On 3 June 2022, the new Electronic Communications Act (the “New ECA”) entered into force. On the same day, the new Electronic Communications Ordinance, as well as several regulations from the Swedish Post and Telecom Authority, entered into force. On 1 August, regulations from the Swedish Post and Telecom Authority regarding security of networks and services are expected to enter into force.
The new regulatory framework aims to transpose the Directive of the European Parliament and of the Council (2018/1972) of 11 December 2018 establishing the European Electronic Communications Code (recast) (the "Code") and contains several news and amendments.
Number-independent interpersonal communication services are covered by the New ECA. These types of services enable communication without the use of numbers, such as e-mail services, Voice over IP and group chats.
New and detailed rules are introduced regarding the information to be provided to end-users before entering into agreements.
Further, the Swedish Post and Telecom Authority is given the power to decide on a penalty fee for certain types of violations. The penalty fee shall be set at a minimum of SEK 5,000 and a maximum of SEK 10 million.
One of the Code's objectives is to promote investment in high-capacity networks, such as fiber and 5G networks. This is reflected in Chapter 1, Section 1 of the New ECA, which states that the New ECA aims for individuals and authorities to receive the greatest possible exchange in terms of capacity.
The Code should have been implemented in all EU Member States by 21 December 2020. In April 2022, the European Commission decided to refer 10 Member States, including Sweden, to the Court of Justice of the European Union over their failure to fully transpose the Code.
If you have any questions regarding the new regulatory framework, you are welcome to contact: Carl Johan af Petersens, Sebastian Örndahl, Victoria Fredén or Alva Chambert.
Link to the New ECA, in Swedish.
Link to the new ordinance, in Swedish.
