SWEDEN
Since May 2022
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
Sweden requires functional separation for operators with significant market power (SMP) in the telecommunications sector. Section 24 of Chapter 5 of the Electronic Communications Act provides that, in exceptional circumstances, the regulatory authority may require a vertically integrated operator, subject to an access obligation, to organisationally separate the activities related to that obligation. This separation must ensure that the activities are managed by an independent business unit. A vertically integrated operator is defined as an entity supplying services to undertakings with which it competes in downstream markets.
Coverage Telecommunications sector
SWEDEN
Since May 2018, last amended in October 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Swedish Protective Security Act 2018 (Säkerhetsskyddslag (2018:585))
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, 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/20220128221112/https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html
- https://web.archive.org/web/20220220112052/https://www.reuters.com/technology/swedish-court-upholds-ban-huawei-selling-5g-network-gear-2021-06-22/
- https://web.archive.org/web/20210125185958/https://www.vvgb-law.com/media/1119/20201129-hw-swedish-pts-decision.pdf
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SWEDEN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Swedish Post and Telecom Authority (PTS), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
SWEDEN
Since December 1999
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Swedish Accounting Act (Bokföringslag (1999:1078))
In Sweden, according to the Accounting Act (chapter 7 section 2§), documents such as a company’s annual reports, balance sheets and annual financial reports must be physically stored in Sweden for a period of seven years and must be "immediately" made available to the Financial Services Authority for the purposes of market supervision.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230324084219/https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/bokforingslag-19991078_sfs-1999-1078
- https://web.archive.org/web/20230728072411/https://itif.org/publications/2017/05/01/cross-border-data-flows-where-are-barriers-and-what-do-they-cost/
SWEDEN
Since May 2018, last amended in October 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.88%
Coverage rate of zero-tariffs on ICT goods (%)
81.13%
Coverage: Digital goods
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 |
Sub-pillar 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
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SWEDEN
Since December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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 |
Sub-pillar 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
FRANCE
Since February 1952, last amended in November 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
According to Art. 45-3 of the Postal and electronic communications code, ".fr" domains can only be registered by physical persons residing in the territory of an EU member state or legal persons established there.
Coverage Horizontal
FRANCE
Since April 1950, last amended in December 2023
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
General Taxation Code (Code général des impôts)
According to Art. 289A of the General Taxation Code, a person not established in the European Union who is liable for the value-added tax or must fulfil reporting obligations is required to have a taxable representative established in France accredited to the tax office.
Coverage Horizontal
FRANCE
Since June 2014
Since June 2004, last amended in June 2020
Since June 2004, last amended in June 2020
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi No. 2004-575 du 21 juin 2004 pour la Confiance dans l'Économie Numérique)
Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi No. 2004-575 du 21 juin 2004 pour la Confiance dans l'Économie Numérique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.
Coverage Horizontal
FRANCE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
France has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
FRANCE
Since 2017
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
France has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal