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1 Text of the Act The government proposes the following legislative text. 1.1 Draft Electronic Communications Act The following is hereby1 laid down. Chapter 1 General provisions Purpose and scope of the Act Section 1 This Act aims to provide individuals and authorities with access to secure and efficient electronic communications and to maximise the exchange of all electronic communications services in terms of selection as well as their price, quality and capacity. The purpose shall be achieved in particular by promoting competition, innovation, international harmonisation and security of networks and services. In addition, universal service shall always be available at all times on equal terms throughout the country at affordable prices. In the application of the Act, Sweden's security as well as the importance of electronic communications for freedom of expression and information shall be taken into account in particular. Section 2 The Act applies to electronic communications networks and services and associated facilities and services and other radio use. Relationship to other rules Section 3 The provisions of the Act do not replace provisions on review under any other act. Section 4 In addition to the provisions of this Act, the Radio and Television Act (2010:696) contains provisions on the broadcasting of sound radio and television programmes addressed to the public and intended to be received by technical means. Provisions on radio equipment are laid down in the Radio Equipment Act (2016:392). Section 5 Provisions on the processing of personal data are contained, except in Chapters 8 and 9 of this Act, in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), in this Act referred to as the EU Data Protection Regulation, and in the Act (2018:218) with additional 1 Cf. Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code. 1  provisions to the EU Data Protection Regulation and in regulations issued in connection with that Act. The provisions of the EU Data Protection Regulation about correction, erasure, limitation and damages also apply to the processing of personal data under this Act. Regulatory and supervisory authority Section 6 The Government determines which authority shall be the regulatory authority and supervisory authority respectively under this Act. Terms and definitions in the Act Section 7 For the purposes of the Act: subscriber: any person who has concluded a contract with a provider of publicly available electronic communications services for the provision of such services; public electronic communications network: an electronic communications network used wholly or principally for the provision of publicly available electronic communications services and supporting the transmission of information between network termination points; user: any person using or requesting a publicly available electronic communications service; Berec: The Body of European Regulators for Electronic Communications; electronic communications service: a service normally provided for remuneration over electronic communications networks and which – with the exception of services consisting of the provision of content transmitted using electronic communications networks and electronic communications services and services involving the exercise of editorial responsibility over such content – is: 1. an Internet access service as referred to in Article 2(2) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open Internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012; 2. an interpersonal communications service, or 3. a service consisting wholly or mainly of the conveyance of signals, such as transmission services used for the provision of machine-to- machine services or for radio-broadcasting; electronic communications network: a transmission system and, where applicable, switching or routing equipment and passive network elements and other resources, which permit the conveyance of signals, by wire or by radio wave, by optical means or by other electromagnetic transmission media, irrespective of the type of information transmitted; electronic message: any information exchanged or transmitted between a limited number of parties through a publicly available electronic communications service, except information transmitted as part of broadcasts of sound radio and television programmes addressed to the public over an electronic communications network, unless that 2 information can be linked to the individual subscriber or user of the information; harmonised frequency space: a frequency space for which harmonised conditions of use have been laid down in a technical implementing measure pursuant to Article 4 of Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision); privacy incident: an event leading to accidental or unauthorised erasure, loss, alteration, unauthorised disclosure of or unauthorised access to data processed in connection with the provision of publicly available electronic communications services; Internet access: the possibility of transmission of IP packages giving users access to the Internet; interpersonal communications service: a service which is usually provided for remuneration and which enables the direct interpersonal and interactive exchange of information via electronic communications networks between a limited number of persons, whereby the persons initiating or participating in the communication determine the recipient(s), but not a service enabling interpersonal and interactive communication merely as a minor ancillary function directly linked to another service; location data: 1. a data processed in a public mobile electronic communications network indicating the geographical position of the terminal equipment of an end-user; or 2. a data element in a public fixed electronic communications network concerning the physical address of the network termination point; messaging: the exchange or transmission of an electronic message which is not a call, nor is information transmitted as part of broadcasts of sound radio or television programmes; microenterprise: an enterprise that, in accordance with Title I of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, employs fewer than 10 persons and whose annual turnover or balance sheet total does not exceed EUR 2 million; failed dial-up: a dial that is connected without reaching a receiver; number-based interpersonal communications service: an interpersonal communications service that establishes a connection to numbers in national or international numbering plans or which allows communication with such numbers; number independent interpersonal communications service: an interpersonal communications service which neither establishes a connection to numbers in national or international numbering plans nor allows communication with such numbers; network termination point: a physical point at which an end-user is connected to a public electronic communications network; very high capacity network: an electronic communications network consisting entirely of fibre optics at least up to the end-user's premises or a base station or electronic communications network capable of offering similar network performance under normal peak conditions; 3  emergency communication: communication with society's emergency services through an interpersonal communication service; operator: any person providing or intending to provide a public electronic communications network or an associated facility; operator lock: restrictions on the use of terminal equipment that a provider has imposed or caused to be imposed to prevent the equipment from being used for other providers' electronic communications services; radio equipment: a device enabling radio communication or determination of the position, speed or other characteristics of an object by transmission of radio waves (radio transmitters) or reception of radio waves (radio receivers); radio communication: transmission, broadcast or reception of signs, signals, writing, images, sounds or messages of any kind by radio waves; radio waves: electromagnetic waves with frequencies from 9 kilohertz to 3,000 gigahertz that spread out without specially arranged conductor; rental wholesale company: an undertaking that does not operate in a retail market, is not related to, nor, by participating interests, controls an undertaking that operates in a retail market and is not contractually bound to deal exclusively with an individual undertaking operating in a retail market; call: a connection through a publicly available interpersonal communications service enabling voice communication in both directions; interconnection: physical and logical interconnection of public electronic communications networks to enable users to communicate with each other or access services provided on the networks; harmful disturbance: interference that jeopardises the functioning of a radio navigation service or of any other security service or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with applicable regulations, including interference with existing or planned services on nationally allocated frequencies; end user: a user who does not provide a public electronic communications network or a public electronic communications service; small enterprises: an enterprise that, in accordance with Title I of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, employs fewer than 50 persons and whose annual turnover or balance sheet total does not exceed EUR 10 million; security in networks and services: the ability of electronic communications networks and electronic communications services to withstand, at a given level of reliability, events that undermine the availability, authenticity, accuracy or confidentiality of the networks or services, of stored, transmitted or processed data or of the related services offered by or accessible through those electronic communications networks or services; security incident: an event with an actual adverse effect on the availability, authenticity, accuracy or confidentiality of an electronic communications network or an electronic communications service, of stored, transmitted or processed data or of the related services offered by or accessible through those electronic communications networks or 4 electronic communications services, or on the ability to withstand such events; speech communication service: a publicly available electronic communications service enabling the making and receiving calls via one or more numbers within a national or international telephone numbering plan; telephony service: an electronic communications service involving the possibility of making or receiving calls via one or more numbers within a national or international telephone numbering plan; associated facility: a device, function or something else related to an electronic communications network or an electronic communications service that enables, supports or may support the provision of services over that network or service; traffic data: data processed for the purpose of conveying an electronic message over an electronic communications network or for the purpose of billing that message; short-range wireless access points: small, low power and short-range wireless network access equipment which may be equipped with one or more low visual impact antennas and which allows users to access electronic communications networks wirelessly irrespective of whether the underlying network topology is mobile or fixed; wireless local networks: low power and short-range wireless communications systems that use on a non-exclusive basis a harmonised frequency space and have a low risk of interference with other such systems used by other users in the immediate vicinity of the system; vertical integrated operator: an operator providing services to undertakings with which it competes in downstream markets. Section 8 The words "processing" and "consent" in Chapters 8 and 9 have the same meaning as in the EU Data Protection Regulation. Recognition of operator Section 9 The Government or the authority designated by the Government may decide on the recognition of an operator under rules adopted by the International Telecommunication Union and may issue the necessary regulations for such recognition. Maritime settlement bodies Section 10 The Government or the authority designated by the Government may decide on the registration of maritime settlement bodies under rules adopted by the International Telecommunication Union and may issue the necessary regulations for such registration. Communication activities in case of heightened alert Section 11 If Sweden is at war or in danger of war or if there are such exceptional conditions that are due to the fact that there is war outside Sweden's borders or because Sweden has been at war or in danger of war, the Government may issue regulations on electronic communications networks and electronic communications services with associated 5  facilities and services as well as other radio use that are necessary with regard to the country's defence or security in general. The Government or the authority designated by the Government may issue regulations on the peacetime planning for the total defence needs of electronic communications under the conditions set out in the first paragraph. Section 12 The regulatory authority may require the provider of electronic communications networks or electronic communications services which are of particular importance from a general point of view to take into account, in certain ways, the needs of the total defence for electronic communications in the case of heightened alert. Chapter 2 Notification of activities Section 1 Public electronic communications networks usually provided for remuneration or publicly available electronic communications services may be provided only after notification to the regulatory authority. The first paragraph shall not apply to: 1. number-independent interpersonal communications services; or 2. activities consisting solely of the transmission of signals by wire for the broadcast to the public of programmes referred to in Chapter 1, Section 2, of the Fundamental Law on Freedom of Expression. The Government or the authority designated by the Government may issue regulations on further exemptions from the notification requirement. Section 2 A business entity that has made a notification under Section 1 shall notify the supervisory authority without delay, if the activity ceases. Section 3 A business entity carrying out activities to be notified pursuant to Section 1 shall apply such standards as the European Commission has indicated as mandatory in a list published in the Official Journal of the European Union. Chapter 3 Right to use radio transmitters Authorisation to use radio transmitters Section 1 Radio transmitters may be used here, in Sweden, or on a Swedish ship or aircraft abroad only with the authorisation of the regulatory authority. An authorisation shall refer to the right to use a particular radio transmitter or to use radio transmitters within a given frequency space. Section 2 If the use of frequency space and the conditions and procedure for granting authorisation to use radio transmitters have been harmonised in accordance with international agreements to which Sweden has acceded or provisions adopted pursuant to the Treaty on the Functioning of the European Union, a business entity that has been granted such authorisation shall be deemed to have authorisation under Section 1. 6 Section 3 The requirement for authorisation under Section 1 shall not apply to the Police Authority, the Swedish Security Service, the Swedish Armed Forces or the Swedish Defence Radio Establishment. Nor does this apply to the Swedish Defence Materiel Administration in the context of activities carried out on behalf of the Swedish Armed Forces and the Swedish Defence Radio Establishment. After obtaining the opinion of the Swedish Armed Forces, the regulatory authority decides on the allocation of radio frequencies for the Swedish Armed Forces, the Swedish Defence Radio Establishment and the Swedish Defence Materiel Administration and on the additional conditions needed. In the case of the Police Authority and the Swedish Security Service, the regulatory authority decides on such matters after obtaining the opinion of those authorities. Section 4 The Government or the authority designated by the Government may issue regulations on exemptions from the authorisation requirement under Section 1. The regulations may stipulate that the radio equipment in which the transmitter is incorporated must comply with specified technical requirements and otherwise such conditions as are laid down in Section 12, first paragraph, subparagraphs 1–6 and 8, Section 13 and Section 14, paragraphs 1, 2 and 4. Conditions restricting electronic communications services or technologies that may be used may be decided only in the cases referred to in Section 15. An exception in such regulations may be limited in time. In that case, the second paragraph of Section 17 shall apply. Section 5 A business entity that is exempt from the requirement of authorisation under Section 3 or in accordance with regulations issued by virtue of Section 4 shall, for the purposes of this Act, be deemed to have authorisation under Section 1. Authorisation procedure Section 6 The regulatory authority shall grant authorisation to use radio transmitters, if: 1. it may be assumed that radio frequencies will not be used in such a way as to create a risk of unauthorised harmful interference; 2. the radio use constitutes an efficient use of the frequency space; 3. it can be assumed that the radio use will not hinder radio communications which are particularly important taking into account free opinion-forming; 4. the radio use will not use frequency space needed to maintain reasonable readiness for the development of existing and new radio uses or frequency space for which the radio use has been harmonised for other uses in accordance with international agreements to which Sweden has acceded or provisions adopted pursuant to the Treaty on the Functioning of the European Union; 5. it can be assumed that the radio use will not interfere with the frequency space needed for activities referred to in Section 3; 7  6. with reference to the fact that the applicant has previously had an authorisation withdrawn or in the light of any other similar relationship, there is no reasonable reason to assume that the radio use will take place in breach of the terms of the authorisation; and 7. it can be assumed that the radio use will not harm Sweden's security. An authorisation to use radio transmitters for broadcasts requiring authorisation under another act or regulations issued by virtue of another act may be granted only if such authorisation exists. In this case, subparagraph 7 of the first paragraph shall not apply. If an authorisation concerns a particular radio transmitter, the radio transmitter, together with the intended radio receiver, shall have such technical characteristics as to meet reasonable requirements for the efficient use of frequencies and for the ability to operate in the environment for which it is intended. Section 7 Notwithstanding Section 6, first paragraph, subparagraph 4, the regulatory authority may grant authorisation for radio use in a harmonised frequency space other than that following from the harmonised conditions, if: 1. there is a lack of demand for the use of the frequency space in the harmonised conditions; and 2. the radio use does not prevent or impede the use of the frequency space under the harmonised conditions of any other Member State of the European Union. The examination shall take into particular account whether the radio use may affect the harmonised use of the frequency space in the Union in the long term or the availability of radio equipment that can be used in the frequency space. Section 8 If the regulatory authority considers that the authorisation procedure in a given frequency space should be carried out following a procedure including an open call for applications, the authority may reject an application for authorisation in the frequency space that has been made outside such a procedure. Section 9 The regulatory authority may decide that the number of authorisations granted within a frequency space shall be limited, if necessary to ensure the efficient use of radio frequencies. A decision to limit the number of authorisations shall be reviewed as soon as there is reason to do so. Section 10 When the number of authorisations has been limited in accordance with Section 9, the authorisation procedure shall be carried out following an open call for applications, unless there are special reasons for doing so or if the radio use: 1. refers mainly to the broadcasting to the public of programmes referred to in Chapter 1, Section 2, of the Fundamental Law on Freedom of Expression; 2. is intended for private use, or 3. is necessary for activities carried out for the purposes of public policy, 8 public security or public health.  