One such
mechanism could be to have an independent third party perform audits to check that
suppliers honour their contractual obligations. It is important to make sure that such third
parties are fully independent of the supplier.

Guidance from the Agency for Public Management and eGovernment (Difi)
The Ministry of Local Government and Modernisation will charge Difi with the task of
establishing a team of experts and an online resource where public sector enterprises can
seek guidance on cloud computing. In the long term, the guidance would ideally be adapted to
different target groups with similar requirements and needs and to sector-specific needs.

Such a resource must cover all the stages in the procurement process, and not only the legal
issues associated with the procurement itself. Relevant issues and tasks could be:
 How to conduct the procurement process correctly when a cloud service is considered the
best option.
 Risk assessments adapted to the complexity and needs of different types of enterprises,
ideally with examples of best practice.
 Requirements for data processing agreements.
 Templates and guidelines for setting up a cost-benefit analysis for using cloud services.
 Best practice for chosen solutions, ideally with examples from different types of
representative enterprises, such as primary and lower secondary schools, municipal
administrations or general practitioner clinics.
 How to ensure contract management through, for example, supervision and independent
third-party audits.

Difi’s service will be directed at public sector enterprises – including municipalities – but will
also be relevant to suppliers to the public sector. However, there is a clear need for this type
of resource in business and industry, particularly for small and medium-sized enterprises.
Difi’s resources for the public sector could serve as a model for a similar service directed at
business and industry; for example, under the auspices of one or multiple industry
organisations.

Sectoral information value assessment

Public information can be divided into three categories:20
1. information that should only be stored in Norway
2. information that can be stored abroad but that can be returned to Norway if
necessary, subject to specific conditions
3. information that can be stored abroad without being subject to specific conditions

The individual sectors are best qualified to evaluate in which category their information
belongs. Many sectors have already begun work on assessing their requirements for using
cloud computing or on developing guidelines for their sectors. The Government will ask all

20 NOU 2015:13 Digital sårbarhet – sikkert samfunn. Beskytte enkeltmennesker og samfunn i en digitalisert verden [Digital
Vulnerability and a Secure Society: Protecting Individuals and Society in a Digitised World].

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sectoral authorities to prepare assessments of the information in their respective sectors and
of how it can be processed using cloud computing.

The Personal Data Act will likely determine how some sectors categorise their information.
Personal data will fall under category 2 or category 3, provided EU requirements for transfers
of personal data abroad are satisfied. The Norwegian Data Protection Authority has prepared
useful guides on the storage and processing of personal data in cloud computing. Other
sectors may have to take into consideration sector-specific regulations, such as the Health
Registries Act or the Regulation on Emergency Preparedness. These sectors must conduct
their own analyses based on their particular information and needs. Such analyses must
consider what circumstances might require information to be returned to Norway, how it
could be regulated in contracts with suppliers, and how it would be achieved in practice.

Sensitive information is probably the most important type of information that will fall under
category 1, though some sectors or enterprises may well consider other types of information
to be so critical that storage in Norway is seen as the only option.

It is important that public sector enterprises seeking guidance have an authoritative resource
where they can be sure that the information on data classification is up to date and correct,
regardless of sector. Difi’s task will therefore also entail coordinating and harmonising the
work of the respective sectors. This work should be conducted in close cooperation with the
Norwegian National Security Authority.

Certification requirements
A wide range of certification schemes relevant to cloud services are available. Many suppliers
also choose to follow requirements issued by the EU or individual countries. Some examples
of such requirements are:
 international standards, such as ISO 27001
 requirements issued by national authorities, the EU’s model clauses or the EU–US Privacy
Shield
 standards that are not international but that have been accepted as de facto standards in
their respective areas, such as FedRAMP, SOC, UK G-Cloud and Singapore MTCS
 standards associated with specific sectors, such as HIPAA (health), FISC (finance) and PCI
DSS (payment cards)

The leading cloud service providers, such as Google, Amazon and Microsoft, hold most of the
certifications. Smaller providers often select certifications that are relevant to their specific
sector or to the markets at which their services are targeted. Obtaining certifications in many
areas – and maintaining them – is a costly process for small service providers. Universal
agreement on a smaller set of standards that cover the main areas of cloud computing would
be seen as beneficial.

