SWEDEN
Since May 2022, as amended in August 2022
Pillar Intermediary liability |
Indicator User identity requirement
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
As stipulated in Art. 24 of Law 2022:482 on Electronic Communications, as amended by the Swedish statute book (SFS) 2022:1086, any individual or entity offering an interpersonal communication service based on publicly available prepaid numbers or a prepaid Internet connection service is prohibited from providing access to the service without first registering the following details: (1) the name and postal address of the subscriber, (2) the subscriber's social security number, coordination number, organisation number, or other identification number, and (3) the number or other designation of the service. Additionally, the provider must record the time of registration, and this information must be retained and made available for up to one year after the cessation of service provision.
Coverage Providers of prepaid publicly available number-based interpersonal communication services and prepaid Internet access services
Sources
- https://web.archive.org/web/20231211033726/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2022482-om-elektronisk-kommunikation_sfs-2022-482/
- https://web.archive.org/web/20240424062130/https://svenskforfattningssamling.se/sites/default/files/sfs/2022-06/SFS2022-1086.pdf
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
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SWEDEN
Since April 2019
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
Sweden has not yet implemented the Directive 2019/790.
Sweden has not yet implemented the Directive 2019/790.
Coverage Online content sharing service
SWEDEN
Since March 1998
Pillar Intermediary liability |
Indicator Monitoring requirement
Act on Responsibility for Electronic Bulletin Boards (1998:112)
The Act on Responsibility for Electronic Bulletin Board requires internet sites, where users can post comments about a particular issue or topic and reply to other users' postings (i.e. bulletin boards), to monitor the service regularly and to an extent that may reasonably be required taking into account the scope and nature of the service. An intentional or grossly negligent violation of the obligation to remove illegal content is considered as a criminal offence. The Act includes an information duty (Section 3), a supervision duty (Section 4), and a duty to erase certain messages (Section 5).
This is despite Art. 15 of Directive 2000/31/EC (e-Commerce Directive) stating that Member States should not impose on providers a general obligation to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
This is despite Art. 15 of Directive 2000/31/EC (e-Commerce Directive) stating that Member States should not impose on providers a general obligation to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
Coverage Online bulletin boards
Sources
- https://web.archive.org/web/20240117030005/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-1998112-om-ansvar-for-elektroniska_sfs-1998-112/
- https://web.archive.org/web/20220528005812/https://wilmap.stanford.edu/entries/act-responsibility-electronic-bulletin-boards-1998112
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231206023311/https://nathatshjalpen.se/en/a/act-responsibility-electronic-bulletin-boards-bbs/
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SWEDEN
Since May 2018, last amended in October 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Protective Security Act 2018 (Säkerhetsskyddslagen 2018)
The Protective Security Act, which was amended in 2019 to allow Swedish security and intelligence forces to recommend the revocation of operating licenses for firms in sectors important to national security if they are found to pose a security risk. The law was used in 2020 to ban Huawei and ZTE equipment from being used in the Swedish network. Specifically, the Swedish Post and Telecom Authority (PTS) has told telecommunications operators in Sweden vying for licensing rights at auction that bids including Huawei or ZTE equipment will not be considered, and pre-existing Huawei and ZTE infrastructure would need to be decommissioned by 2025. This effective ban on Huawei and ZTE equipment has been challenged in court, but so far, the decision has been upheld in the Swedish court.
Coverage Huawei and ZTE
Sources
- https://web.archive.org/web/20211021034821/https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html
- https://web.archive.org/web/20230105130453/https://www.reuters.com/business/media-telecom/swedish-court-upholds-ban-huawei-sale-5g-gear-2022-06-22/
- https://web.archive.org/web/20230331073907/https://www.state.gov/reports/2020-investment-climate-statements/sweden/
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SWEDEN
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law (2016:1146) on Procurement in the Utilities Sector (Lag (2016:1146) om upphandling inom försörjningssektorerna)
Procurement Regulations (Upphandlingsförordning (2016:1162)
Law (2016:1146) on Procurement in the Utilities Sector (Lag (2016:1146) om upphandling inom försörjningssektorerna)
Procurement Regulations (Upphandlingsförordning (2016:1162)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Sweden, the Directive has been transposed with the Law (2016:1146) on Procurement in the Utilities Sector and the Procurement Regulations.
