Duty LXD-1386
Processes biometric data, in Sweden
Each law's tag says when it binds: since in force proposed proposed
GDPR Article 9, Dataskyddslagen Chapter 3, and the IMY Skelleftea Facial-Recognition Decisionsince 2 lines
Regulation (EU) 2016/679, Art. 9; Dataskyddslagen, ch. 3; IMY decision Di-2019-2221 · Read the law's page
- Do not deploy a facial-recognition or fingerprint attendance-tracking system for a person in Sweden on consent alone; IMY treats employer consent as generally invalid given the employment power imbalance.
- Obtain a GDPR Article 9(2) basis, with weighty grounds, and complete a data protection impact assessment before deploying a biometric identification system in Sweden.
Lagrådsremiss En ny produktansvarslag (proposed Produktansvarslag), Implementation of Directive (EU) 2024/2853proposed11 lines
Lagrådsremiss En ny produktansvarslag · Read the law's page
- The draft Produktansvarslag excludes free and open-source software that you develop or supply outside a business activity (Ch. 1, Sec. 1).
- If you develop, manufacture or produce a product, software included, or put your name, trade mark or another mark on it to present yourself as its maker, you answer as its manufacturer for damage a safety deficiency in it causes (Ch. 1, Sec. 4; Ch. 3, Sec. 1).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: a deficiency due to your software or a related service is not excused because it arose after you placed the product on the market (Ch. 1, Sec. 4; Ch. 3, Sec. 5, second paragraph).
- Meet the product safety rules that apply to your product: they count in deciding whether it has a safety deficiency, and failing a rule meant to prevent the damage presumes a deficiency (Ch. 2, Secs. 2 and 4).
- Account for what your product learns or acquires after release: the effect of any ability to keep learning or to acquire new features is weighed in deciding whether it has a safety deficiency (Ch. 2, Sec. 2(4)).
- Be ready to produce a document or an object when a court orders it under the Code of Judicial Procedure; failing to do so presumes the product has a safety deficiency (Ch. 2, Sec. 4(1)).
- If you manufacture outside the European Economic Area, your importer, your representative or, where there is neither, your provider of distribution services answers for the product (Ch. 3, Sec. 1(3) and (4)).
- If you substantially change a product outside its manufacturer's control and then supply it, you answer as its manufacturer (Ch. 3, Sec. 4).
- If you distribute a product, or provide an online platform that lets a consumer conclude a distance contract with a trader, refer the injured person to the liable person established in the European Economic Area or to your own supplier within one month, or you answer for the product (Ch. 3, Secs. 2 and 3).
- Be able to show that you did not put the product on the market, that the deficiency probably did not exist then, that it results from compliance with product safety rules, or that scientific and technical knowledge made it impossible to discover (Ch. 3, Sec. 5).
- Do not rely on a contract term that is worse for the injured person than the Act: it has no effect against that person (Ch. 1, Sec. 5).