Lag (2022:482) om elektronisk kommunikation (Electronic Communications Act), Chapter 9, Section 28, Consent to Storing and Reading Information on Terminal Equipment
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Before you store information in, or read information from, a subscriber's or user's terminal equipment, give them access to information about the purpose of the processing and obtain their consent, where consent has the meaning it has in the EU data protection regulation (Chapter 9, section 28; Chapter 1, section 8).
- You need no consent for storage or access only where it is needed to transmit an electronic message over an electronic communications network, or is necessary to provide a service at the express request of the user or subscriber (Chapter 9, section 28).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Chapter 13, section 2: a person who intentionally or negligently stores or retrieves information in breach of Chapter 9, section 28 is sentenced to a fine (böter) if the act is not punishable under the Criminal Code; a minor case is not a crime.
Who enforces it
Enforcement body
The Post and Telecom Authority (Post- och telestyrelsen), the regulatory and supervisory authority under the Act (Förordning (2022:511), section 5), which supervises compliance under Chapter 11, section 1.
What this law does
Chapter 9, section 28 permits information to be stored in or retrieved from a subscriber's or user's terminal equipment only if the subscriber or user has access to information about the purpose of the processing and consents to it. Section 28 allows storage or access without consent where it is needed to transmit an electronic message over an electronic communications network, or is necessary to provide a service at the express request of the user or subscriber.
Chapter 1, section 8 gives the word consent in Chapters 8 and 9 the same meaning as in the EU data protection regulation. Chapter 1, section 7 defines a subscriber as a person who has concluded a contract with a provider of publicly available electronic communications services for the provision of such services. Chapter 1, section 7 defines a user as a person who uses or requests a publicly available electronic communications service.
Chapter 13, section 2 punishes with a fine a person who intentionally or negligently stores or retrieves information in breach of Chapter 9, section 28, if the act is not punishable under the Criminal Code, and a minor case is not a crime. The Post and Telecom Authority (Post- och telestyrelsen) is the regulatory and supervisory authority under the Act. Chapter 11, section 1 has the supervisory authority supervise compliance with the Act and with the decisions and regulations issued under it. The Act took effect on .
When LexLint raises it
When your app profile says your app tracks devices.