In Sweden, the Directive has been transposed with the Law (2016:1146) on Procurement in the Utilities Sector and the Procurement Regulations.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20241211210514/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-20161146-om-upphandling-inom_sfs-2016-1146/
- https://web.archive.org/web/20230802182347/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/upphandlingsforordning-20161162_sfs-2016-1162/
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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SWEDEN
Since December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act (2023:560) on the Screening of Foreign Direct Investments (Lag (2023:560) om granskning av utländska direktinvesteringar)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250209235824/https://investmentpolicy.unctad.org/investment-laws/laws/468/sweden-act-2023-560-
- https://web.archive.org/web/20230928204840/https://www.state.gov/reports/2023-investment-climate-statements/sweden/
- https://web.archive.org/web/20230331073907/https://www.state.gov/reports/2020-investment-climate-statements/sweden/
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SWEDEN
Since December 2005, entry into force in January 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act (2005:551) (Aktiebolagslag (2005:551)
According to Section 9 of the Companies Act, at least 50% of the board of directors of a limited liability company must be European Economic Area (EEA) residents unless granted an exemption by the Swedish Companies Registration Office.
Coverage Horizontal
SWEDEN
Since May 2018, last amended in October 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Protective Security Act 2018:585 (Säkerhetsskyddslag 2018:585)
Amendments to the Protective Security Act 2018 (PSA) grant the Swedish Government the authority to oversee and potentially block investments that may threaten national security. The Act also empowers Swedish security services and armed forces to conduct security inspections on firms operating in sectors deemed critical to national security and, if necessary, revoke operating licenses if breaches are identified. One of the sectors covered by this legislation is telecommunications. The Act deliberately refrains from providing a detailed definition of "security-sensitive activity". According to Chapter 1, Section 1 of the PSA, security-sensitive activities include (i) activities crucial to Sweden's security or (ii) activities bound by an international protective security commitment that Sweden has undertaken. It is reported that the preparatory works of the PSA suggest that activities within certain sectors may be considered security sensitive, such as essential services related to electronic communications, including operational centres, key interconnection points with equipment for traffic exchange and signalling, and major transmission networks, as well as key civil infrastructure like stations for electronic communications, 5G technologies, and radio and TV.
The PSA has been used by the Swedish security services to ban Huawei from operating in Sweden in 2020, as they deemed the equipment to pose a security risk to the country.
The PSA has been used by the Swedish security services to ban Huawei from operating in Sweden in 2020, as they deemed the equipment to pose a security risk to the country.
Coverage Security-sensitive activites
SWEDEN
Since December 2023
Since May 2018, last amended in October 2023
Since May 2018, last amended in October 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act (2023:560) on the Screening of Foreign Direct Investments (Lag (2023:560) om granskning av utländska direktinvesteringar)
Protective Security Act 2018:585 (Säkerhetsskyddslag 2018:585)
Protective Security Act 2018:585 (Säkerhetsskyddslag 2018:585)
In December 2023, the Act (2023:560) on the Screening of Foreign Direct Investments entered into force, introducing substantial changes to the regulatory framework governing foreign investments in Sweden. According to Art. 7 of the law, foreign investors engaging in sensitive sectors are mandated to secure authorisation from the reviewing authority before executing the investment. The authority holds the power to approve, conditionally approve, or prohibit the investment based on considerations related to public order or national security.
The FDI Act applies to investments in undertakings with a registered office in Sweden, including indirect transfers of shares and transfers of shares in listed companies. According to Art. 7, any prospective foreign investor in protected activities notify the inspection authority before investing if: (i) they would hold 10% or more of the votes in a relevant entity, (ii) acquire or form an entity engaging in protected activities, (iii) become a partner in a trading company conducting such activities, (iv) form a foundation engaging in these activities, or (v) gain direct or indirect influence over the management of entities or foundations involved in protected activities.
The Act covers various sectors, including essential services, security-sensitive activities (as defined in Art. 2 of the Protective Security Act), the processing of sensitive personal data or location data, the processing of sensitive personal data or location data, research or the supply of products or technology relating to emerging technologies and other strategically protected technologies.