The Government or the authority designated by the Government may issue regulations on which radio use is covered by the exemption in subparagraph 3 of the first paragraph. Section 11 The authorisation procedure following an open call for applications under Section 10 shall be carried out following a comparative selection procedure, following a tendering procedure where the price the applicant is willing to pay for the authorisation shall be decisive, or following a combination of these procedures. The procedure shall be designed in such a way as to promote competition and, in addition, may aim only at: 1. promoting coverage and expansion; 2. ensuring the quality of services, 3. achieving efficient use of radio frequencies; or 4. promoting innovation and business development. The open call for applications shall specify the procedure to be followed, the conditions for participation in the procedure and the conditions to which the authorisation will be subject. Conditions Section 12 Authorisation to use radio transmitters may be subject to conditions on: 1. the frequency space to which the authorisation relates; 2. the electronic communications services or types of electronic communications networks or technologies to which the authorisation relates; 3. coverage and expansion within the country; 4. the geographical area to which the authorisation relates; 5. an obligation on the applicant to share frequency space with others; 6. obligations arising from applicable international agreements in respect of the use of frequencies; 7. commitments made in connection with the granting of authorisation pursuant to Sections 10 and 11; 8. technical requirements and other aspects necessary to ensure effective and efficient use of frequencies; and 9. requirements that are important for Sweden's security. Subparagraph 9 of the first paragraph shall not apply to authorisations referred to in Section 6, second paragraph. Section 13 An authorisation to use radio transmitters in a frequency space for which radio use has been harmonised in accordance with international agreements to which Sweden has acceded or provisions adopted pursuant to the Treaty on the Functioning of the European Union shall be subject to the conditions laid down in that agreement or provisions. However, this does not apply if authorisation is granted for other uses as referred to in Section 7. The first paragraph shall also apply where the person to be allocated radio frequencies has been designated in accordance with such agreements or provisions. 9  Section 14 An authorisation to use a particular radio transmitter may, in addition to the provisions of Sections 12 and 13, be subject to conditions on: 1. the other characteristics of the antenna and the radio transmitter; 2. the geographical area in which a mobile radio transmitter may be used; 3. the location of the antenna of a fixed radio transmitter; and 4. competence requirements for the operator of the radio equipment. Section 15 Conditions that involve a restriction in the electronic communications services or technologies that may be used may be decided only if necessary in order to: 1. avoid harmful interference; 2. ensure efficient use of frequencies; 3. protect human life or health; 4. serve the public interest that certain electronic communications services are available in certain parts of the country; or 5. serve the public interest in promoting the provision of radio and television services for which authorisation has been granted under other laws. Conditions, under which only a particular electronic communications service may be provided, may be decided only if this is necessary to ensure activities that are carried out in order to protect human life or health or if there are otherwise exceptional reasons for doing so in the public interest. Section 16 An authorisation to use radio transmitters may be subject to the provision that an operator with the right to use the authorisation may be required to provide access to infrastructure for the provision of mobile electronic communications services under Chapter 5, Section 33. Authorisation period Section 17 An authorisation shall be granted for a fixed period. The period of validity for authorisation conditions may be shorter than the duration of the authorisation. When determining the period of validity of authorisations and authorisation conditions, the regulatory authority shall take into particular account: 1. future changes in radio use; 2. the time for which the transmitter is intended to be used; 3. the expected technological developments; 4. the time required to achieve a reasonable economic replacement of the equipment; and 5. an authorisation which, pursuant to Section 6, second paragraph, is a prerequisite for authorisation to use radio transmitters. Section 18 An authorisation to use radio transmitters in a harmonised frequency space intended for wireless broadband services may only be granted for a period of less than 15 years, if the authorisation is granted for: 10 1. testing, trial or experimental purposes;  2. shared use of radio frequencies; or 3. other uses referred to in Section 7. Extension of authorisation period Section 19 An authorisation to use a particular radio transmitter shall be prolonged at the end of its validity by the same period for which the authorisation had been granted, or had last been prolonged by, but not exceeding five years, if the conditions laid down in Section 6 for the granting of authorisation are met. An extension shall take place for a shorter period than the period specified in the first paragraph or under amended conditions, if the conditions laid down in Section 6 for the granting of authorisation can thereby be met. Such a shorter extension period shall also be decided if the holder of the authorisation so requests. The period of validity shall not be prolonged if: 1. the period of validity of the authorisation does not exceed six months; 2. the authorisation has been granted for other uses referred to in Section 7, or 3. the holder of the authorisation so requests. Section 20 The period of validity of an authorisation to use radio transmitters within a given frequency space may only be prolonged, if it is necessary to facilitate a coordinated authorisation within one or more frequency spaces. In such a case, an extension may be made for a shorter period, so that the authorisation expires at the same time as another authorisation. Section 21 Notwithstanding Sections 19 and 20, authorisation to use radio transmitters in a harmonised frequency space intended for wireless broadband services, which has been granted for less than 20 years, shall be prolonged by a reasonable period of time, but for such a period that the total authorisation period shall be at least 20 years. Extension shall take place only if the holder of the authorisation requests this no later than two years before the expiry date. The period of validity shall not be prolonged if: 1. the holder of the authorisation has not complied with the conditions of the authorisation; 2. the authorisation by virtue of Section 18 has been granted for a period of less than 15 years, or 3. an extension is not justified taking into account the interest in: a) ensuring the efficient use of radio frequencies; b) promoting the coverage and expansion of domestic wireless broadband services; c) promoting the development of technology; d) preventing distortions of competition; or e) protecting people's lives or serving public order, security or defence. 11  Amateur radio transmitters Section 22 The Government or the authority designated by the Government may transfer to natural or legal persons to organise tests and issue evidence that the required competence requirements for the use of amateur radio transmitters are met and to assign call signals for such use. A transfer decision may be revoked if the organiser or issuer organises tests, issues certificates or assigns call signs in breach of applicable regulations or otherwise proves unfit to perform the task. Measures against interference Section 23 If, as a result of the authorisation holder's use of a radio transmitter, unauthorised harmful interference occurs, the authorisation holder shall immediately ensure that the interference is stopped or reduced as far as possible. A business entity using a radio receiver that interferes with the use of another radio receiver has the corresponding obligation. Section 24 Electrical or electronic facilities that, without being radio installations, are intended to generate radio frequency energy for communication purposes in a line or for industrial, scientific, medical or other similar purposes may be used only in accordance with regulations issued by the Government or the authority designated by the Government. The Government may issue regulations prohibiting the possession of electrical or electronic installations that are not covered by the first paragraph and which, without being radio equipment, are intended to transmit radio waves. Transfer and lease of authorisations Section 25 An authorisation or part of authorisation to use radio transmitters may be transferred with the consent of the regulatory authority. Such consent shall be given if: 1. the acquirer satisfies the requirements imposed on the applicant at the time when the authorisation was granted; 2. there is no reason to believe that the transfer is prejudicial to competition; 3. the transfer does not lead to a change in the use of the radio frequencies, where the use is harmonised in accordance with provisions adopted by virtue of the Treaty on the Functioning of the European Union; 4. the acquirer has not previously had such authorisation withdrawn pursuant to Chapter 11, Section 7, second paragraph, subparagraph 3; 5. it can be assumed that the acquirer's radio use will not cause harm to Sweden's security, and the authorisation has been granted before 1 January 2020; and 6. there is no other particular reason against it. The first paragraph, 4 and 5, shall not apply to the transfer of authorisation referred to in Section 6, second paragraph. Section 26 A transfer contrary to Section 25 is ineffective. 12 Section 27 The acquirer assumes the rights and obligations of the assignor under this Act for the period after the regulatory authority has given its consent under Section 25. In the case of the transfer of part of an authorisation, the transferred part shall be considered as a new authorisation. When granting consent, the regulatory authority may decide on new or amended terms and conditions as required due to the transfer. Section 28 The provisions on the transfer of authorisation or part of authorisation in Section 25, first and second paragraphs, Section 26 and Section 27, first paragraph, shall also apply to the leasing of an authorisation or part of an authorisation to use radio transmitters. The Government or the authority designated by the Government may issue regulations providing for exemptions from the requirement for consent in the case of leases for a shorter period or which are otherwise of limited scope. Chapter 4 Right to use numbers Numbering plans Section 1 The Government or the authority designated by the Government may establish national numbering plans for electronic communications and issue regulations on the plans and their use. Section 2 A business entity carrying out activities to be notified under Chapter 2, Section 1 or providing electronic communications services in interconnection with a business entity carrying out such activities shall comply with established numbering plans. Authorisation to use numbers Section 3 Numbers from a national numbering plan may be used only with authorisation from the regulatory authority. An authorisation shall relate to series of numbers or individual numbers. The Government or the authority designated by the Government may issue regulations on the allocation of numbers. Section 4 A business entity authorised to use a series of numbers may not discriminate against other providers of electronic communications services with regard to the numbers giving access to services on the networks. Section 5 An authorisation to use numbers may be subject to conditions on: 1. the type of service for which the number is to be used; 2. real and efficient use of the number; 3. an appropriate period of validity, subject to any changes to the national numbering plan; 4. commitments made in connection with the granting of authorisation pursuant to Section 6; 13  5. obligations arising from applicable international agreements relating to the use of frequencies; and 6. obligations arising from consumer protection or other number-related provisions of other Member States relating to the use of numbers within the European Union. Numbers of significant economic value Section 6 The regulatory authority may grant permission to use numbers of significant economic value following an open call for applications. Such authorisation shall be granted after: 1. a comparative selection procedure; 2. a tendering procedure, where the applicant is willing to pay for the authorisation, shall be decisive; 3. a random award procedure; or 4. a combination of procedures under items 1–3. The open call for applications shall specify the procedure to be followed, the conditions for participation in the procedure and the conditions to which the authorisation will be subject. Transfer of authorisation Section 7 An authorisation or part of authorisation to use numbers may be transferred with the consent of the regulatory authority. Such consent shall be given if: 1. the acquirer satisfies the requirements imposed on the applicant at the time when the authorisation was granted; 2. there is no reason to believe that the transfer is prejudicial to competition; and 3. there is no other particular reason against it. The requirement for consent does not apply when, at the end user's request, a number from a national numbering plan is transferred to another provider in accordance with Chapter 7, Section 19. Section 8 A transfer contrary to Section 7 is ineffective. Section 9 The acquirer assumes the rights and obligations of the assignor under this Act for the period after consent. In the case of the transfer of part of an authorisation, the transferred part shall be considered as a new authorisation. When granting consent, the regulatory authority may decide on new or amended terms and conditions as required due to the transfer. Access to numbers and services Section 10 The provider of a public electronic communications network or a publicly available number-based interpersonal communications service shall ensure that end users are able to reach all numbers provided within the European Economic Area, if: 1. it is economically feasible; 2. it is not a number having a purely national purpose; and 14  3. the called end user has not chosen, for commercial reasons, to limit reachability from certain geographical areas. The Government or the authority designated by the Government may issue further regulations on the scope of the obligation under the first paragraph and regulations on exemptions from the obligation. Section 11 The Swedish Consumer Ombudsman may require the provider of a public electronic communications network or a publicly available electronic communications service to prevent users from accessing a number or service via a number the digit structure of which is not geographically relevant, where the marketing of the number or service is unfair or if material information is omitted in the course of marketing. The decision of the Swedish Consumer Ombudsman may be accompanied by an obligation on the provider to withhold payment for the number or service until the case has been finally settled. If the decision is upheld, funds that have been withheld shall be repaid to the user as soon as possible. No decision may be made without the business entity that has performed the marketing activities having been given the opportunity to comment. However, in cases of urgency, decisions may be issued immediately until otherwise determined. Chapter 5 Interconnection and other forms of access Interconnection and interoperability obligations Section 1 An operator of a public electronic communications network is obliged to negotiate on interconnection with a business entity providing or intending to provide publicly available electronic communications services other than number-independent interpersonal