SwedenLag (2024:954) med kompletterande bestämmelser till EU:s förordning om digitala tjänster (Act Supplementing the Digital Services Act), Supervision, Orders and Sanctions
Lag (2024:954) med kompletterande bestämmelser till EU:s förordning om digitala tjänster
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- Comply with Articles 11(1) and (3), 12(1), 13(1), 14(6), 16(4), 18(1), 24(1), (2) and (3), 26(2) and (3), 30(1) and (6), 31(1) and 32(1) and (2) of the Digital Services Act as originally worded, the articles for which Chapter 3, section 23 of the Lag (2024:954) provides a sanction fee, and with any commitment you have made binding with a supervisory authority.
- Send a notification of a suspected criminal offence under Article 18(1) of the Digital Services Act, where it is made in Sweden, to the Polismyndigheten (Chapter 2, section 3).
- Follow a supervisory authority's order to end an infringement or to take remedial measures, and a court's order for an inspection or for a temporary restriction of recipients' access to your service (Chapter 3, sections 2 and 3).
If you get it wrong
Penalty structure
Chapter 3, section 25 sets the sanction fee at no less than SEK 5,000 and no more than 6 percent of the provider's global annual turnover in the preceding financial year.
- Rule
- Turnover pct only
- As of
- Minimum
- 5,000
- Currency
- SEK
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Post and Telecom Authority (Post- och telestyrelsen), which Förordning (2024:958), section 4, makes a supervisory authority and the digital services coordinator, responsible for all supervision questions except the tasks given to other supervisory authorities under sections 5 to 7 of the Ordinance.
What this law does
Chapter 1, section 3 makes a supervisory authority designated by the government a competent authority under the Digital Services Act and has the government decide which supervisory authority is the digital services coordinator. Chapter 2, section 1 requires an order to act against illegal content under Article 9 of the Digital Services Act to meet the requirements of Article 9(2).
Chapter 2, section 2 requires an order to provide information under Article 10 of the Digital Services Act to meet the requirements of Article 10(2). Chapter 2, section 3 requires a notification of a suspected criminal offence under Article 18(1) of the Digital Services Act to be made in Sweden to the Police Authority (Polismyndigheten).
Chapter 3, section 1 has a supervisory authority supervise compliance with the Digital Services Act, with acts adopted under Articles 15(3), 24(6) or 87, with the Act itself and the regulations issued under it, and with commitments made binding under the Digital Services Act or the Act. Chapter 3, section 2 lets a supervisory authority charge an investigation fee and a sanction fee and attach a periodic penalty (vite) to its decisions.
Chapter 3, section 3 lets a court, on an application from a supervisory authority, order an inspection and order a temporary restriction of recipients' access to a service or online interface. Chapter 3, section 16 caps a periodic penalty at 5 percent of the average global daily turnover or daily income per day. Chapter 3, section 19 caps an investigation fee at 1 percent of the annual income or global annual turnover in the preceding financial year.
Chapter 3, section 23 requires a sanction fee from a provider of an intermediary service that breaches an obligation under Article 11(1), 11(3), 12(1), 13(1), 14(6), 16(4), 18(1), 24(1), 24(2), 24(3), 26(2), 26(3), 30(1), 30(6), 31(1), 32(1) or 32(2) of the Digital Services Act as originally worded. Chapter 3, section 25 sets the sanction fee at a minimum of SEK 5,000 and a maximum of 6 percent of the provider's global annual turnover in the preceding financial year.
Chapter 3, section 25 lets the supervisory authority waive a sanction fee in whole or in part if the infringement is minor or excusable and the provider takes corrective action, if another authority has taken sufficient action, or if it would otherwise be unreasonable to charge it.
Chapter 3, section 24 bars a sanction fee where the infringement is covered by an order carrying a periodic penalty that forms the basis of an application to enforce it, or where the person concerned has not been given the opportunity to comment within two years of the infringement. Chapter 4, section 1 makes the Administrative Court in Stockholm (Förvaltningsrätten i Stockholm) the competent court.
The transitional provisions allow a sanction fee under Chapter 3, section 23 only for infringements committed after the Act took effect. The Act took effect on .
When LexLint raises it
When your app profile says your app operates a social platform.