We know that common EU requirements – such as for processing personal data or for security
certification – often prompt cloud service providers to adapt their services and standard
agreements to meet such requirements. This makes it easier for enterprises to assess the
services available. The Government therefore wants to contribute to EU efforts to implement
common criteria for cloud services at different levels.

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 Examples of standards and certifications

ISO 27001: ISO 27001:2013 specifies requirements for information security

management systems. This standard forms the basis for most certification
schemes.

ISO 27018: ISO 27018:2014 establishes commonly accepted control objectives,

controls and guidelines for implementing measures to protect Personally
Identifiable Information (PII) in accordance with the privacy principles in
ISO/IEC 29100 for the public cloud computing environment.

SOC1, SOC2, Service Organization Control reports. Reports developed by the American
SOC3: Institute of Certified Public Accountants (AICPA). SOC1 reports on financial
data. SOC2 reports on control mechanisms more specific to data storage
and processing, such as security, accessibility, processing integrity,
confidentiality and data protection. SOC3 covers the same elements as
SOC2 but on a higher, less technical level.

FedRAMP: Federal Risk and Authorization Management Program. A standardised

approach to verification of security, authorisation and monitoring for
cloud services used by federal agencies in the United States.

UK G-Cloud: Enterprises seeking high-level security accreditation in the UK framework,

G-Cloud, can apply for this. The National Technical Authority for
Information Assurance (CESG) is the accrediting body.

MTCS: Multi-Tier Cloud Security. From Singapore. An open certification scheme

for cloud service providers, based on ISO 27001. Three levels of security
certification (Tiers 1 to 3) meet stringent information security
requirements. Certification is performed by independent certifying bodies
such as DNV-GL and the British Standards Institution (BSI).

HIPAA: Health Insurance Portability and Accountability Act. US law regulating the
processing of patient information. An independent third party checks that
the data processor complies with the law.

FISC: Center for Financial Industry Information Systems. From Japan. Security
guidelines for financial information systems.

PCI DSS: Payment Card Industry Data Security Standard. Global certification
standard for organisations processing payment card transactions.

The Government also wants to require service providers to the public sector in Norway to hold
certifications or to be able to document that they meet the standards that are set for the
sectors they serve. Where relevant, each sector must determine which standards or
certifications should apply in their area. Difi has responsibility for coordinating this work.

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 Example: UK G-Cloud – Digital Marketplace
G-Cloud is a framework for procurement of cloud computing services aimed at the public
sector in the UK. The framework opens for supplier applications at regular intervals
(every 6 to 9 months).

Suppliers register details about their company, what services they provide, and price
information on a dedicated website. The services must satisfy the NIST definition of
cloud computing. Suppliers also register information about themselves and how their
service is delivered, their approved security level, etc. Registration is largely based on
self-declaration.

Public sector enterprises can use the Digital Marketplace to search for suppliers. They
can request more information if, for example, they have special security requirements.
They can also select suppliers directly without going through the traditional procurement
process. The UK authorities regard the conditions for public procurements to be satisfied
by announcing registration in the framework. The prices stated in the framework are
transparent, so suppliers may amend their prices to become more competitive.

An important idea behind G-Cloud and Digital Marketplace is that it should be easier for
small and medium-sized companies to compete for public-sector contracts.
Source: UK Cabinet Office – Government Digital Service.