communications services. Section 2 A business entity that, in connection with a negotiation referred to in Section 1, receives or has access to information about the business or operating conditions of another undertaking may not pass on or exploit what it has received or has access to without authorisation. In the public sector, the Public Access to Information and Secrecy Act (2009:400) shall be applied instead. Section 3 The regulatory authority may require the controller of access to end users and who carries out activities to be notified under Chapter 2, Section 1, in return for appropriate remuneration, to: 1. interconnect or take any other measure necessary to ensure that end users are able to reach each other; or 2. make services interoperable with the services of other operators. Section 4 The regulatory authority may require the provider of a number-independent interpersonal communications service with a significant geographical coverage and a significant number of users to make their service interoperable with other services, if this is necessary to ensure that end users can reach each other. Such a decision may be 15  accompanied by an obligation to apply specific standards and to publish information which may be used by others. A decision referred to in the first paragraph may be notified only if the European Commission has adopted implementing measures specifying in more detail the obligations that may be imposed. Obligations on operators with significant market power Market analysis and identification of undertakings with significant power Section 5 The regulatory authority shall continuously identify which product and service markets have characteristics such as to justify imposing obligations in order to counteract competition concerns. During the determination, the geographical scope of the markets shall be defined. In doing so, the Authority shall take into account the degree of infrastructure competition in different areas and the extent to which broadband is deployed. The regulatory authority shall continuously analyse the markets that have been identified and, if it considers that it is justified to impose obligations on such a market, identify undertakings with significant market power on that market. The regulatory authority shall pay particular attention to: 1. European Commission Recommendation on Relevant Product and Service Markets; 2. the Commission's guidelines on market analysis and the assessment of significant market power; and 3. BEREC guidelines on common approaches to meet cross-border demand can be met; Section 6 For the purposes of Section 5, it may be considered justified to impose obligations on a market if: 1. there are large and persistent barriers to market entry; 2. the structure of the market is such that it does not evolve towards effective competition; and 3. the market failures cannot be addressed on the basis of general competition law. Section 7 An undertaking shall be considered to have significant market power on a defined market if it has, either individually or jointly with others, a position of economic power such as to enable it to behave to a significant extent independently of its competitors, its customers and ultimately of consumers. Imposition of obligations on operators with significant power Section 8 In order to create effective competition for the benefit of end users, the regulatory authority shall impose on an operator identified under Section 5, second paragraph, as having significant market power one or more obligations in accordance with Sections 12-21. The regulatory authority may impose on such an operator obligations concerning access other than those set out in this Chapter, where there are 16 exceptional reasons and the measure has been approved by the European Commission. Section 9 A decision under Sections 8 or 22 shall be accompanied by an obligation on the operator to notify the regulatory authority, in good time before the measure, of plans to decommission or replace network parts subject to the obligation. Where necessary to ensure competition and end user rights, the regulatory authority may require the operator to submit a detailed description of the plans with regard to transitional periods and conditions and the comparable access products offered instead. Section 10 In a call termination market, the regulatory authority may impose an obligation under Section 19 only if the European Commission has not set a Union-wide termination rate for the market. Section 11 The regulatory authority may impose obligations on an operator, which is a purely wholesale company, under Sections 12, 14 or 15 or obligations under Section 19 other than those relating to fair and equitable pricing, only if: 1. the authority has previously imposed obligations on the operator under Sections 13 or 16 or an obligation of fair and equitable pricing; and 2. additional obligations are required because the conditions offered by the operator present, or may give rise to, competition concerns to the detriment of end users. The operator shall promptly notify the regulatory authority of circumstances that may affect the assessment of whether the operator is a purely wholesale company. Obligations that may be imposed by virtue of Section 8 Section 12 An operator, which is an undertaking with significant market power, may be required to disclose in a reference offer or in another way specified information on: 1. accounting; 2. technical specifications; 3. network characteristics; 4. conditions of supply and use, including conditions restricting access to or use of certain services; 5. pricing; or 6. other conditions necessary for the transparency of interconnection and other forms of access. An order shall specify the information to be provided, the details of the information to be provided and the manner in which it is to be published. The operator may be required to amend information referred to in the first paragraph, if this is necessary to comply with an obligation decided under this Chapter. A decision under this paragraph may be subject to a penalty payment. Section 13 An operator, which is an undertaking with significant market power on a market, may be required to apply non-discriminatory 17  conditions in its activities. Such an obligation shall, in particular, ensure that: 1. the operator applies equivalent conditions to other providers of equivalent services in equivalent circumstances; and 2. the services and information offered by the operator to others are provided under the same conditions and quality as the operator's own services or those of subsidiaries or partners. Section 14 An operator, which is an undertaking with significant market power, may be required to keep separate accounts and report specified activities related to interconnection and other forms of access. Such an obligation may relate to the transparency of the operator's wholesale and internal sales prices or to provide a public authority with its accounts, including information on revenues from others. Section 15 An operator, which is an undertaking with significant market power, may be required to meet reasonable requests for access to, and use of, the infrastructure used to construct an electronic communications network. Such an obligation may also apply to infrastructure which is not part of the relevant market. Section 16 An operator, which is an undertaking with significant market power, may be required to meet reasonable requests for access to, and use of, networks and associated facilities for the purpose of providing electronic communications services. Such an obligation may relate to the operator: 1. granting another access to specified network elements and associated facilities; 2. granting another access to specified active or virtual network elements or services; 3. extending access already granted to associated facilities; 4. offering other operators specified resale services; 5. granting access to technical interfaces, protocols and other key technologies necessary for the interoperability of services; 6. providing co-location or other opportunities for sharing associated facilities; 7. providing specified services necessary to ensure the interoperability of services to end users; 8. offering access to operation support systems or similar software systems necessary to ensure fair competition in the provision of services; 9. offering access to such services that enable, support or may support the provision of services through electronic communications networks or electronic communications services; or 10. providing interconnection or otherwise taking measures to link networks or associated facilities. An order may be made subject to the conditions necessary to ensure normal operation of the network. Conditions relating to compliance with specific technical standards or specifications shall comply with the standards specified by the European Commission, in a list published in the Official Journal of the European Union, as mandatory. 18 Section 17 When applying Section 16, special consideration shall be given to: 1. the technical and economic viability of the use and installation of alternative network elements or associated facilities, taking into account market developments, the nature and type of interconnection and other forms of access; 2. the impact of expected technological developments on network design and management; 3. the need to ensure technological neutrality in order to promote the design and management of multiple networks; 4. the available capacity; 5. the risks that an initial investment poses to the owner of a network or associated facilities; 6. the need to safeguard competition in the long term; 7. the intellectual property rights concerned; and 8. the interest in cross-border services within the European Economic Area. The regulatory authority shall also consider whether competition and end user interests can be promoted instead by imposing only obligations under Section 15 or by obligations in related markets. Section 18 An obligation under Sections 15 or 16 shall be accompanied by an obligation to publish a reference offer as referred to in Section 12. The offer shall contain the information set out in the BEREC Guidelines on the minimum criteria for a reference offer and the additional information determined by the regulatory authority. A decision imposing an obligation to publish a reference offer may be subject to a penalty payment. Section 19 An operator, which is an undertaking with significant market power on a market, may be required to observe cost recovery or apply cost- oriented or other pricing for specified types of interconnection and other forms of access. This may be done if a market analysis, in accordance with the second paragraph of Section 5, shows that a lack of effective competition means that the operator can overcharge or use price pressure in a way that disadvantages the end users. An order, when decided or subsequently, may be accompanied by an obligation to apply a certain maximum or minimum price for interconnection and other forms of access covered by the obligation. The obligation may also relate to the operator applying a particular cost accounting method and making a description of the methodology available to the public. In which case, the main categories of costs and the rules for cost allocation shall be set out in the description. Section 20 A business entity that has been ordered to apply cost-oriented pricing pursuant to Paragraph 19 shall, if no obligation under the paragraph's second part has been imposed, demonstrate that the prices are fair and reasonable with regard to costs and may be required to adjust their prices. 19  Section 21 When applying Section 19, account shall be taken of the investment made by the operator. An obligation referred to in Section 19 shall be designed in such a way that the operator receives a reasonable return on the capital investment. When setting cost-oriented call termination rates, the criteria set out in Annex 3 to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, in its original wording, shall apply. Binding commitments Section 22 The regulatory authority shall decide, at the request of an operator that is an undertaking with significant market power, that a commitment by the operator to co-investment in the construction of a new optical fibre network up to the end user's premises or to a base station shall be binding in whole or in part, if: 1. an offer to other operators regarding co-investment has been published at least six months before the start of construction; 2. the offer fulfils the criteria set out in Annex 4 to Directive (EU) 2018/1972, in its original wording; 3. operators applying for access but not participating in the co- investment are given equivalent opportunities to reach end users as before the construction and the access is provided on fair and non-discriminatory terms while maintaining incentives for co-investment; and 4. at least one co-investment agreement has been concluded with another operator. Regarding other commitments by the operator to comply with conditions for access or other conditions affecting the competitive situation, the regulatory authority may decide that such a commitment shall be binding in whole or in part for a specified period. Section 23 A decision under Section 22, first paragraph, shall refer to a fixed period of at least seven years. For as long as the decision applies, the regulatory authority may impose additional obligations under Section 8 in respect of the network elements covered by the commitment, only if there are significant competition concerns that cannot be addressed in any other way. Functional separation Section 24 If there are exceptional reasons, the regulatory authority may require a vertically integrated operator, who has been required to grant access under Section 8, first paragraph, to organisationally separate the activities linked to the decision on the obligation. The separation shall take place in such a way that the activities are operated by an independent business unit and shall aim, in particular, at ensuring non-discrimination and transparency. Section 25 An obligation under Section 24 may be subject to conditions designed to ensure the independence of the separated activities in relation to the operator's own retail sales activities. The conditions may include 20 requirements that the operator's influence over the activities be restricted by organisational measures or that the activities are to be operated by a separate legal entity. The separated activities may also be subject to conditions that they shall fall under a management independent of the operator's other activities. Section 26 A decision under Section 24 may not be taken without a draft decision having been approved by the European Commission. Section 27 If an operator referred to in Section 24 intends, without being imposed an obligation under that section, to separate a significant part or all of its assets in the local loop in order to ensure non-discrimination and transparency, the operator shall inform the regulatory authority of its intention at least three months before implementation. The same shall apply to any changes to the plans. Once the process is completed, the operator shall inform the authority of the final result. Other access obligations Access to networks closest to end users Section 28 The regulatory authority may require an operator or a business entity that owns lines in a public electronic communications network controlled by the operator to grant access to the lines in a building or up to the first outlet or distribution point in return for reasonable remuneration. The obligation may include access to associated facilities. An obligation under the first paragraph may be imposed only following an application and if the construction of additional infrastructure is deemed physically unfeasible or unprofitable. The obligation may be subject to conditions on access as well as to conditions necessary to achieve non- discrimination and transparency. Section 29 If an order under Section 28 is not judged sufficient to address significant and lasting obstacles to the construction of additional infrastructure and the obstacles hinder effective competition for the benefit of end users, the order may also apply to network elements beyond the first outlet or distribution point. Where justified for technical or economic reasons, the order may also relate to active and virtual access. When assessing whether to impose such an obligation, particular consideration shall be given to whether the operator provides sustainable and similar access to a very high capacity network on fair, non- discriminatory and reasonable terms instead. The first paragraph shall not apply where an order would jeopardise the economic viability of the construction of small local networks. Section 30 An obligation under Section 29 may not be imposed on a purely wholesale company if it instead provides sustainable and similar access to a very high capacity network on fair, non-discriminatory and reasonable terms. However, such an obligation may be imposed if the network to which the obligation relates is publicly funded. 21  Access to physical infrastructure for the construction of broadband networks Section 31 A business entity owning or otherwise controlling physical electronic communications infrastructure in a building shall meet reasonable demands for access to the infrastructure for the construction of a high-capacity electronic communications network. Access shall be granted on fair and non-discriminatory terms. However, the obligation only applies if the construction of additional infrastructure is deemed physically unfeasible or unprofitable. The obligation does not apply where access on objective, transparent, proportionate and non-discriminatory terms has already been granted to a high capacity electronic communications network existing in the building and it cannot be considered that end users would benefit from access to the physical electronic communications infrastructure of the building. Co-location or other joint deployment Section 32 The regulatory authority, even in cases other than those referred to in Section 16, first paragraph, subparagraph 6, or Sections 28– 30, may require an operator to make available to another operator, who applies for it, co-location or other means of sharing property or otherwise, in return for fair remuneration, if it: 1. is of importance for the protection of the environment or for the achievement of spatial planning objectives; or 2. is necessary to protect public health or public safety. Such an obligation may include the operator, in return for reimbursement of costs incurred, carrying out the bracing or extension of a mast for electronic communications or other similar measures necessary for the provision to be made. The obligation shall not entail the replacement of an existing mast by a new one. Access to infrastructure for mobile services Section 33 If there are exceptional reasons, the regulatory authority may impose on an operator, with the right to use radio transmitters, an obligation to grant access to the infrastructure necessary for the provision of mobile electronic communications services in return for fair remuneration. The obligation may also relate to access to active infrastructure. The obligation may be imposed only if, at the time the authorisation was granted, the authorisation to use radio transmitters was subject to the condition that such an obligation could be imposed. Repeal and amendment of decisions Section 34 The regulatory authority shall repeal or amend obligations and conditions imposed pursuant to this Chapter where this is justified by the purpose of the decision. A decision to repeal obligations, which is taken following a market analysis pursuant to Section 5, second paragraph, may be subject to conditions for a transitional period. 