The FDI Act applies to investments in undertakings with a registered office in Sweden, including indirect transfers of shares and transfers of shares in listed companies. According to Art. 7, any prospective foreign investor in protected activities notify the inspection authority before investing if: (i) they would hold 10% or more of the votes in a relevant entity, (ii) acquire or form an entity engaging in protected activities, (iii) become a partner in a trading company conducting such activities, (iv) form a foundation engaging in these activities, or (v) gain direct or indirect influence over the management of entities or foundations involved in protected activities.
The Act covers various sectors, including essential services, security-sensitive activities (as defined in Art. 2 of the Protective Security Act), the processing of sensitive personal data or location data, the processing of sensitive personal data or location data, research or the supply of products or technology relating to emerging technologies and other strategically protected technologies.
Coverage Sensitive sectors
Sources
- https://web.archive.org/web/20231211235512/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240529151650/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2023560-om-granskning-av-utlandska_sfs-2023-560/
- https://web.archive.org/web/20231110234923/https://www.government.se/government-policy/foreign-and-security-policy/protective-security-act-2018-585/
- https://web.archive.org/web/20230331073907/https://www.state.gov/reports/2020-investment-climate-statements/sweden/
- https://web.archive.org/web/20231209012743/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/sweden
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SWEDEN
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Discriminatory treatment in patent applications
It has been reported that patent filing fees for foreign applicants in Sweden are higher than those for domestic applicants. The Swedish Patent and Registration Office (PRV) suggests that non-residents may need to engage a local agent to file a patent. According to the Swedish Intellectual Property Office, fees for foreign patent applications range from 140 to 18,610 SEK (approximately 13 to 1,700 USD), while fees for domestic applicants range from 150 to 8,450 SEK (approximately 14 to 800 USD). Additionally, inventions made in Sweden that have implications for national security require authorisation from the Swedish patent office before they can be filed abroad.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230928204840/https://www.state.gov/reports/2023-investment-climate-statements/sweden/
- https://web.archive.org/web/20201202161915/https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2019-20/march-april/global-collaborations-foreign-filing-licenses/
- https://web.archive.org/web/20211201094501/https://www.prv.se/en/patents/fees-and-payment/
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SWEDEN
Since May 1989
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Sweden is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SWEDEN
Since May 2001
Since December 1960, last amended in November 2024
Since December 1960, last amended in November 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC (The Copyright Directive)
Act No. 1960:729 on Copyright in Literary and Artistic Works (Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk)
Act No. 1960:729 on Copyright in Literary and Artistic Works (Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Swedish Act on Copyright in Literary and Artistic Works was amended to be consistent with the Directive, but Sweden applies copyright exceptions very narrowly, choosing not to employ the three-step test. The economic rights conferred by the Copyright Act are relaxed in cases of making physical copies for private or educational use or when an author has previously authorised the reproduction of the work in the EEA (the Consumption Principle). However, Section 12 of the Copyright Act explicitly excludes creating digital copies of copyrighted material or making copies of computer programs and software, and a 2016 ruling by the Swedish Supreme Court found that posting photos of public art online was not consistent with Swedish copyright law.
The Swedish Act on Copyright in Literary and Artistic Works was amended to be consistent with the Directive, but Sweden applies copyright exceptions very narrowly, choosing not to employ the three-step test. The economic rights conferred by the Copyright Act are relaxed in cases of making physical copies for private or educational use or when an author has previously authorised the reproduction of the work in the EEA (the Consumption Principle). However, Section 12 of the Copyright Act explicitly excludes creating digital copies of copyrighted material or making copies of computer programs and software, and a 2016 ruling by the Swedish Supreme Court found that posting photos of public art online was not consistent with Swedish copyright law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230928054256/https://wikimedia.se/2017/07/10/court-judgment-shrinks-public-space-in-sweden/
- https://web.archive.org/web/20231129014753/https://www.lexology.com/library/detail.aspx?g=2b8145b5-a80b-4a19-9d8d-a42b2131f96c
- https://web.archive.org/web/20230528203748/https://www.wipo.int/wipolex/en/text/580485
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SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Sweden have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Sweden have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SWEDEN
Since June 2016
Since May 2018
Since May 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act (2018:558) on Trade Secrets. (Lag (2018:558) om företagshemligheter)
Act (2018:558) on Trade Secrets. (Lag (2018:558) om företagshemligheter)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Sweden transposed the Directive through a series of amendments to existing legislation as well as the Trade Secrets Act of 2018.
Coverage Horizontal