A marketplace for cloud services aimed at the public sector

The Government wants to see a form of prequalification and/or accreditation scheme
established for cloud service providers. The Ministry of Local Government and Modernisation
will investigate potential models for a marketplace for cloud services aimed at the public
sector and consider possible implementation in Norway. Such a marketplace would provide a
measure that would make it easier for enterprises to assess cloud services as an alternative
when procuring new ICT systems and may include mechanisms for self-declaration,
prequalification and/or accreditation for different security levels. The investigation with be
carried out in 2016.

Coordinating the establishment of new data centres

Agencies or sectors who define their information to fall under category 1 (information that
should be only be stored in Norway) may well want to establish a dedicated data centre or
possibly buy services from a (Norwegian) provider who can deliver high-security services.

In such cases, the Government wants to facilitate better utilisation of existing data centre
resources in the public sector. Government agencies requiring high-security services must
consider the possibility of utilising free capacity from – or cooperating with – other agencies
with similar needs. This requires gaining an overview of the organisation and capacity of
public data centres, first and foremost in central government agencies. Difi will have
responsibility for implementing such a system.

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 Example: Skyscape
Actors in the UK market have set up a data centre that meets the needs of public
agencies with particularly stringent security requirements. Skyscape is a provider of
infrastructure services (IaaS) in the UK G-Cloud procurement framework. Skyscape
consists of an alliance of different suppliers: the partly state-owned defence technology
company QinetiQ, VMWare, Cisco, EMC and Ark Data Centres. The company's data
centres and cloud services are accredited by the UK authorities for data classified up to
OFFICIAL-SENSITIVE. Skyscape is also accredited by the Health and Social Care Information
Centre (HSCIC) for supplying services to the National Health Service.

Skyscape is generally not used by public agencies with low security requirements. For
example, the UK's HM Revenues & Customs (HMRC) has chosen Google Apps in a cloud
solution for office support. Under the agreement, it is accepted that data can be stored in
Google's data centres located outside the UK.
Sources: Skyscapecloud.com, digi.no, Financial Times

Systems that process classified and sensitive information, including electronic documents
subject to the Protection Instruction, must in principle be located in Norway. Enterprises who
are subject to the Security Act would have to make special assessments if they wanted to use
services in the public cloud. In such cases they should consult the Norwegian National Security
Authority.

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Measure: Make it easier for public and private enterprises to consider
cloud computing as an alternative when procuring new ICT
services

The Government will:

 Establish resources to support agencies in assessing and procuring cloud services:
 In the short term, existing material will be collated and adapted to provide
guidance on cloud service procurements.
 In the long term, a more comprehensive resource will be established to provide
guidance on cloud service procurements in the public sector. Important areas
where guidance is needed are: information value assessment, risk assessment,
and information security. This work must be coordinated with the sectors' own
assessments of information and development of guidance material.
 This resource will make recommendations for certifications or standards which
cloud service providers targeting given sectors should satisfy. Each sector must
determine which standards or certifications should apply in their area.
 It is natural for such a resource to be established under the auspices of the
Agency for Public Management and eGovernment (Difi) and that the work be
incorporated into the ICT procurement guidance service provided by Difi. The
expert resource will initiate cooperation with relevant industry organisations so
that they – should they so wish – can use Difi's resources to provide guidance to
their members.

 Charge the Ministry of Local Government and Modernisation with examining and
assessing different models for a potential marketplace/procurement framework for
cloud services aimed at the public sector.
 Facilitate better utilisation of existing public data centre resources for agencies with
a need for such stringent controls that they are considering buying high-security
services or establishing their own data centres in Norway. In such cases, agencies
must assess the possibility of utilising free capacity from – or cooperating with –
other agencies with similar needs. This requires gaining an overview of the
organisation and capacity of existing data centres, first and foremost in the public
sector. Difi will have responsibility for implementing such a system.

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Published by: Norwegian Ministry of Local Government and Modernisation

Publication number: H-2365 E

Cover photo: Jan Hausken/KMD

Print: Norwegian Government Service and Security Organisation 06/2016