22  The date of repeal or amendment of an obligation shall be determined taking into account the interests of the parties concerned. Damages Section 35 If an operator, which is an undertaking with significant market power on a market, intentionally or negligently takes a measure contrary to an obligation imposed pursuant to Section 8, the operator shall compensate for the damage resulting from the measure. The same applies to a business entity that, intentionally or negligently, does not take a measure necessary to comply with such an obligation. The right to such compensation shall be extinguished, if the action is not brought within ten years of the occurrence of the damage. Consultation prior to decision Stakeholder consultation Section 36 When the regulatory authority intends to take a decision under Sections 3 or 4, Section 5, second paragraph, Section 8, Section 22, first paragraph, or Sections 28, 29, 32, 33 or 34, the Authority shall draw up a proposal and give stakeholders reasonable time to comment on the proposal. The period shall be at least 30 days, unless there are special reasons against this. The same shall apply when deciding to determine a market in accordance with Section 5, first paragraph, which differs from the markets set out in the European Commission's Recommendation on relevant product and service markets. The first paragraph shall not apply where a dispute has been referred to examination under Chapter 11, Section 14. Section 37 The regulatory authority shall, in a case under Section 22, give stakeholders a reasonable time to comment on the commitment offered. The period shall be at least 30 days, unless there are special reasons against this. However, the parties need not be given the opportunity to comment, if it is clear that the commitment does not meet the relevant requirements. Consultations within the European Union Section 38 If a decision under Sections 3, 4, 5 or 8, Section 22, first paragraph, or Sections 28, 29 or 33 could affect trade between States within the European Economic Area, the regulatory authority shall submit a reasoned draft decision to the competent authorities of other States, BEREC and the European Commission. This also applies in the case of a decision under Section 34 to repeal or amend such decisions. The Commission shall also be informed if, in accordance with international agreements, the regulatory authority intends to impose, amend or withdraw an obligation decided pursuant to this Chapter. Section 39 A draft decision following a market analysis pursuant to Section 5, second paragraph, which will be submitted for consultation in accordance with Section 38, first paragraph, shall be drawn up and submitted within five years of the last decision concerning the market in 23  question or within the longer period of no more than one additional year previously approved by the European Commission. If a new recommendation referred to in Section 5, third paragraph, subparagraph 1, has been adopted and the recommendation concerns a market that has not previously been analysed, the regulatory authority shall instead draw up and submit the draft decision within three years of the publication of the recommendation. If a draft decision cannot be submitted within the time limit set out in the first or second paragraph, and the reason for this is that the market analysis pursuant to Section 5, second paragraph, has not been completed, the regulatory authority shall request assistance in completing it from BEREC. The proposal shall then be submitted within six months. Section 40 The regulatory authority may issue decisions in cases referred to in Section 38 not earlier than one month after the submission of the draft decision. However, a decision may be notified not earlier than two months after the expiry of the period referred to in the first paragraph if, within that period, the European Commission has informed the regulatory authority that it is considering not accepting a draft decision which: 1. means that a market to be determined in accordance with the first paragraph of Section 5 deviates from the Commission's recommendation on relevant product and service markets; or 2. refers to the identification of undertakings in accordance with Section 5, second paragraph. A decision may not be notified if the Commission decides, within the period referred to in the second paragraph, not to accept a proposal referred to therein. If the Commission's objections can be met by amending the proposal, the regulatory authority shall, within six months of the date of the Commission's decision, enter into a consultation on the new proposal pursuant to Section 36. Section 41 If a draft decision pursuant to Sections 3 or 4, Section 8, first paragraph, Section 22, first paragraph, or Sections 28, 29 or 33 has been submitted for consultation in accordance with Section 38, first paragraph, and the European Commission has indicated that it has objections to the proposed measures, the regulatory authority shall liaise with the Commission and BEREC in order to determine which measures are the most effective and appropriate. This also applies in the case of a decision under Section 34 to repeal or amend such decisions. In such cases, a decision may be notified no earlier than four months and no later than five months after the expiry of the period referred to in Section 40, first paragraph. If it is necessary to enable a renewed consultation procedure in accordance with Sections 36 and 38–40 to be carried out, a decision may also be notified thereafter. A decision may not be notified if, within four months of the expiry of the period laid down in Section 40, first paragraph, the Commission decides not to accept a draft decision pursuant to Section 22, first paragraph, Section 23 or Section 29. If the Commission's objections can be met by amending the proposal, the regulatory authority shall, within six 24 months of the date of the Commission's decision, enter into a consultation on the new proposal pursuant to Section 36. Section 42 In the case of cross-border markets identified by a decision of the European Commission, the regulatory authority shall consult the competent authorities of the countries concerned for decisions under Section 5, second paragraph, and Section 8. This also applies to decisions under Section 34 to repeal or amend such decisions. Temporary decision without consultation Section 43 The regulatory authority may issue a decision without consulting under Sections 36 or 38, if this is necessary to safeguard competition in a defined market or to protect the interests of users and the measure cannot be postponed. The decision shall be valid for a maximum period of six months. In such a case, the Authority shall without delay inform the competent authorities of the European Economic Area, the European Commission and BEREC of the decision and the reasons therefor. In the case of an extension of such a decision, the consultation obligation in Sections 36 and 38 shall apply. Access for installation of small-area wireless access points Section 44 An authority shall, on fair, reasonable and non- discriminatory terms, grant, on request, an operator access to the buildings, facilities and objects owned by the Authority and which are technically suitable for the installation of small-area wireless access points or necessary for the connection of such access points to a backbone network. The access provider shall seek the authorisations necessary for the realisation of access and which cannot be sought by the operator himself. The obligation to provide access shall not apply where access is not reasonable on account of: 1. the technical suitability of the building, installation or object for the intended purpose of access; 2. lack of space in or on the building, installation or object; 3. personal safety or public health; 4. the risk of damage to public security, total defence or other Swedish security; 5. the risk of interference with other services for which the building, plant or object is used; 6. the cultural value of the building, installation or object; or 7. other similar circumstances. The Government may issue regulations requiring certain authorities to be exempted from the obligation to grant access. Section 45 A request for access under Section 44 shall be in writing and contain a description and timetable of the measures to which the request relates. The authority that has received a request for access shall, within two months of receipt of a complete request, inform the operator in writing whether or not the request is granted. The notice shall contain the conditions of access or the reasons for refusing the request. 25  Section 46 For the purposes of Sections 44 and 45, an authority shall be treated as a contracting authority under the Public Procurement Act (2016:1145). Chapter 6 Universal services Section 1 If necessary to ensure access to universal services at an affordable price, the regulatory authority may impose an obligation on the business entity that is deemed appropriate to provide such services in order to meet any reasonable demand from end users for access to the services. 'Universal service' means an adequate Internet access service or a voice communications service at a fixed network termination point at a permanent residence or establishment. The regulatory authority may designate one or more undertakings to ensure such access in all or part of the country. An obligation shall not be unduly burdensome for a designated undertaking. Section 2 An Internet access service shall, in order to be adequate under Section 1, have the capacity to deliver a minimum data rate allowing functional access to the Internet. Section 3 A service within the meaning of Section 1 may not be provided under conditions which oblige the end user to pay for something that is not necessary for the service. Section 4 A business entity designated to provide a universal service pursuant to Section 1 that intends to dispose of a significant part or all of his assets in the local loop shall inform the regulatory authority of its intention in good time before the release. Chapter 7 Services to end users Pre-contractual information Section 1 Before a contract is concluded with a consumer, the provider of a publicly available electronic communications service shall provide information about the contract in a clear and intelligible manner and provide, free of charge, a concise and easily readable summary of the contract. If it is not technically possible to provide the summary prior to the conclusion of the contract, it shall be provided as soon as possible thereafter. The provider shall apply conditions under which the contract is only valid once the consumer has received the summary and has confirmed his willingness to conclude the contract. Provisions on information that a trader must provide to a consumer before a contract is concluded are also contained in Chapter 2, Section 2 of the Distance and Off-Premises Contracts Act (2005:59) and Section 22a of the Marketing Act (2008:486). 26  The Government or the authority designated by the Government may issue further regulations on the information requirement in the first paragraph. Section 2 The provisions of Section 1 shall not apply to transmission services used for the provision of machine-to-machine services. Section 3 The provisions of Section 1 of this Chapter, Chapter 2, Section 2 of the Distance and Off-Premises Contracts Act (2005:59) and Section 22a of the Marketing Act (2008:486) shall also apply when contracts are concluded with end users who are micro-enterprises, other small enterprises or non-profit organisations, unless the end user has expressly consented to the non-compliance. Section 4 A supplier referred to in Section 1 shall ensure that the information and summary form part of the contract, unless the parties have expressly agreed otherwise. Transparency and publication of information Section 5 The provider of an Internet access service or a publicly available interpersonal communications service shall publish clear, comprehensive and up-to-date information about the service. The Government or the authority designated by the Government may issue regulations on such information. Section 6 The regulatory authority may require the provider of an Internet access service or a publicly available interpersonal communications service to publish comprehensive, comparable, reliable, user-friendly and up-to-date information on the quality of the service and on the measures taken to ensure equal access for end users with disabilities. Information on the quality of service shall be made public to the extent that the provider exercises control over the network. The regulatory authority may also require the provider of a publicly available interpersonal communications service to inform consumers of the extent to which the quality of the service depends on external factors. Exemption for certain micro-enterprises Section 7 The provisions of Sections 1-6 do not apply to a provider that is a micro-enterprise, if the company provides only number-independent interpersonal communications services. The provider shall inform the end user thereof, prior to the conclusion of a contract. Commitment period Section 8 A contract between a consumer and the provider of a publicly available electronic communications service may not exceed 24 months. However, this does not apply in the case of number-independent interpersonal communications services or transmission services used for the provision of machine-to-machine services. 27  Section 9 The provisions of Section 8 do not prevent a consumer from being bound for longer than 24 months in the case of a contract relating to instalments for the construction of a physical connection to an electronic communications network. Such an agreement may not cover terminal equipment or contain conditions contrary to Sections 12–17. Section 10 The provisions of Sections 8 and 9 shall also apply to contracts concluded with end users that are micro-enterprises, other small enterprises or non-profit organisations, unless the end user has expressly consented to the non-compliance. Amendment and termination of contracts Section 11 Regarding transmission services used for the provision of machine-to-machine services, the term 'end user' in Sections 12 and 16 refers only to consumers, micro-enterprises and other small enterprises and non-profit organisations. Section 12 If the provider of a publicly available electronic communications service to an end user wishes to amend the contract, the end user shall be informed of the change in a clear and intelligible manner at least one month before it enters into force. The notification shall be made on a durable medium and shall contain information on the end user's right to terminate the contract. Within three months of notification, an end user who does not accept the new terms and conditions may terminate the contract at no additional cost. The first and second paragraphs do not apply to: 1. number-independent interpersonal communications services; or 2. if the amendment to the contract a) only benefits the end user; b) is of a purely administrative nature and has no negative impact on the end user; or c) is necessary for the contract to be compatible with Union or national law. Section 13 The provider of a publicly available electronic communications service may not, in a contract with a consumer, lay down conditions under which the period of notice for the consumer is longer than one month. In the case of fixed-term contracts, the conditions may not require the consumer to cancel the contract more than one month prior to the expiration thereof in order for the contract to terminate at that time. The first paragraph shall not apply to number-independent interpersonal communications services or transmission services used for the provision of machine-to-machine services. Section 14 In the case of a contract with a commitment period where the contract is automatically prolonged, the provider of an electronic communications service may not impose conditions under which an end user, after such an extension, is not entitled to terminate the contract at any time with a maximum of one month's notice, without any cost other than 28 fees for the use of the service during the period of notice.  