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
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 |
Indicator Local storage requirement
Swedish Accounting Act (Bokföringslag (1999:1078))
Pursuant to Chapter 7, Section 2 of the Swedish Bookkeeping Act, accounting records pertaining to Swedish entities acting as data controllers must be retained for at least seven years within the territory of Sweden.
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/
- https://www.dataguidance.com/notes/sweden-privacy-overview
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SWEDEN
Since April 2016, entry into force in May 2018
Since April 2018
Since April 2019
Since April 2018
Since April 2019
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act with Supplementary Provisions to the GDPR (SFS 2018:218) (Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning)
Ordinance with Supplementary Provisions to the GDPR (SFS 2018:219) (Förordning (2018:219) med kompletterande bestämmelser till EU:s dataskyddsförordning)
Act with Supplementary Provisions to the GDPR (SFS 2018:218) (Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning)
Ordinance with Supplementary Provisions to the GDPR (SFS 2018:219) (Förordning (2018:219) med kompletterande bestämmelser till EU:s dataskyddsförordning)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The GDPR was implemented in Sweden through a variety of pieces of legislation including the Act with supplementary provisions to the GDPR (SFS 2018:218) and the Ordinance with Supplementary Provisions to the GDPR (SFS 2018:219).
Coverage Horizontal
Sources
- https://web.archive.org/web/20250128195041/https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- https://web.archive.org/web/20230109155202/https://www.dataguidance.com/sites/default/files/swedish_code_of_statuses_2018218_pdf_1_1_0.pdf
- https://web.archive.org/web/20231217143937/https://www.dataguidance.com/sites/default/files/swedish_code_of_statuses_2018219_0.pdf
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SWEDEN
Since May 2006
In April 2014
Since May 2022
Since June 2003, as amended in 2019, until 2022
In April 2014
Since May 2022
Since June 2003, as amended in 2019, until 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
Act (2003:389) on Electronic Communication (Lag (2003:389) om elektronisk kommunikation)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
Act (2003:389) on Electronic Communication (Lag (2003:389) om elektronisk kommunikation)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In Sweden, Section 22 of Chapter 9 of the Electronic Communications Act (SFS 2022:482) stipulates minimum periods of retention for certain types of data in order to aid law enforcement. This requires, inter alia, that telecommunications operators retain internet access data for ten months, location information for two months, and call data for six months. These requirements were previously outlined in Section 16 d of Chapter 6 of the Act (2003:389) on Electronic Communication (as amended in 2019), which has been superseded by the 2022 Act.
In Sweden, Section 22 of Chapter 9 of the Electronic Communications Act (SFS 2022:482) stipulates minimum periods of retention for certain types of data in order to aid law enforcement. This requires, inter alia, that telecommunications operators retain internet access data for ten months, location information for two months, and call data for six months. These requirements were previously outlined in Section 16 d of Chapter 6 of the Act (2003:389) on Electronic Communication (as amended in 2019), which has been superseded by the 2022 Act.
Coverage Telecommunications sector
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/#K9
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20241213201624/https://www.dataguidance.com/news/sweden-moj-announces-entry-force-data-retention-rules
- https://web.archive.org/web/20231203162928/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2003389-om-elektronisk-kommunikation_sfs-2003-389/
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SWEDEN
Since July 2000
Since June 2002, entry into force in July 2002, last amended in December 2024
Since June 2002, entry into force in July 2002, last amended in December 2024
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20241211211418/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2002562-om-elektronisk-handel-och-andra_sfs-2002-562/
- https://web.archive.org/web/20230509181147/https://www.reuters.com/world/europe/commission-starts-legal-action-against-23-eu-countries-over-copyright-rules-2021-07-26/
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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SWEDEN
Since July 2000
Since June 2002, entry into force in July 2002, last amended in December 2024
Since June 2002, entry into force in July 2002, last amended in December 2024
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
Act on Electronic Commerce and Information Society Services (2002) (Lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
The Act on Electronic Commerce and Information Society Services (2002) implements Directive 2000/31/EC (E-Commerce Directive), however it fails to establish a conditional safe harbour for Internet Service Providers (ISPs) in Sweden.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20241211211418/https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2002562-om-elektronisk-handel-och-andra_sfs-2002-562/
- https://web.archive.org/web/20230509181147/https://www.reuters.com/world/europe/commission-starts-legal-action-against-23-eu-countries-over-copyright-rules-2021-07-26/
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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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
SWEDEN
Since May 2022
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
In Sweden, the sharing of passive infrastructure is mandated to support the delivery of telecommunications services to end users. Pursuant to Sections 15 and 16 of Chapter 5 of the Electronic Communications Act, operators classified as undertakings with significant market power may be required to comply with reasonable requests for access to and use of infrastructure essential for the construction of electronic communications networks, as well as networks and associated facilities necessary for providing electronic communications services.
Coverage Telecommunications sector
