Regulations for sideline jobs and financial interests at UiO

1. Introduction

The purpose of these regulations is to prevent conflicts of interest and protect the university's reputation and confidence in the integrity of the employees, by facilitating transparency regarding employee's sideline jobs and financial interests, as well as potential conflicts of interest and how these are managed.

The regulations are founded on Section 39 a of the Civil Servants Act (lovdata.no) (Norwegian), Section 2-2 of the Universities and University Colleges Act (lovdata.no) (Norwegian), Clause 1.1.4 of the central provisions of the Basic Collective Agreement (regjeringen.no) (Norwegian), Section 9.7 of the Personnel Handbook for State Employees (regjeringen.no) (Norwegian) and the Ethical Guidelines for the Public Service (regjeringen.no) (Norwegian).

2. Definitions

¡°Sideline jobs¡± are defined as work performed and assignments and offices held in addition to the employee¡¯s ordinary university position, whether paid or unpaid. Work performed through an undertaking or company that is wholly or partially owned by the employee is also considered a sideline job.

¡°Financial interests¡± are defined as the employee directly or indirectly owning or managing a business, shares in business, securities, or other assets capable of generating income for the employee.?

3. What do the regulations govern?

The regulations set out the framework for employees' entitlement to hold sideline jobs and financial interests, the reporting obligation for certain job categories, and the public disclosure of these.

4. Who is subject to the regulations?

The regulations apply to all employees at UiO.?

The registration obligation, as set out in Section 6, applies only to the following categories of employees:

• all academic staff, including research leaders,
• other employees who have budget authority.

See the guide.

5. Principles for sideline jobs and financial interests

As a general rule, employees are entitled to undertake additional work for another employer, conduct private business activities or hold financial interests in their personal time. However, this entitlement is not unlimited.?

Employees who are considering additional work for another employer or conducting private business activities should consult with UiO in advance to determine whether there may be any obstacles.?

5.1 In accordance with Section 9.7.1 of the Personnel Handbook for State Employees (regjeringen.no) (Norwegian), an employee may not undertake additional work for another employer or conduct private business activities in their personal time that:

1. are prohibited by law or legal regulation,
2. are prohibited by regulation, collective agreement or other agreement,
3. impede or delay ordinary work, unless special order or permission is in place, cf. Clause 1.1.4 of the Basic Collective Agreement (regjeringen.no) (Norwegian),
4. entails that the employee engages in or contributes to disloyal competition with the state organisation in which they are employed,
5. disqualify the employee from handling their tasks more than just sporadically,
6. entails that the employee may easily face a conflict of loyalty with the organisation in which they are employed,
7. entails that the employee uses organisational information in a disloyal manner,
8. harms the employee's position or reputation of the organisation.?

Furthermore, employees may not hold financial interests that place them in such position as described in Section 9.7.1 of the Personnel Handbook for State Employees (regjeringen.no) (Norwegian) and herein.?

Employees who are uncertain whether a sideline job or financial interests falls within the prohibitions must submit the matter for approval in accordance with Section 9. The employee may not undertake such activities unless approval has been granted.?

See the guide.?

5.2 Sideline jobs as mentioned below are not permitted without UiOs approval and a written agreement with UiO:

1. Sideline jobs that entail use of UiO's resources beyond what can be deemed insignificant. Such an agreement shall govern the terms and conditions for use of the resources, including payment (see the guide).
2. Sideline jobs that are assumed to be carried out, in whole or in part, during normal working hours, beyond what can be deemed insignificant (see the guide).
3. Sideline jobs that may be in competetion with UiO's activities (see the guide).
4. Sideline jobs of a long-term or particularly extensive nature (see the guide).
5. Sideline jobs that may rise doubts about the employee's willingness or ability to perform their duties at UiO in the manner required by the position and UiOs objectives.

Sideline jobs and financial interests that require approval from UiO and a written agreement may, in accordance with Section 6, be subject to a registering obligation. See the guide.?

5.3 Section 4.2 of the Ethical Guidelines for the Public Service (regjeringen.no) (Norwegian) prohibit state employees to own or trade financial instruments where this is incompatible with the legitimate interests of UiO or may undermine trust in the administration.?

Employees who are uncertain whether a specific ownership falls under these prohibitions must submit the matter for approval in accordance with Section 9. Ownerships may not be established unless such approval is granted.?

6. Reportable sideline jobs and financial interests

Employees as mentioned in Section 4 are obligated to register certain sideline jobs and financial interests to prevent conflicts of interest by facilitating transparency regarding these. All sideline jobs in legal entities with an economic purpose, as well as financial interests that may create a risk of conflict of interest, must be reported by this group of employees.?

The registering obligation applies regardless of whether the sideline job or financial interest requires approval from UiO or not.?

See the guide.?