The first paragraph shall not apply to number-independent interpersonal communications services or transmission services used for the provision of machine-to-machine services. The Government or the authority designated by the Government may issue regulations on the obligation of the provider to provide the end user with information prior to a contract extension and annual information on price conditions. Section 15 The provider of a publicly available electronic communications service, who has concluded a contract with a consumer for a subscription with a commitment period, in combination with the provision of terminal equipment, shall, at the request of the consumer, remove operator locks free of charge and without delay after the end of the commitment period. Immediately after the expiry of the commitment period, the provider shall clearly inform the consumer of his right under the first paragraph. Section 16 When an end user, by virtue of Union or national law, prematurely cancels or terminates a contract relating to a publicly available electronic communications service other than a number-independent interpersonal communications service, the provider may request compensation only for subsidised terminal equipment retained by the end user. In such a case, the compensation shall not exceed the lower of: 1. the pro rata temporis residual value of the equipment; and 2. the sum of the charges for the service for the remaining period of the contract. The provider shall remove operator locks free of charge at the latest when the compensation is paid. The Government or the authority designated by the Government may issue regulations on the calculation of the compensation. Penalties for fault Section 17 If the actual performance of an electronic communications service differs significantly from the performance specified in a contract with a consumer, the consumer may apply the penalties for fault set out in Section 16 of the Consumer Services Act (1985:716). In such a case, the provisions on complaints in Sections 17 and 18 of the same Act shall apply. The first paragraph shall not apply to Internet access services or number- independent interpersonal communications services. Change of provider and number portability Section 18 The provider of an Internet access service shall ensure that an end user is able to switch providers without interruption, to the extent that this is technically feasible. The receiving provider shall provide the service as soon as possible on the date and within the timeframe agreed with the end user. Interruptions in service during the change shall not exceed one working day. 29  Section 19 The provider of an electronic communications service shall ensure that an end user with a number from a national numbering plan can retain the number when changing provider. At the request of the end user, a number used for such a service shall be transferred to another provider who will provide the service. A number whose digit structure is geographically important needs to be transferred only for the provision of electronic communications services in the same geographical area (dialling code area). During change of provider, an end user shall have the right to retain his or her number for at least one month after the termination of the contract, unless the end user has expressly waived that right. The first paragraph shall not apply to the transfer of numbers between networks providing services to a fixed and a mobile network termination point respectively. 20 Section A number shall be transferred in accordance with Section 19 as soon as possible on the date agreed between the end user and the receiving provider. The receiving provider shall provide the service as soon as possible and at the latest within one working day from the date agreed with the end user. Interruptions in service during the change shall not exceed one working day. Once a number has been transferred, the receiving provider takes over the authorisation to use the transferred number as well as the rights and obligations attached to the number for the period after the transfer. Section 21 The Government or the authority designated by the Government may issue further regulations on the obligations under Sections 18-20 and provisions on exemptions from the obligations and may, in individual cases, decide on exemptions from the obligations, if there are special reasons. The Government or the authority designated by the Government may also issue regulations requiring the provider of an Internet access service together with an e-mail address to give end users the opportunity to access e-mail messages free of charge for a reasonable period of time after the contract has been terminated. Section 22 Reimbursement for transfer of a number in accordance with Section 19 may be based only on the operating cost of the handover. A business entity that has transferred a number is entitled to reimbursement only for the operating cost consisting of increased traffic costs for communication to the number. Such compensation may be charged only to the business entity with which the calling end user has concluded a contract for the provision of the service. The business entity that transfers a number is not entitled to compensation for the transfer from the end user. Section 23 A business entity that transfers a number pursuant to Section 19 shall immediately provide the person designated by the regulatory authority with the information necessary for the routing of 30 communications to the number. Data which may be directly or indirectly attributed to a natural person, other than data on numbers and on the provider of the publicly available electronic communications services concerned, shall not be provided without the consent of that person. The regulatory authority may designate a person to compile such data in a database and provide it to the provider of publicly available electronic communications services, to the extent that the provider needs the data for the routing of communications and to others as the authority may determine. The designated database operator shall, in relation to the provider of publicly available electronic communications services, apply conditions that are neutral in competition and may charge the remuneration that is reasonable in terms of costs. This Act shall apply mutatis mutandis to such database operations. Section 24 The provider of an electronic communications service shall compensate an end user for damages caused by delay: 1. in the case of a change of provider pursuant to Section 18; 2. with the transfer of a number pursuant to Sections 19 and 20; or 3. with the provision of a service where such a change or transfer has taken place. The same applies in the case of damage caused by failure to service or installation. The provider shall inform the end user, prior to the conclusion of a contract, of his right to compensation. Section 25 The provisions of Section 24, first paragraph, shall not apply if the provider of the service proves that the delay is due to an obstacle outside his control, which he could not reasonably have expected on the request for a change of provider or the transfer of a number or at the time of the change or transfer regarding delay in the provision of a service. In addition, the provider must demonstrate that the consequences of the obstacle could not reasonably have been avoided or overcome. If the delay is due to a person contracted by the supplier to complete the change, transfer or provision in whole or in part, the provider of the service shall be free from liability only if the person contracted would also be free under the first paragraph. The provisions of Section 24, first paragraph, shall also not apply to end users other than consumers if it follows from the contract between the provider and the end user that the end user is entitled to fair compensation due to the delay. The end user always has the right to compensation for damage caused by abuse in relation to the switching of provider or the transfer of numbers. Package offers Section 26 When a provider of an Internet access service or a publicly available number-based interpersonal communications service provides the service to a consumer together with other services or terminal equipment (a package), Sections 5, 8, 9, 12-14, 16 and 18 apply to all elements of the package. The obligation under Section 1 to provide a summary of the contract also applies in such a case to all parts of the package. 31  Where a consumer is entitled, under Union or national law, to cancel or terminate any part of the package prematurely on the grounds that it is not in conformity with the contract, or the supplier fails to deliver, that right shall cover all elements of the package. Section 27 A business entity providing a consumer with an Internet access service or a publicly available number-based interpersonal communications service and who enters into a contract for additional services or for terminal equipment with the consumer may impose conditions extending the original term of the contract to which such services or terminal equipment are added only if the consumer has expressly consented to it. Section 28 The provisions of Section 26, first paragraph, and Section 27 shall also apply in relation to end users who are micro-enterprises, other small enterprises or non-profit organisations, unless the end user has expressly consented to waiving the provisions. Cost control Section 29 The provider of an Internet access service or a publicly available number-based interpersonal communications service shall, free of charge, provide an end user with specified invoices relating to the use of the service, unless the end user has requested that the invoice be unspecified. Calls that are free of charge for the calling end user may not be entered on the invoice. Section 30 A business entity providing an Internet access service or a publicly available interpersonal communications service and billing for consumption in volume or time shall offer a consumer free of charge a function for monitoring and controlling the use of the respective service. The consumer shall be informed before a specified consumption limit is reached and when a service is exhausted. A consumer shall be informed, at the time of the conclusion of a contract, of his or her right under the first paragraph. The first and second paragraphs do not apply to a micro-enterprise providing only number-independent interpersonal communications services. Before concluding a contract, such a company shall inform the consumer that the paragraph does not apply. Section 31 The provider of a publicly available number-based interpersonal communications service shall, at the request of an end user, block, free of charge, certain numbers or types of outgoing calls or SMS messages that have a premium rate, at the request of an end user. When concluding a contract concerning the service, end users shall be informed of their right under the first paragraph and shall have the right to modify the bar free of charge for an ongoing contractual period. Section 32 The provider of a publicly available number-based 32 interpersonal communications service shall, free of charge, enable a consumer to have the service blocked when the cost of the service amounts to a certain amount specified by the consumer in advance. Where the claim against the consumer exceeds the specified amount, the service shall be interrupted free of charge, if the consumer does not request that the service be provided nevertheless. The interruption of the service shall not prevent the consumer from making emergency calls or other calls that are free of charge. When concluding a contract concerning the service, consumers shall be informed of their right under the first paragraph and shall have the right to modify the specified amount free of charge during an ongoing contractual period. Section 33 The Government or the authority designated by the Government may issue further provisions on the obligations under Sections 29-32 and regulations on exemptions from the obligations in Sections 29, 31 and 32. The Government or the authority designated by the Government may also issue regulations requiring the provider of an Internet access service or a publicly available number-based interpersonal communications service to: 1. offer consumers the opportunity to: a) pay in advance for the use of the service; and b) check, in a manner other than that referred to in Sections 29-32, their costs for the use of the service; and 2. enable end users to turn off third-party invoicing. Measures in case of non-payment Section 34 If an end user does not pay for the provision of an Internet access service or for a publicly available number-based interpersonal communications service, the provision of the service may be suspended only after the end user has been asked to pay within a reasonable period of time, with notification that otherwise the provision may be suspended. If the service is paid within the specified time limit, the provision may not be suspended. Where an end user has repeatedly paid late, the provision may be suspended immediately. However, the service provider shall, for a period of at least ten days from the suspension, provide the end user with functional access to the Internet and the possibility to make emergency and other free of charge calls. The provider shall immediately notify the end user of the suspension. Where a default or repeated late payment relates to a particular service, the suspension shall be limited to that service, if technically possible and the end user has neither: 1. previously received a request for payment; or 2. misled the provider. 33  Emergency communication Section 35 The provider of a public electronic communications network or a publicly available number-based interpersonal communications service shall: 1. contribute to the uninterrupted provision of emergency communications to the end user free of charge; and 2. provide location data free of charge to the recipient of emergency communications. The recipient of emergency communications who forwards such communication to another alarm centre shall ensure that the Public Safety Communications Centre to which the emergency communication is sent will also have access to location data. The Government or the authority designated by the Government may issue further regulations on the scope of the obligation under the first paragraph and regulations on exemptions from the obligation. Section 36 The provider of a publicly available mobile number-based interpersonal communications service shall, in the event of an accident or other serious event in society, contribute free of charge to the communication of messages of public importance intended to protect people, property or the environment. The messages shall be communicated to terminal equipment that has been used within a specified geographical area affected by the accident or incident. The Government or the authority designated by the Government may issue regulations on exemptions from the obligation. End users with disabilities Section 37 The provider of a publicly available electronic communications service shall take into account the needs of end users with disabilities to: 1. access electronic communications services, including related contractual information, to the same extent as most end users; and 2. be able to benefit from a range of undertakings and services equivalent to that available to most end users. The first paragraph does not apply to a provider that is a micro- enterprise, if it provides only number-independent interpersonal communications services. The provider shall inform the end user thereof, prior to the conclusion of a contract. The Government or the authority designated by the Government may issue regulations on the requirements to be met in the provision of the service in accordance with the first paragraph. Subscriber information Section 38 The provider of a publicly available number-based interpersonal communications service shall, on fair, cost-oriented and non- discriminatory terms and conditions, meet any reasonable request to disclose to the provider or intending provider of directory enquiry services subscriber information that is not legally subject to confidentiality or professional secrecy. 34  The Government or the authority designated by the Government may issue regulations on the obligation to disclose subscriber information. Section 39 The regulatory authority may impose obligations on a person who controls access to end users and who carries out activities to be notified under Chapter 2, Section 1, in order for end users to have access to telephone subscription information services. Use of wireless local area networks Section 40 The provider of a public electronic communications network or a publicly available electronic communications service shall not restrict the ability of end users to connect terminal equipment to wireless local area networks or to offer access to such networks to other end users. Discriminatory requirements and conditions Section 41 The provider of an electronic communications network or electronic communications service may not impose requirements or general conditions which discriminate against end users on grounds of nationality or place of residence or place of establishment for access to, or use of, the network or service, unless objectively justified. Chapter 8 Security Security of networks and services Section 1 The provider of a public electronic communications network or a publicly available electronic communications service shall take appropriate and proportionate technical and organisational measures to adequately address risks that threaten the security of networks and services. The measures shall ensure a level of security of networks and services appropriate to the risks. Measures shall be taken in particular to prevent and minimise the impact of security incidents on users and on other networks and services. The Government or the authority designated by the Government may notify: 1. additional provisions on safety measures; and 2. provide for exemptions from the obligation to take such measures. Section 2 If there are special reasons, the regulatory authority may require the provider of a public electronic communications network or a publicly available electronic communications service, at its own expense, to have a security audit carried out of all or part of its activities by an independent qualified body and to report the results of the audit to the authority. Section 3 The provider of a public electronic communications network or a publicly available electronic communications service shall, without undue delay, report to the regulatory authority security incidents that have had a significant impact on networks and services. 