Database

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SWEDEN

N/A

Pillar Online sales and transactions  |  Indicator 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 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

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  |  Indicator 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 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

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.
Coverage Online bulletin boards

SWEDEN

Since 1993

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Swedish government owns a 39.5% stake in Telia, one of Sweden's largest telecommunications firms. The government had full ownership of Telia up until 2006, when Telia merged with Sonera, and the Swedish government's stake fell to 46%. They have since divested further, bringing the current stake to 39.5%
Coverage Telecommunications sector

SWEDEN

Since May 2022

Pillar Telecom infrastructure & competition  |  Indicator 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  |  Indicator 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  |  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))
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 April 2016, entry into force in May 2018
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)
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

SWEDEN

Since May 2006
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)
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.
Coverage Telecommunications sector

SWEDEN

Since July 2000
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)
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.
Coverage Internet intermediaries

SWEDEN

Since July 2000
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)
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.
Coverage Internet intermediaries

SWEDEN

Since May 2001
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)
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.
Coverage Horizontal

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