Privacy Law at Sweden

11 Apr 2025 --
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Sweden, like all European Union (EU) member states, adheres to the General Data Protection Regulation (GDPR) for data protection and privacy laws. Additionally, Sweden has its national legislation that complements the GDPR, along with a strong enforcement and compliance framework.

Here’s an overview of privacy and data protection laws in Sweden:

🔐 1. Core Legal Framework

GDPR (EU Regulation 2016/679)

GDPR applies directly in Sweden and governs the processing of personal data within Sweden and the broader EU/EEA.

It provides comprehensive rules on data processing, privacy rights, obligations for data controllers and processors, and restrictions on data transfers outside the EU/EEA.

Swedish Data Protection Act (Dataskyddslag – 2018:218)

This act complements the GDPR, and was enacted to ensure national compliance with the EU regulations.

The Swedish Data Protection Act deals with specific issues, such as:

The establishment of national supervisory bodies.

Specific provisions for processing personal data in Swedish law enforcement and national security contexts.

Provisions for processing personal data by Swedish authorities.

🏢 2. Supervisory Authority

Swedish Data Protection Authority (Integritetsskyddsmyndigheten – IMY)

IMY is the independent public authority responsible for monitoring compliance with the GDPR and the Swedish Data Protection Act.

IMY's role includes:

Handling complaints from individuals regarding data processing.

Offering guidance on data protection issues.

Conducting audits and investigations of data controllers and processors.

Imposing administrative fines and penalties for non-compliance.

Website: www.imy.se

🧑‍⚖️ 3. Data Subjects' Rights

Under GDPR and the Swedish Data Protection Act, individuals in Sweden enjoy the following key rights:

Right to access personal data.

Right to rectification: the ability to correct inaccurate data.

Right to erasure ("Right to be forgotten").

Right to restrict processing.

Right to object to data processing.

Right to data portability.

Right not to be subject to automated decision-making (including profiling).

📋 4. Specific Provisions in Swedish Law

Public Sector and National Security

The Swedish Data Protection Act includes special provisions on the processing of personal data by public authorities, law enforcement, and national security bodies.

For example, some specific exemptions may apply to data processing by the Swedish government and certain state agencies if it relates to national security or criminal investigations.

Children’s Data

In Sweden, as per GDPR, the age of consent for data processing is 13 years old. This means that children aged 13 or older can provide valid consent for the processing of their personal data, such as for online services or social media.

Employee Data

Swedish law allows employers to process employees' personal data for legitimate reasons related to the employment relationship (e.g., for payroll, health & safety).

However, employers must maintain transparency and ensure that processing is proportional and necessary for the employment contract.

Special categories of data (e.g., health data, criminal records) require additional safeguards.

🚨 5. Data Breach Notification

Organizations must notify the Swedish Data Protection Authority (IMY) within 72 hours of becoming aware of a data breach, provided the breach risks individuals' rights and freedoms.

If the breach is likely to result in high risks to the rights of individuals, the affected individuals must also be informed without undue delay.

🌍 6. International Data Transfers

Sweden follows GDPR provisions on international data transfers, meaning personal data can only be transferred outside the EU/EEA if the destination country offers adequate protection (as assessed by the European Commission) or if appropriate safeguards are in place (e.g., Standard Contractual Clauses or Binding Corporate Rules).

💶 7. Penalties and Enforcement

The Swedish Data Protection Authority (IMY) has the power to issue warnings, reprimands, or fines for non-compliance.

Fines under GDPR can be as high as €20 million or 4% of global annual turnover, whichever is higher.

The IMY has a reputation for enforcing strict penalties for data protection violations.

📱 8. Cookies and Electronic Communications

Sweden, under the EU ePrivacy Directive (and now the ePrivacy Regulation, which is under discussion), mandates that websites must obtain user consent before placing non-essential cookies on a user's device.

Website owners must also inform users about the types of cookies used and their purposes, and provide an option to manage preferences.

🏛️ 9. Public Opinion on Privacy in Sweden

Sweden is known for its high regard for privacy, and individuals are generally very aware of their data protection rights. There is a significant focus on transparency, consent, and the control individuals have over their personal data.

The Swedish public also has a history of concern about privacy, which has been influenced by a strong commitment to freedom of expression and data protection rights.