35  The regulatory authority may, where it is in the public interest, require the provider of public electronic communications networks or publicly available electronic communications services to inform the public of security incidents. The Government or the authority designated by the Government may notify: 1. additional provisions on the reporting of security incidents; and 2. provisions on exemptions from the reporting obligation. Section 4 If there is a concrete and significant threat of a security incident occurring, the provider of a public electronic communications network or a publicly available electronic communications service shall inform the users who may be affected by the threat about the security or countermeasures they can take and, if appropriate, of the threat itself. The Government or the authority designated by the Government may issue further regulations on the obligation to provide information. Safeguards for the storage and other processing of traffic data, etc. for law enforcement purposes Section 5 A business entity that is obliged to store data pursuant to Chapter 9, Section 19, shall take the specific technical and organisational measures necessary to protect the stored data during processing. The Government or the authority designated by the Government may issue regulations on such protection measures. Protection of data in the provision of services Section 6 The provider of a publicly available electronic communications service shall take appropriate technical and organisational measures to ensure that data processed in connection with the provision of the service are protected. The provider of a public electronic communications network shall take the necessary measures to maintain equivalent protection in the network. The measures shall be appropriate for ensuring a level of security which, taking into account the technology available and the costs of implementing the measures, is suitable to the risk of a breach of privacy. The Government or the authority designated by the Government may issue further regulations on such protection measures. Section 7 If, in the case of the provision of a publicly available electronic communications service, there is a particular risk for inadequate protection of processed data, the service provider shall inform the subscribers concerned of the risk. If the provider of the service is not obliged under Section 6 to take the measures referred to therein, the subscribers shall be informed of how and at what approximate cost the risk can be eliminated. Section 8 The provider of a publicly available electronic communications service shall notify the supervisory authority of any breach of privacy without undue delay. Where an incident is likely to adversely affect the subscribers or users to which the data processed relate, 36 or where the regulatory authority so requests, they shall also be notified without undue delay. Section 9 The provider of a publicly available electronic communications service shall keep a record of privacy incidents on an ongoing basis. Chapter 9 Processing of traffic data and protection of privacy Processing of traffic data Section 1 The provider of a public electronic communications network or a publicly available electronic communications service shall erase or de-identify traffic data stored or otherwise processed when they are no longer necessary for the transmission of an electronic message. This is provided that the data relate to users who are natural persons or subscribers. The first paragraph does not apply to data stored for the purposes of processing as referred to in Sections 2, 15, 19 or 21, or where the data are necessary for such processing as is permitted under Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse. Section 2 Traffic data required for subscriber invoicing and the payment of interconnection charges may be processed until the claim is paid or time-barred and it is no longer legally possible to object to the invoicing or charge. The provider of a publicly available electronic communications service may, with the consent of the person to which the data relate, process the traffic data referred to in Section 1 in order to market electronic communications services or to provide other services where the data are needed. Processing may take place only to the extent, and for as long as is, necessary for the marketing or service. Consent may be withdrawn at any time. The provider of a publicly available electronic communications service shall inform the data subject of: 1. the type of traffic data processed; and 2. the duration of the processing of the data for the purposes referred to in the first and second paragraphs. For the purposes referred to in the second paragraph, the information referred to in the third paragraph shall be provided before consent is obtained. Section 3 Processing of traffic data in accordance with Sections 1 and 2 may be carried out only by a business entity that has been mandated by a provider of a public electronic communications network or a publicly 37  available electronic communications service to manage billing, traffic management, customer requests, marketing of electronic communications services or provision of other services where the data are needed. Processing shall be limited to what is necessary for the activity. Section 4 The restrictions on the processing of traffic data that follow from Sections 1-3 do not apply: 1. when an administrative authority or a court needs access to the information referred to in Section 1 in order to resolve disputes; 2. for electronic communications covered by an order pursuant to Chapter 27, Section 16 of the Code of Judicial Procedure to preserve certain stored data; 3. for electronic messages covered by decisions on the clandestine interception of electronic communications or the clandestine monitoring of electronic communications, technical assistance with such interception or monitoring, the collection of data pursuant to the Act (2012:278) on Collecting Information about Electronic Communications in the Law Enforcement Agencies' Intelligence Activities; or 4. to the extent that information referred to in Section 1 is necessary to prevent or disclose unauthorised use of an electronic communications network or service. Section 5 The Government or the authority designated by the Government may issue regulations on which data may be processed pursuant to Section 2, first and second paragraphs. Section 6 The Government or the authority designated by the Government may, with regard to the processing of data for electronic communications, issue regulations on the requirements to be imposed on a voice communication service that allows: 1. identification of the calling or connected telephone number; or 2. forwarding. Location data other than traffic data Section 7 Localisation data other than traffic data relating to users who are natural persons or subscribers may be processed only after they have been de-identified or the user or subscriber has given his or her consent to the processing. Processing may take place only to the extent and for the period necessary for the provision of a service where the data are needed. Before consent is given, the service provider shall inform on: 1. the type of data that will be processed; 2. the purpose and duration of the processing; and 3. whether the data will be forwarded. Consent may be withdrawn at any time. Section 8 A user or subscriber, despite the consent given, shall be able to object, in a simple and free manner in individual cases, to the processing of data referred to in Section 7, which takes place during the connection or transmission of an electronic message. 38 Section 9 Only an entity acting on behalf of a business entity providing a public electronic communications network or a publicly available electronic communications service, or a business entity providing the service where the data is needed, may process data under Section 7. Section 10 Localisation data covered by a decision to collect data pursuant to Chapter 27 of the Code of Judicial Procedure or the Act (2012:278) on Collecting Information about Electronic Communications in the Law Enforcement Agencies' Intelligence Activities may be processed notwithstanding Section 79. Notices of importance to the public Section 11 A business entity that, pursuant to Chapter 7, Section 36, shall assist in the conveyance of messages of importance to the public may process traffic data, location data other than traffic data and subscription data for this purpose. The data may be processed only to the extent and for such time as is necessary for the purpose. They shall then be destroyed immediately. The provisions of Sections 1-3 and 7-9 shall not apply to such processing. The Government or the authority designated by the Government may issue regulations on how long the data may be processed before it is deleted in accordance with the first paragraph. Unspecified invoices Section 12 The provider of a publicly available electronic communications service shall provide unspecified invoices to a subscriber who so requests. Calling-line identification Section 13 Calling-line identification providers shall offer: 1. the calling subscriber or user the option to prevent calling-line identification in a simple way and free of charge for each call; 2. the called subscriber the option to prevent the calling-line identification of incoming calls in a simple way and free of charge for the reasonable use of the function; and 3. the called subscriber the option, if the number appears before the call is established, to reject incoming calls in a simple way, if protection against the calling-line identification is used by the calling user or subscriber. Where calling-line identification during forwarding refers to the connected number, the called subscriber shall be offered the possibility to prevent the calling-line identification to the calling user in a simple way and free of charge. The first paragraph 1 shall also apply to calls made to another country. The first paragraph, subparagraphs 2 and 3, and the second paragraph shall also apply to incoming calls from another country. 39  Section 14 If calling-line identification or identification of an online number is offered, the provider of a publicly available electronic communications service shall inform the public thereof and of the possibilities provided for in the first and second paragraphs of Paragraph 13. Exceptions related to calling-line identification and location data Section 15 The provider of a public electronic communications network or a publicly available electronic communications service may: 1. At the request of a subscriber, temporarily override the protection against calling-line identification in order to be able to identify nuisance calls and to store data identifying the calling subscriber and keeping it available to the subscriber who has requested a temporary override; and 2. for the Police Authority, the Swedish Security Service or a regional alarm centre referred to in the Act (1981:1104) on Regional Emergency Service Centres: a) override protection against calling-line identification; and b) provide such an authority or organisation with location information in case of emergency calls. Automatic forwarding Section 16 The provider of a voice communication service shall, at the request of a subscriber, provide the possibility of stopping automatic forwarding to the subscriber by a third party, in a simple manner and free of charge. Directories Section 17 The provider of a publicly available directory or a directory from which data can be obtained by means of subscriber information shall, before the personal data of a subscriber who is a natural person are included in the directory, provide the subscriber free of charge with information on the purposes of the directory. If the directory is available in electronic form, the subscriber shall be informed of the available search facilities. Section 18 For the processing of personal data about a subscriber, who is a natural person, in a directory referred to in Section 17, the consent of the person is required. The subscriber shall be able to verify the data free of charge and, as soon as possible, to have: 1. incorrect information corrected; and 2. information removed from the directory. Storage and other processing of traffic data, etc. for law enforcement purposes Section 19 A business entity carrying out activities to be notified under Chapter 2, Section 1, shall store the data referred to in Section 31, first paragraph, subparagraphs 1 and 3, which are necessary to trace and identify the source of the communication, the destination of the 40 communication, the date, time and duration of the communication, the type of communication, the communication equipment and the location of mobile communication equipment at the beginning and end of the communication. The retention obligation covers data generated or processed in a: 1. telephony service or messaging at mobile network access point; or 2. Internet access. Even in the event of a failed call, the obligation to retain data generated or processed applies. For telephony services, the retention obligation does not apply to data on the number to which a call has been directed. A business entity that is required to retain data pursuant to this paragraph may instruct another entity to carry out the retention. Section 20 The supervisory authority may, in individual cases, decide on an exemption from the obligation under Section 19 to retain data, if there are exceptional reasons for doing so. The decision may be subject to conditions. The exemption decision may be withdrawn, if the terms of the decision have not been complied with or there are other specific reasons for withdrawal. Section 21 Information retained pursuant to Section 19 may be processed only for the purpose of disclosure in accordance with: 1. Section 33, first paragraph, subparagraph 2 or 5; 2. Chapter 27, Section 19 of the Code of Judicial Procedure; or 3. the Act (2012:278) on Collecting Information about Electronic Communications in the Law Enforcement Agencies' Intelligence Activities. Section 22 Information referred to in Section 19 shall be stored as follows: – Data generated or processed in the context of telephony services and messaging at mobile network termination points shall be retained for six months. However, location data shall be retained for only two months. – Data generated or processed during Internet access shall be retained for ten months. However, if the data identifies the equipment where the communication is definitively separated from the business entity with the retention obligation to the individual subscriber, it shall be retained for only six months. The retention period is calculated from the day the communication was completed. Upon expiry of the retention period, the business entity with the retention obligation shall immediately erase the data. However, if a request for disclosure in cases referred to in Section 21 has been received, or an order pursuant to Chapter 27, Section 16 of the Code of Judicial Procedure to preserve certain retained data has been issued before the end of the retention period, the business entity with the retention obligation shall continue to retain the data until they have been disclosed or the preservation period has expired. The data shall then be erased immediately. 41  Section 23 A business entity that is required to retain data pursuant to Section 19 is entitled to reimbursement of costs incurred when retained data is disclosed. The compensation shall be paid by the authority which requested the information. Section 24 A business entity that is required to retain data pursuant to Section 19 shall carry out its activities so that the information can be disclosed without delay and so that the execution of the disclosure is not disclosed. The data shall be made available in such a way as to allow easy access to the information. Section 25 If a business entity carrying out activities to be notified under Chapter 2, Section 1 has been ordered under Chapter 27, Section 16 of the Code of Judicial Procedure to preserve certain retained data, Chapter 8, Section 5 and Sections 23 and 24 of this Chapter shall apply mutatis mutandis to the information to be preserved. Section 26 The Government or the authority designated by the Government may, by virtue of Chapter 8, Section 7 of the Instrument of Government, issue detailed rules on: 1. the data to be retained in accordance with Section 19; 2. the retention period referred to in Section 22, first paragraph; and 3. the compensation provided for in Section 23. Prohibition of interception, etc. Section 27 In addition to the provisions of Sections 1-3 and 31, no person other than the user concerned may access or otherwise process data contained in an electronic message transmitted in a public electronic communications network or a publicly available electronic communications service, or traffic data associated with this message, unless one of the users has consented to the processing. This does not prevent: 1. storage which is automatic, intermediate and temporary, where it is necessary for the transmission of an electronic message, or such storage to the extent that it is necessary for the operation of an electronic communications network or an electronic communications service; 2. that others have access to the content of an electronic message, provided that the content is nevertheless publicly available, if access is provided only for the purpose of improving the efficiency of the further transmission to other recipients and of the identity of the person requesting the erasure of the information; or 3. that a person in a radio receiver intercepts or otherwise, by using such a receiver, has access to a radio-broadcast electronic message which is not intended for the latter or for the public. The first paragraph shall not apply where a provider of number- independent interpersonal communications services processes data in accordance with Regulation (EU) 2021/1232. 42 Section 28 Data may 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. Notwithstanding the lack of consent, storage or access is permitted which: 1. is necessary for the transmission of an electronic message via an electronic communications network; or 2. is necessary for the provision of a service at the express request of the user or subscriber. Clandestine interception and signals intelligence Section 29 An activity shall be conducted in such a way that decisions on the clandestine interception of electronic communications and clandestine monitoring of electronic communications can be enforced and so that enforcement is not disclosed, if the activity relates to the provision of: 1. a public electronic communications network which is not intended solely for the broadcast to the public of programmes referred to in Chapter 1, Section 2, of the Fundamental Law on Freedom of Expression; or 2. services within a public electronic communications network consisting of: a) a publicly available telephony service to a fixed network termination point allowing the transmission of local, national and international calls, faxes and data communications at a minimum data rate allowing functional access to the Internet; or b) a publicly available electronic communications service to a mobile network termination point. The content and details of intercepted or monitored messages shall be made available in such a way that the information can be easily handled. The Government or the authority designated by the Government may, by virtue of Chapter 8, Section 7 of the Instrument of Government, issue detailed rules on matters referred to in this Section and may, in individual cases, decide on exemptions from the requirement in the first paragraph. Section 30 In order for signals in electronic form under the Act (2008:717) on Signals Intelligence in Defence Intelligence Operations to be collected, operators who own cables where signals are transmitted across Sweden's border shall transmit the signals to cooperation points. Each such operator shall notify one or more cooperation points to the authority designated by the Government. The Government or the authority designated by the Government may issue regulations on cooperation points. All operators transferring signals across Sweden's border shall provide the authority designated by the Government with such information as they hold and which makes it easier to process the signals. All operators shall carry out the tasks referred to in the first and second paragraphs in a way that does not divulge their activities. 