duty to inform

The duty to inform is a legal obligation in Norwegian public procurement requiring contracting parties to state in their contracts that workers must receive minimum wages and working conditions per applicable universally binding collective agreements. The duty prevents social dumping and protects workers' rights — including those employed by subcontractors.

How does the duty to inform work?

In Norway, the duty is regulated by the Regulation on Information Obligation, Monitoring Duty, and Right of Access (2008). It applies to anyone commissioning services in sectors with universally binding collective agreements — regardless of contract value. The contracting authority must state in the contract that workers shall have wages and conditions equivalent to the applicable agreements. The obligation cascades down the supply chain: suppliers must impose the same requirement on their subcontractors.

The Regulation on Wages and Working Conditions in Public Contracts adds requirements for contracts exceeding NOK 1.3 million (state) or NOK 2.05 million (other authorities). Where no universally binding agreement exists, conditions must follow the relevant national collective agreement.

Key elements in practice

The duty to inform works together with related obligations:

• Monitoring duty (påseplikt) — the main contractor must verify subcontractor compliance through systematic checks
• Documentation duty — suppliers and subcontractors must provide evidence of compliance on request
• Language and safety — for works contracts, the duty also covers language skills and safety under the Construction Client Regulations

The duty is a core component of Norgesmodellen and Norway's national labour integrity requirements effective from 1 January 2024. Contracting authorities must state in the tender documents that these requirements apply. At the EU/EEA level, Directive 2014/24/EU Article 18(2) requires compliance with social and labour law in public contracts — Norway's duty to inform is one of the most concrete national implementations. Tools like Cobrief can help suppliers understand which conditions apply in different procedures.

The duty to inform creates a clear chain of responsibility from contracting authority to every level of the supply chain, making it one of the most effective tools against social dumping in Norwegian procurement.