GUATEMALA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.95%
Coverage rate of zero-tariffs on ICT goods (%)
77.13%
Coverage: Digital goods
SWEDEN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 UNCITRAL Model Law on Electronic Signature
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 June 2014
Since February 2005
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
Law (2005:59) on distance and off-premises contracts
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 UN Convention of Electronic Communications
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
Since 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Gambling Act (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 in Sweden.
Coverage Online gambling services
SWEDEN
Ban announced in 2020
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Import ban applied on ICT goods, products and online services
Protective Security Act
The Protective Security Act, which was amended in 2019 to allow Swedish security and intelligence forces to recommend revocation of operating licenses for firms in sectors important to national security if they are found to pose a security risk, has been used 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 was upheld in Swedish court.
Coverage Huawei and ZTE
Sources
- https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html#:~:text=Protective%20security%20refers%20to%20protecting,to%20more%20organisations%20than%20previously.
- https://www.reuters.com/technology/swedish-court-upholds-ban-huawei-selling-5g-network-gear-2021-06-22/
- https://www.vvgb-law.com/media/1119/20201129-hw-swedish-pts-decision.pdf
- Show more...
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) states 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) states 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://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-1998112-om-ansvar-for-elektroniska_sfs-1998-112
- https://wilmap.stanford.edu/entries/act-responsibility-electronic-bulletin-boards-1998112
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- Show more...
SWEDEN
Since July 2000
Since 2002
Since 2002
Pillar Intermediary liability |
Sub-pillar Safe harbor 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)
Act on Electronic Commerce and Information Society Services (2002)
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 harbor. 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://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2002562-om-elektronisk-handel-och-andra_sfs-2002-562
- https://www.reuters.com/world/europe/commission-starts-legal-action-against-23-eu-countries-over-copyright-rules-2021-07-26/
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- Show more...
SWEDEN
Since July 2000
Since 2002
Since 2002
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce and Information Society Services (2002)
Act on Electronic Commerce and Information Society Services (2002)
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 harbor. 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://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2002562-om-elektronisk-handel-och-andra_sfs-2002-562
- https://www.reuters.com/world/europe/commission-starts-legal-action-against-23-eu-countries-over-copyright-rules-2021-07-26/
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- Show more...
SWEDEN
Since 2019
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Act 2018/19: 86 (Data storage in law enforcement - adaptations to EU law)
The Act 2018/19: 86 (Data storage in law enforcement - adaptations to EU law) 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.
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
SWEDEN
Since 1992
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Sweden has a telecommunications authority: The Swedish Post and Telecom Authority (PTS). However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
SWEDEN
Since May 2018, last amended 2019
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Swedish Protective Security Act 2018
The Protective Security Act, which was amended in 2019 to allow Swedish security and intelligence forces to recommend revocation of operating licenses for firms in sectors important to national security if they are found to pose a security risk, has been 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 was upheld in Swedish court.
Coverage Huawei and ZTE
Sources
- https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html#:~:text=Protective%20security%20refers%20to%20protecting,to%20more%20organisations%20than%20previously.
- https://www.reuters.com/technology/swedish-court-upholds-ban-huawei-selling-5g-network-gear-2021-06-22/
- https://www.vvgb-law.com/media/1119/20201129-hw-swedish-pts-decision.pdf
- Show more...
SWEDEN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Sweden does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law
Coverage Telecommunications sector