SwedenMarknadsföringslag (Marketing Act), Sections 19 and 21, Marketing by Automatic Calling Systems and Other Distance Methods
Marknadsföringslag (2008:486), 19 och 21 §§
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Consent
As of .
What it requires
- Do not use an automatic calling system or similar automatic system for individual communication that no individual operates to market to a natural person unless the person has consented in advance (section 19, first paragraph).
- Do not use another method of individual communication at a distance, which includes a call placed by a person, to market to a natural person who has clearly objected to that method being used (section 21).
If you get it wrong
Private right of actionYes
Penalty structure
Section 31 sets the market disruption fee at no less than SEK 10,000 and no more than 4 percent of the trader's turnover in the financial year before the infringement ended or the summons was served. Where the infringement occurred in the trader's first year of business or the turnover figures are missing or deficient, turnover may be estimated and the fee may be set at up to the amount in kronor corresponding to two million euro.
- Rule
- Turnover pct only
- As of
- Minimum
- 10,000
- Currency
- SEK
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
The Consumer Ombudsman (Konsumentombudsmannen), who brings the action for a market disruption fee, and a trader affected by the marketing or an association of traders if the Ombudsman decides not to (section 48).
What this law does
Section 19 permits a trader to use an automatic calling system or similar automatic system for individual communication that no individual operates, in marketing to a natural person, only if the person has consented in advance. Section 21 permits a trader to use methods for individual communication at a distance other than those in section 19, unless the natural person has clearly objected to the method being used.
Section 19 reaches an automatic calling system or similar automatic system only where no individual operates it, so section 21 applies to any other method of individual communication at a distance. Section 29 lets a trader be ordered to pay a market disruption fee (marknadsstörningsavgift) if the trader, or someone acting on its behalf, has intentionally or negligently breached a provision of the Act.
Section 31 sets the fee at a minimum of SEK 10,000 and a maximum of 4 percent of the trader's turnover in the financial year before the infringement ended or the summons was served. Section 37 makes a person who intentionally or negligently breaches sections 18 to 22 a, among other provisions, liable to compensate the damage that causes a consumer or another trader. The Act took effect on .
When LexLint raises it
When your app profile says your app sends automated outreach.