6.1 The registering obligation does not apply for sideline jobs and financial interests that undoubtedly do not entail a risk of conflict of interest, among others:?

1. participation in external assessment committees,
2. external examining activities, ?
3. acting as a referee for an academic journal,
4. one-off, low-resource teaching assignments at another institution,
5. one-off assignments in connection with continuing and further education courses under the auspices of other parties,
6. one-off academic lectures as a part of the university's dissemination obligation to society,
7. educational activities as an academic expert through participation in the media etc., except where this constitutes regular activities over an extended period,
8. other similar activities of limited scope and duration that can be considered part of the university's fulfillment of its social responsibility, ?
9. professional assignments or offices that follow the employee's main position,
10. unpaid assignments or offices of lesser scope and occasional work for non-profit institutions without compensation,
11. assignments or offices in housing cooperatives, athletic clubs, etc.,
12. shareholdings or other forms of ownership unrelated to the employee's professional duties or area of work at UiO,
13. shareholdings in publicly listed companies.?

The exemption from the registering obligation for one-off assignments does not apply to repeated assignments for the same client, employer or intermediary.?

The registering obligation also does not apply if compelling privacy considerations justify an exemption, following a request from the employee. In this context, sideline jobs or financial interests that could reveal information about the employee's racial or ethnic origin, health, political opinions, religion, philosophical beliefs, trade union membership, sexual relations, or sexual orientation shall not be reported, cf. Article 9 (1) of the General Data Protection Regulation (eur-lex.europa.eu).?

See the guide.

7. When to apply for approval and register sideline jobs and financial interests

7.1 New employees with sideline jobs and financial interests that require UiO's approval under Sections 5.1 to 5.3 must submit an application as soon as possible, and no later than one month after commencing employment. Other employees who acquire new sideline jobs or financial interests of this kind must submit an application as soon as possible and may not commence the sideline job or acquire the financial interest before it has been approved, unless otherwise agreed with their supervisor. See the guide.?

7.2 New employees as mentioned in Section 4 shall register reportable side jobs and financial interests as referred to in Section 6 as soon as possible, and no later than one month after commencing employment. Other employees as mentioned in Section 4 who acquire side jobs or financial interests as referred to in Section 6 shall register these as soon as possible. See the guide.?

8. Where sideline jobs and financial interests shall be registered

Sideline jobs and financial interests must be registered through the electronic registration solution in DF?'s self-service portal, under the tab for sideline jobs ("external work").?

9. Contents of the application and registration

9.1 Both the application for approval pursuant to Sections 5.1 to 5.3 and the registration of sideline jobs pursuant to Section 6 shall include the following information:

1. registration date,
2. employee's name, title, and department affiliation/place of employment,
3. name and organisation number of the organisation/company to which the sideline jobs is affiliated,
4. type of organisation: state/county municipal/municipality, health trust, business undertaking, educational and research institution, other,
5. start and end dates for sideline jobs,
6. the scope of the sideline jobs as a percentage of a full-time position,
7. the nature of the sideline jobs, such as teaching, directorship, consultancy assignment, judgeship, etc.

If the sideline job requires UiO's approval, the employee shall also provide any other information relevant for UiO's assessment.?

9.2 Both the application for approval pursuant to Sections 5.1 to 5.3 and the registration of financial interests pursuant to Section 6 shall include the following information:

1. registration date,
2. employee's name, title, and department affiliation/place of employment,
3. name and organisation number of the sole proprietorship/company in which the employee holds shares,
4. type of ownership: sole proprietorship, shares in company, other,
5. the extent of the ownership interests/shares, if the entity is not a sole proprietorship,
6. when the ownership was established,
7. the nature of the sole proprietorship/company.

If the ownership/financial interest requires UiO's approval, the employee shall also provide any other information relevant for UiO's assessment.

9.3 UiO may oblige an employee to provide additional information regarding sideline jobs and financial interests.

See the guide.?

10. UiO's processing of applications for approval?

• In cases where the sideline job or financial interest requires UiO's approval under Sections 5.1 to 5.3, UiO shall process the application as soon as possible and notify whether approval is granted, or inform about the further process, no later than one month after receiving the application.
• UiO shall process an employee's application for exemption from public disclosure of sideline jobs and financial interests, or individual information related, under Section 9.3 as soon as possible. No later than one month after receipt, UiO shall notify whether the application is approved or provide information on the further process. UiO shall not disclose the information publicly before the university has considered the application and informed the employee of the outcome.
• The decision on approval or exemption from public disclosure shall be made by the employee's immediate superior. For department heads, this means that the decision is made by the dean, and for deans and heads of discipline, the decision is made by the rector and university director in consultation.
• In cases of uncertainty, the individual with decision-making authority shall refer the application to their immediate superior.

