Database

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GABON

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Gabon is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

GABON

Since January 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 00027/PR/MEPPDD of 17 January 2018 on the Public Procurement Code (Code des Marchés Publics 2018 Décret No. 00027/PR/MEPPDD du 17 janvier 2018)
According to Art. 119 of the Public Procurement Code 2018, when awarding a contract, in case of equivalent offers, priority is given to a tender presented either by (i) a natural or legal person of Gabonese law; (ii) a natural or legal person proving an economic activity on Gabonese territory; (iii) a small and medium-sized national company whose capital is majority owned by people of Gabonese nationality or Gabonese law; and (iv) business groups associating Gabonese companies or providing for significant subcontracting to nationals. In the regional framework, a community preference can be attributed to the offer presented by a company from the area of ​​the Economic and Monetary Community of Central Africa (CEMAC). In accordance with Art. 119, the margin of preference is 10% for works contracts and 15% for supply contracts.
Coverage Horizontal

SWEDEN

Since June 2018, last amended in November 2024

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Gambling Act (2018:1138) (Spellag (2018:1138))
The Gambling Act (2018:1138) establishes licensing requirements for the provision of online gambling services. Chapter 4 (Section 4) includes the requirement for third-country license applicants to have a physical representative who is a resident of Sweden.
Coverage Online gambling services

SWEDEN

Since June 2014
Since February 2005

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law (2005:59) on Distance and Off-Premises Contracts (Lag (2005:59) om distansavtal och avtal utanför affärslokaler)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law (2005:59) on distance and off-premises contracts.
Coverage Horizontal

SWEDEN

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
Sweden has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SWEDEN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Sweden has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SWEDEN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Sweden has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

SWEDEN

Since May 2022, as amended in August 2022

Pillar Intermediary liability  |  Sub-pillar 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

SWEDEN

Since March 1998

Pillar Intermediary liability  |  Sub-pillar 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.
Coverage Online bulletin boards

SWEDEN

Since May 2018, last amended in October 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar 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

SWEDEN

Since March 2010, entry into force in May 2010, last amended in 2018
Since August 2010, as amended in November 2020, last amended in December 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Radio and Television Act (2010: 696) (Radio-och tv-förordning (2010:696))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Sweden, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act in November 2020 (SFS 2020:875). According to Chapter 5, Section 8 of the Act, providers of on-demand television must ensure that at least 30% of their catalogue consists of programmes of European origin and that these programmes are effectively promoted. Sweden has not introduced financial contribution obligations for VOD service providers.
Furthermore, under Chapter 5, Section 7, at least 10% of the annual transmission time or 10% of the programming budget must be allocated to European programmes produced by independent producers, with a significant portion of these programmes being completed within the past five years. The term "transmission time" refers to the period during which programmes are broadcast, excluding news, sports, games, announcements, teleshopping, and broadcasts consisting solely of text. Additionally, unless specific reasons prevent it, television broadcasts should include a substantial number of Swedish programmes featuring artists and creators active in Sweden.
Coverage Video streaming services
Sources

SWEDEN

Since May 2018, last amended in October 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing 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

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

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