11. Changes in sideline jobs and financial interests, and renewed assessments of approval

• In the event of changes to sideline jobs or financial interests that require UiO's approval, the employee shall submit a renewed application without undue delay and explain the changes. The same applies in the event of changes in terms of the employment at UiO that warrant a new assessment. In both cases, UiO shall carry out a renewed assessment within the deadlines set out in Section 10.
• The employee is obliged to report, as soon as possible, any changes to sideline jobs/financial interests subject to registration, including changes in the nature, scope, or duration of the side line job, as well as increases in or disposal of financial interests. Insignificant changes are not subject to the registration obligation.
• Regardless of the obligations above, the employee shall review and, if necessary, update registered sideline jobs and financial interests upon request from UiO. This includes reporting sideline jobs and financial interests that have ended, making any corrections to existing entries, and confirming that the registered sideline jobs and financial interests are accurate and complete.

See the guide.?

12. Revocation of previously granted permissions

Previously granted permission for side line jobs or financial interests may be revoked or changed if the actual circumstances, legislation or guidelines from other authorities change, such that the sideline job or financial interest is considered to be in conflict with the sideline jobs and financial interests rules or other applicable regulations.?

See the guide.

13. Publication of sideline jobs and financial interests subject to registration

Registered sideline jobs and financial interests under Section 6 are published on UiO's website with the information specified in Sections 9.1, letters A to G, and 9.2, letters A to F. This makes the information available to the public.?

If the employee believes that all or certain information should be exempted from public disclosure, they must indicate this in the application or registration form under Section 9. The reasoning behind this should be provided. If, following a request, UiO determines that there are grounds for exempting all or certain information from disclosure, such information will not be disclosed.?

The employee may also request that UiO exclude sideline jobs/financial interests that have ceased from public disclosure.

See the guide.

14. Privacy and data protection

14.1 Processing and contact:

• All registered sideline jobs and financial interests will be recorded in UiO's sideline jobs and financial interests database, and will be published on UiO's website.
• UiO is the data controller for personal data related to the registration and public disclosure, cf. Article 4 (7) of the General Data Protection Regulation (eur-lex.europa.eu).
• The purpose of the processing is set out in Section 1. As part of fulfilling this purpose, the information will be published on UiO's website. The purpose of the disclosure is that UiO seeks to prevent conflicts of interest and, through transparency, ensure trust in the university's independence and integrity of its employees.
• The legal basis for the registration and disclosure is Article 6 (1)(e) of the General Data Protection Regulation (eur-lex.europa.eu), with a supplementary legal basis in Section 39 a of the Civil Cervants Act (lovdata.no) (Norwegian). In order to achieve the purpose concerning transparency behind the registration obligation, it is necessary that the information is publicly accessible. Where privacy considerations or other considerations indicate that information should not be disclosed, such information shall be exempted from public disclosure in accordance with Section 13. For further details, please see UiO's Privacy Declaration for Employees (uio.no).
• For any questions and/or clarifications concerning privacy and data protection related to the registration of sideline jobs and financial interests, employees are advised to contact UiO's data protection officer.?

14.2 Rights, access and erasure:

• When UiO processes your personal data, you have certain rights under the applicable privacy and data protection legislation. Please see Section 7 of UiO's Privacy Declaration for Employees (uio.no).
• Information that, pursuant to Section 13, is not published or is not subject to disclosure under the Freedom of Information Act shall only be accessible to the management of the unit and to other UiO personnel who have a legitimate interest in being informed of the information.
• UiO will, on its own initiative, delete information about sideline jobs and financial interests from the register/database and public disclosure when there is no longer a risk of conflicts of interest, unless there are circumstances indicating that erasure should occur at a later time.
• Even when registered information has been deleted from UiO's sideline job and financial interests register/database and is no longer publicly available, it may be retained for archival purposes, cf. Article 6 (1)(e) of the General Data Protection Regulation (eur-lex.europa.eu) and Section 8 of the Personal Data Act (lovdata.no) (Norwegian).

See the guide.?

15. Right of appeal and complaints

• Refusal to undertake or continue a sideline job or financial interest, including a refusal to enter into an agreement as referred to in Sections 5.1 to 5.3, shall be accompanied by brief grounds upon request by the affected employee.
• The employee may appeal such refusal as mentioned above to the Sideline Jobs and Owner Interests Board.
• The Sideline Jobs and Owner Interests Board shall consist of three members appointed by the University Board. The chair of the board shall be a lawyer and not employed at UiO. One member shall be appointed based on proposals by the trade unions at UiO, and one member shall be appointed based on proposals from the university director.
• Complaints regarding the processing of personal data may be directed to UiO as the data controller. Individuals also have the right to submit a complaint to the Norwegian Data Protection Authority (datatilsynet.no) (Norwegian).?

See the guide.?

16. Breach of the regulations

In the event of a breach of these regulations, the provisions of the Civil Servants Act (lovdata.no) (Norwegian) apply. See the guide.