43  Professional secrecy Section 31 The provider of an electronic communications network or an electronic communications service which is not a number-independent interpersonal communications service shall not unauthorisedly pass on or make use of what has been made available to it in connection with that provision in the form of: 1. information about subscriptions; 2. the content of an electronic message; or 3. another information relating to a specific electronic message. The obligation of professional secrecy laid down in the first paragraph shall not apply in relation to any person who has taken part in the exchange of an electronic message or who has otherwise sent or received such a message. The obligation of professional secrecy laid down in points 1 and 3 of the first paragraph shall also not apply in relation to the holder of a subscription which has been used for an electronic message. Section 32 The obligation of professional secrecy following from Section 31, first paragraph, shall also apply to information relating to: 1. a measure to retain items under Chapter 27, Section 9 of the Code of Judicial Procedure; 2. a matter relating to the use of clandestine interception of electronic communications or clandestine monitoring of electronic communications pursuant to Chapter 27, Section 18 or 19 of the Code of Judicial Procedure, or which concerns technical assistance with the clandestine interception of electronic communications or with clandestine monitoring of electronic communications pursuant to Chapter 4, Section 25b of the Act (2000:562) on International Legal Assistance in Criminal Matters; 3. a matter relating to the collection of signals in electronic form pursuant to the Act (2008:717) on Signals Intelligence in Defence Intelligence Operations; 4. the collection of data under the Act (2012:278) Collecting Information about Electronic Communications in the Law Enforcement Agencies' Intelligence Activities; 5. a request pursuant to Section 33, first paragraph, subparagraph 2, for information on subscriptions to be provided; 6. an order pursuant to Chapter 27, Section 16 of the Code of Judicial Procedure to preserve certain retained data, or 7. a request pursuant to Section 33, first paragraph, subparagraph 5, for information on providers of electronic communications networks or electronic communications services to be provided. Section 33 The provider of an electronic communications network or an electronic communications service which is not a number-independent interpersonal communications service and which has received or has access to information referred to in Section 31, first paragraph, shall, upon request, provide: 1. information referred to in Section 31, first paragraph, subparagraph 1, to 44  a) an authority which, in a particular case, needs such a function for service under the Service of Process Act (2010:1932), if it considers that it can be assumed that the person sought for service is absconding or that there are otherwise exceptional reasons; b) the Financial Supervisory Authority, if the authority considers that the information is material to the investigation of a suspected infringement of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC; c) the Financial Supervisory Authority, if the authority considers that the information is of essential importance in a matter of supervision in relation to any of the provisions of Chapter 4a Sections 1-8 of the Payment Services Act (2010:751) or Chapter 1, Section 5 or Chapter 4, Sections 7, 8, 9, 10, 11 or 14 of the Mortgage Business Act (2016:1024); d) the Consumer Ombudsman, if the Ombudsman considers that the information is essential in a case concerning enforcement under the Act (1994:1512) on Contract Terms in Consumer Relations or the Marketing Act (2008:486), in the case of a suspected infringement of Union law protecting consumers' interests as set out in the Annex to Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004; e) the Swedish Consumer Agency, if the Agency considers that the information is of essential importance in a case concerning supervision under the Act (2019:59) with supplementary provisions to the EU Geo- blocking Regulation; f) the Swedish Enforcement Authority, if the authority needs the information in the course of enforcement activities and the authority considers that the information is of essential importance for the handling of a case; g) the Swedish Medical Products Agency, if the Agency considers that the information is essential in a case concerning supervision in relation to the provisions on marketing in Chapter 12 of the Medicinal Products Act (2015:315); h) the Police Authority, if the authority considers that the information is necessary in connection with notification, search or identification in the event of an accident or death or in order for the authority to fulfil a task referred to in Section 12 of the Police Act (1984:387); i) the Police Authority or a public prosecutor's office, if the authority considers that the information is necessary in a specific case for the authority to fulfil an obligation to notify under Section 33 of the Act (1964:167) with Special Provisions for Young Offenders; and j) the Swedish Tax Agency, if it considers that the information is of essential importance for the handling of a case concerning the control of taxes or fees or the correct place of registration under the Population Registration Act (1991:481); 2. information referred to in Section 31, first paragraph, subparagraph 1, which relates to suspected crime to a public prosecutor's office, the Police 45  Authority, the Swedish Security Service or any other authority which is to intervene in respect of the offence; 3. information referred to in Section 31, first paragraph, subparagraph 1 or 3, to a regional emergency call centre referred to in Act (1981:1104) on Regional Emergency Service Centres; 4. information referred to in Section 31, first paragraph, subparagraph 1 or 3, and information on the geographical area in which a particular electronic communications equipment exists or has existed to the Police Authority, if the authority considers that the information is necessary in connection with the search for persons who have disappeared under such circumstances that it can be assumed that there was or still is a danger to their life or serious risk to their health; and 5. information referred to in Section 31, first paragraph, subparagraph 3, of which other providers of electronic communications networks or electronic communications services who have participated in the transmission of a message covered by an order pursuant to Chapter 27, Section 16 of the Code of Judicial Procedure to retain certain retained information to the authority that issued the order. Compensation for the disclosure of information referred to in the first paragraph, subparagraph 3, other than location data, shall be reasonable with regard to the costs of disclosure. Section 34 Any person who, in a case other than those referred to in Section 31, first paragraph, and Section 32, has intercepted in a radio receiver or otherwise, by using such a receiver, has access to such a radio- broadcast message in an electronic communications network which is not intended for him or the public, shall not be allowed to forward on without authorisation. Section 35 In the public sector, the Public Access to Information and Secrecy Act (2009:400) shall apply instead of Sections 31-34. Chapter 10 Obligation to provide information Section 1 Any person carrying out activities covered by this Act shall, at the request of the regulatory authority, supply the information or documents needed by the authority for: 1. procedures for, or assessment of, requests for authorisation or consent under Chapter 3, Sections 1, 25 and 28 and Chapter 4, Sections 3 and 7; 2. such publication of comparative quality and price overviews of services that are beneficial for consumers; 3. clearly defined statistical purposes, reports and studies; 4. market analysis pursuant to Chapter 5, Section 5, including information on downstream markets or retail markets related to or linked to analysed markets; 5. decisions on obligations under Chapter 5, 6. to ensure the efficient use and management of radio frequencies and numbers; 7. to evaluate the development of networks and services that may affect: a) wholesale services made available to competitors; 46  b) coverage and expansion within the country; c) connectivity options of end users; or d) the identification, through geographical surveys, of areas that are lagging behind in terms of broadband deployment; or 8. implementation of geographical surveys of broadband deployment. Where the information that may be provided pursuant to the first paragraph, point 7 or 8, is not sufficient, the regulatory authority shall have the right to obtain, upon request, information or documents referred to in these points from other undertakings operating in the electronic communications sector or in closely related sectors. Information referred to in points 2 to 8 of the first paragraph may not be requested before market entry or as a condition for such entry. Section 2 An operator that, as defined in Chapter 5, Section 7, has significant market power on a wholesale market shall, upon request, provide the regulatory authority with accounting information on the retail markets associated with that market. Section 3 Any person carrying out activities covered by this Act shall, at the request of the regulatory authority, provide the information or documents necessary for the authority to provide information to BEREC and the Agency for Support for BEREC, in accordance with Article 40 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009. Section 4 Any person carrying out activities covered by this Act shall, at the request of BEREC, supply the information or documents necessary for BEREC to verify compliance with its opinions. Section 5 Information to be made public under this Act or under the obligations, conditions or regulations issued pursuant to the Act shall be provided to the supervisory authority on request before the information is published. Section 6 The regulatory authority may decide on an obligation to keep separate accounts for activities related to the provision of electronic communications networks or services to any person that: 1. carries out activities that must be notified pursuant to Chapter 2, Section 1, and 2. has a special or exclusive right to provide services other than those covered by this Act. 47  Chapter 11 Supervision and dispute resolution Field of supervision Section 1 The supervisory authority shall supervise compliance with this Act, the decisions on obligations, commitments or conditions issued by virtue of the Act and the regulations issued in connection with the Act. The supervisory authority shall also supervise compliance with acts adopted on the basis of: 1. Articles 40(5), 57(2), 75(1), 102(3), 109(8) or 116 of Directive (EU) 2018/1972; or 2. Article 4(5) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). Access to spaces Section 2 The supervisory authority has the right, for the purposes of supervision, to have access to areas, premises and other spaces, with the exception of dwellings, where activities covered by this Act are carried out. Information needed for supervision Section 3 The supervisory authority may order any person carrying out activities covered by this Act to provide it with the information or documents necessary for its supervision. Where the information that can be provided pursuant to the first paragraph is not sufficient, the regulatory authority may order other undertakings operating in the electronic communications sector or closely related sectors to provide such information or documents. An order under the first or second paragraphs may be subject to a penalty payment. Enforcement Section 4 The supervisory authority's decisions relating to measures necessary for supervision under this Chapter may be enforced by the Swedish Enforcement Authority. In this case, the provisions of the Enforcement Code on the enforcement of obligations that do not relate to an obligation to pay, eviction or removal apply. Enforcement measures Section 5 If the supervisory authority suspects that any person operating under this Act does not comply with the Act, or the decisions on obligations, commitments or conditions issued pursuant to the Act, or regulations issued pursuant to the Act, the authority shall inform the operator of the suspicion and give it the opportunity to comment within a reasonable time. The first paragraph shall also apply where the regulatory authority suspects that someone is not complying with an implementing measure 48 referred to in Section 1, second paragraph, or does not use a radio transmitter to the extent that the conditions permit. Section 6 In cases referred to in Section 5, the supervisory authority may issue any orders necessary for correction to take place immediately or in a reasonable time. If an order is not complied with, the supervisory authority, after the expiry of the period specified in the notification in accordance with Section 5, may: 1. withdraw authorisation, amend authorisation conditions or order any person that has breached an obligation to cease activities in whole or in part, unless the infringement is de minimis; or 2. issue the additional orders necessary for compliance with the Act or the decisions on obligations, commitments or conditions issued pursuant to the Act or regulations issued in connection with the Act. However, if a radio transmitter has been used to a lesser extent than the authorisation conditions allow, the authorisation may not be withdrawn if specific reasons militate against it or the purpose of the order can equally be met by amending the authorisation conditions. An order as referred to in the first paragraph may be subject to a penalty payment. Section 7 If the holder of the authorisation so requests, the authorisation shall be withdrawn. An authorisation may be withdrawn and authorisation conditions amended immediately, if: 1. the applicant for authorisation has supplied false information or omitted information relevant to the authorisation; or 2. the authorisation holder has not paid a fee in accordance with Chapter 14, Sections 1, 2 or 3 despite a reminder. In addition, an authorisation to use radio transmitters may be withdrawn and conditions may be amended immediately if: 1. an authorisation as referred to in Chapter 3, Section 6, second paragraph, has expired and there are no special reasons against withdrawal; 2. changes in radio technology or changes in radio use due to international agreements to which Sweden has acceded or rules adopted on the basis of the Treaty on the Functioning of the European Union prevent the granting of a new authorisation under the same conditions; 3. the radio use has caused harm to Sweden's security or it can be assumed that the radio use will cause such harm; or 4. the authorisation has been granted for other use of a harmonised frequency space as referred to in Chapter 3, Section 7, and there has since been a demand for the use of the frequency space under the harmonised conditions. Authorisation conditions may also be amended immediately in the cases referred to in Chapter 3, Section 27 and Chapter 4, Section 9. Section 8 An authorisation may be withdrawn pursuant to Section 7, first paragraph, subparagraph 1, or second paragraph only if the purpose of the withdrawal cannot be met as well by amending the authorisation conditions. 49  An authorisation to use radio transmitters may be withdrawn, or the conditions of the authorisation may be amended due to changes in radio technology, only if there are exceptional reasons taking into account the interest in an efficient use of radio frequencies. In doing so, account shall be taken, in particular, of the extent to which a reasonable economic replacement of the equipment has been achieved and of the effects of a withdrawal or modification of the terms of the authorisation on the activity of the authorisation holder. An authorisation referred to in Chapter 3, Section 6, second paragraph may not be withdrawn under Section 7, second paragraph, subparagraph 3 of this Chapter. Section 9 A frequency assignment for broadcasting may be amended, if this is necessary to enable new users to engage in broadcasting activities. Section 10 When authorisation to use radio transmitters has been leased pursuant to Chapter 3, Section 28, and there are grounds for withdrawing the authorisation under Sections 6 or 7 of this Chapter because of circumstances relating to the lessee, the withdrawal shall instead relate to the consent to the lease. Section 11 In the event of a breach of this Act, or of decisions on obligations, commitments or terms issued pursuant to the Act, or of the regulations issued pursuant thereto, the supervisory authority may, pending the final decision on the matter, immediately: 1. issue an order to comply immediately with the Act, or decisions on obligations, commitments or conditions issued pursuant to the Act, or regulations issued pursuant to the Act; 2. withdraw authorisation or amend the terms of the authorisation; or 3. order the cessation of an activity in whole or in part. A decision under the first paragraph shall be subject to the condition that the infringement constitutes a serious threat to public order, security or public health or is likely to cause serious financial or operational problems for providers or users of electronic communications networks or electronic communications services or other users of radio frequencies. An order as referred to in the first paragraph may be subject to a penalty payment. The period of validity of a decision referred to in the first paragraph shall not exceed three months. However, if no correction has been made, the period of validity may be prolonged for a further period of up to three months. Section 12 A withdrawal of authorisation or a change in authorisation conditions does not affect an obligation to pay compensation for authorisation granted under Chapter 3, Section 10 or Chapter 4, Section 6, unless otherwise determined in connection with the withdrawal or amendment of the terms. Enforcement measures under certain EU legal acts Section 13 The supervisory authority may issue orders necessary for the 50 fulfilment of the obligations set out in:  1. Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union and in implementing acts pursuant to that Regulation; and 2. Articles 3–5a of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open Internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012. The supervisory authority may order any person carrying out activities covered by this Act to provide it with the information or documents necessary to verify compliance with those acts. An order under the first or second paragraphs may be subject to a penalty payment. Settlement of disputes Section 14 If there is a dispute between providers of electronic communications networks or electronic communications services or associated services, or between such an operator and an undertaking benefiting from an obligation regarding interconnection or other forms of access or providing associated facilities, a Party may refer the dispute to the regulatory authority if: 1. the dispute relates to obligations arising from: a) this Act; b) decisions on obligations, commitments or conditions issued by virtue of the Act; c) regulations issued in connection with the Act; or d) acts referred to in Section 1, second paragraph, or Section 13, first paragraph, subparagraph 1; or 2. the dispute otherwise concerns conditions for interconnection or other forms of access. If an agreement on access pursuant to Chapter 5, Section 31 or 44 has not been reached within two months of receipt of the request, a party may refer the dispute to the supervisory authority for determination. Section 15 The supervisory authority may order a party to provide the authority with the information or documents necessary for a dispute under Section 14 to be examined. The order may be subject to a penalty payment. In the examination of an application for the imposition of a penalty payment, the appropriateness of the penalty payment shall also be examined. Section 16 If a party has referred a dispute pursuant to Section 14, the supervisory authority may decide not to settle the dispute if, in view of the issue raised by the dispute, it is more appropriate that it be decided by means of a measure within the framework for the general supervision. If the Authority has not taken such a supervisory measure within four months of a party's referral of the dispute, the Authority shall, at the request of either of the parties, examine the dispute. 51  Section 17 If, in view of the nature of the dispute, it is more appropriate, the supervisory authority may refer the dispute to mediation instead of examining it or taking a measure in the context of general supervision. In such a case, the Authority shall give the parties the opportunity to propose an appropriate person to act as mediator. If mediation has been conducted for four months, or has been suspended beforehand, without agreement between the parties, the authority shall, at the request of either of the parties, examine the dispute. The parties shall jointly and severally pay appropriate remuneration to the mediator for work and expenses. Section 18 If a dispute referred to the regulatory authority under Section 14 has also been referred to one or more regulatory authorities of another State of the European Union and the dispute affects trade between Member States of the Union, the regulatory authority shall inform BEREC of the dispute. Once the regulatory authority has made such a notification, the matter shall not be decided until BEREC has given its opinion. However, in urgent cases taking into account the interests of safeguarding competition or protecting the interests of end users, decisions may be issued until otherwise determined. The regulatory authority shall decide on the matter within one month of BEREC's opinion and shall take into account the content of the opinion in its decision. Chapter 12 Fines Section 1 The supervisory authority shall decide to impose a fine on any person that: 1. does not provide a summary of the contract in accordance with Chapter 7, Section 1, regulations issued by virtue of that paragraph or implementing acts issued by the European Commission pursuant to Article 102(3) of Directive (EU) 2018/1972, in its original wording; 2. does not apply conditions relating to a commitment period or period of notice in accordance with Chapter 7, Sections 8, 13 or 14; 3. does not meet the requirements for number portability in accordance with Chapter 7, Sections 19 and 20 or regulations on number portability issued by virtue of Chapter 7, Section 21, first paragraph; 4. does not take measures to address risks that threaten the security of networks and services in accordance with Chapter 8, Section 1, of regulations issued by virtue of that paragraph or implementing acts issued by the European Commission pursuant to Article 40(5) of Directive (EU) 2018/1972, in its original wording; 5. does not report security incidents in accordance with Chapter 8, Section 3, regulations issued by virtue of that paragraph or implementing acts issued by the European Commission pursuant to Article 40(5) of Directive (EU) 2018/1972, in its original wording; 6. does not provide information about security incidents threats in accordance with Chapter 8, Section 4, regulations issued by virtue of that paragraph or implementing acts issued by the European Commission 52 pursuant to Article 40(5) of Directive (EU) 2018/1972, in its original wording; 7. does not take protection measures in accordance with Chapter 8, Section 5 or regulations issued by virtue of that Section; 8. does not take measures to ensure the protection of data processed in connection with the provision of a service in accordance with Chapter 8, Section 6 or regulations issued by virtue of that paragraph; 9. does not inform the subscriber of specific risks of inadequate protection of processed data in accordance with Chapter 8, Section 7; 10. does not notify privacy incidents in accordance with Chapter 8, Section 8 or Commission Regulation (EU) No 611/2013 of 24 June 2013 laying down measures applicable to the notification of personal data breaches pursuant to Directive 2002/58/EC of the European Parliament and of the Council as regards privacy and electronic communications; 11. does not process data contained in an electronic message or traffic data associated with this message in accordance with Chapter 9, Section 27; 12. does not carry out its activities in such a way that decisions on the clandestine interception of electronic communications and clandestine monitoring of electronic communications can be enforced and so that enforcement is not disclosed in accordance with the first paragraph of Chapter 9, Section 29 or regulations issued in connection with that paragraph; 13. does not make available the content and details of intercepted or monitored messages so that the information can be easily processed in accordance with Chapter 9, Section 29, second paragraph, or regulations issued in connection with that paragraph; 14. does not transmit signals to cooperation points in accordance with Chapter 9, Section 30, or regulations issued by virtue of that paragraph, or 15. does not disclose information in accordance with Chapter 9, Section 33. In the case of a package within the meaning of Chapter 7, Section 26, a fine under point 2 of the first paragraph shall be levied only if the infringement relates to a publicly available electronic communications service which is not a number-independent interpersonal communications service or a transmission service used for the provision of machine-to- machine services. Section 2 A fine shall be set at a minimum of SEK 5,000 and a maximum of SEK 10,000,000. In determining the size of the fee, particular account shall be taken of: 1. the damage or risk of damage resulting from the infringement; 2. whether the operator has previously committed an infringement; and 3. the costs avoided by the operator as a result of the infringement; The supervisory authority may refrain from levying a fine in whole or in part, if the infringement is minor or excusable or if it would otherwise be unreasonable in the circumstances to levy the fine. Section 3 A fine may not be imposed if the infringement is covered by an order that has been made subject to a penalty payment and the 53  infringement is the basis of an application for imposition of the penalty payment. Section 4 A fine may be imposed only if the person on which the fine will be levied has been given the opportunity to comment within two years of the infringement. A decision imposing a fine shall be notified. Section 5 A fine shall be paid to the supervisory authority within 30 days of the date on which the decision to levy the fine became final or within the longer period specified in the decision. If the fine is not paid in time, the authority shall handover the unpaid fee for recovery in accordance with the Act (1993:891) on recovery of State debts, etc. During recovery, enforcement may take place in accordance with the Enforcement Code. A fine reverts to the State. Section 6 A fine imposed shall lapse to the extent that the decision on the fee has not been executed within five years of the date on which the decision became final. Section 7 If a business entity has been ordered to pay a fine pursuant to Chapter 3, Section 5 of the Competition Act (2008:579), or sentenced to pay a penalty pursuant to Chapter 6, Section 2, of the same Act, a penalty payment under this Act may not be imposed for the same proceedings. Chapter 13 Penalties Section 1 A fine or imprisonment of up to six months shall be the penalty for anyone who intentionally or negligently: 1. uses radio transmitters without authorisation, if such authorisation is required by this Act, or uses radio transmitters in breach of an authorisation condition; or 2. contravenes a regulation issued by virtue of Chapter 3, Section 24, second paragraph. Section 2 A business entity that, intentionally or negligently, contravenes the obligation of professional secrecy laid down in Chapter 9, Section 34, shall, unless it concerns minor cases, shall be fined. A business entity that, intentionally or negligently, stores or retrieves data in breach of Chapter 9, Section 28, shall be fined, if the offence is not punishable by a penalty under the Penal Code. However, in the case of minor cases, the offence does not constitute a criminal offence. Provisions on liability of business entities that contravene the obligation of professional secrecy laid down in Chapter 5, Section 2 or Chapter 9, Section 31 or 32, are laid down in the Penal Code. Section 3 Radio transmitters or electrical or electronic facilities which have been the subject of a criminal offence under Section 1 may be 54 declared confiscated. In which case, the provisions of Chapter 36 of the Penal Code shall apply. Section 4 The penalty pursuant to Section 1 may not be imposed for an act that is covered by an order that has been made subject to a penalty payment, if an application for imposition of a fine has been made. Chapter 14 Fees Section 1 The regulatory authority or supervisory authority may levy a processing fee on a business entity that: 1. notifies activities under Chapter 2, Section 1, or 2. applies for authorisation or consent under Chapter 3, Sections 1, 25 or 28 or Chapter 4, Sections 3 or 7. The processing fee shall correspond to the costs incurred by the authority in handling the case. Section 2 The regulatory authority or supervisory authority shall levy an annual fee on a business entity that: 1. carries out activities which are notified in accordance with Chapter 2, Section 1, or 2. has authorisation under Chapter 3, Section 1 or Chapter 4, Section 3. The annual fees shall, in total, correspond to the costs incurred by the authorities, in addition to Section 1, for their activities under this Act. The fees shall be allocated by a fair share on each of the business entities engaged in a notified activity or having authorisation. Section 3 A business entity carrying out activities that are notified under Chapter 2, Section 1 shall pay a fee for financing measures against serious peacetime threats and pressures relating to electronic communications. The fees shall be allocated by a fair share to each of the entities operating the notified activity. Chapter 15 Appeals and proceedings in court Appeals Section 1 An authority's decision under this Act or under regulations issued in connection with the Act may be appealed to a civil Administrative Court. When an appeal is brought against a decision, the authority is the respondent in court. Leave to appeal is required, when appealing to the Administrative Court of Appeal. The Administrative Court of Appeal's decision may not be appealed against. Section 2 A decision under this Act may be appealed against by a party in the case, if the decision has adversely affected the party, and by someone else whose rights are adversely affected by the decision. 55  The Swedish Security Service and the Swedish Armed Forces may appeal against a decision concerning: 1. the granting of an authorisation to use radio transmitters or the consent to transfer or lease such authorisation; 2. that an authorisation to use radio transmitters is subject to conditions; or 3. withdrawal of an authorisation to use radio transmitters or modification of the terms of such authorisation. Section 3 A decision under Chapter 5, Section 5, second paragraph, concerning the identification of undertakings with significant market power may be appealed only in connection with an appeal against a decision to impose, revoke or amend an obligation referred to in Chapter 5, Section 8. A decision pursuant to Chapter 3, Section 9 to limit the number of authorisations and a decision under Chapter 3, Section 10 or Chapter 4, Section 6 to issue a public call for applications may be appealed only in connection with an appeal against a decision concerning authorisation to use radio transmitters or numbers. Section 4 A decision on notification under Chapter 11, Section 5, a decision on an injunction under Chapter 11, Section 15, and a decision not to examine a dispute for decision pursuant to Chapter 11, Section 16, first paragraph, may not be appealed against. Section 5 A decision under this Act or under regulations issued in connection with the Act shall apply immediately, unless otherwise decided. Proceedings in court Expedited procedure Section 6 A case in the Administrative Court and Administrative Court of Appeal shall be dealt with under an expedited procedure if it concerns the examination of: 1. a decision pursuant to Chapter 5, Section 5, second paragraph, on the identification of undertakings with significant market power; 2. a decision pursuant to Chapter 5, Section 8 or 24, on the imposition of obligations; 3. a decision in a supervisory matter pursuant to Chapter 11, Section 6, on supervision intended to verify compliance with a decision referred to in paragraph 2, or 4. a decision on the examination of a dispute under Chapter 11, Section 14, if the dispute is based on a decision referred to in paragraph 2. Section 7 In a case referred to in Section 6, a party to the Administrative Court may rely on a new fact or evidence after four months have elapsed from the expiry of the period for appeal to the Administrative Court, only if the party can show it is likely that the party could not have been able to cite the fact or evidence earlier or had otherwise had a valid excuse not to 56 do so.  In a case referred to in Section 6, a new fact or evidence may only be relied on in the Administrative Court of Appeal for exceptional reasons. Composition of the courts Section 8 When examining cases referred to in Section 6, the Administrative Court shall consist of two members learned in the law and two financial experts. However, this does not apply if subject to Section 18 of the General Administrative Courts Act (1971:289). However, if one of the financial experts is prevented from attending after the proceedings have been commenced, the court will nevertheless be held to be competent. Section 9 When examining cases referred to in Section 6, the Administrative Court shall consist of two members learned in the law and two financial experts. If one of the members learned in the law or one of the financial experts is prevented from attending proceedings after the proceedings have been initiated, the court will nevertheless be held to be competent. The Administrative Court of Appeal is competent without financial experts in cases referred to in Section 12, fourth paragraph, of the General Administrative Courts Act (1971:289) and when examining cases of a simple nature. In other respects, also in cases referred to in the first paragraph, Section 12, paragraphs 7-10, of the General Administrative Courts Act applies to the composition of the Administrative Courts of Appeal. However, when dealing with questions relating to leave to appeal and issues dealt with at the same time as these, a financial expert shall also be part of the court, unless the case is simple. Section 10 The Government or the authority designated by the Government shall appoint, for a certain period of time, those who are to serve as financial experts in accordance with Sections 8 and 9. If, while a financial expert participates in the processing of a case, a circumstance which results in the termination of the appointment occurs, the appointment shall nevertheless be deemed to continue to apply in the ongoing case. Any person who is to serve as a financial expert must be a Swedish citizen and may not be a minor or in bankruptcy or have a trustee in accordance with Chapter 11, Section 7 of the Parental Code. Suspension 11 Section When a court decides, pursuant to Section 28 of the Administrative Procedures Act (1971:291), on whether a decision made pursuant to this Act is suspended, the court shall take particular account of the provisions in Chapter 1, Section 1 of the Act on the purpose of the Act. Regulations on the entry into force of this Act are laid down in the Act (2022:000) on the introduction of the Electronic Communications Act (2022:000). 57 Maret Ots Saatja: Karl Stern <[email protected]> Saatmisaeg: teisipäev, 29. märts 2022 13:17 Adressaat: Mart Laas; Maret Ots Teema: teatis Manused: 202288S.docx Järeltegevuse lipp: Järeltegevus Olekulipp: Lipuga märgitud Tere Saadan Rootsi teatise 88 „Elektroonilise side seaduse eelnõu“. Ooteaeg lõpeb 12.05. Teema. Elektroonilised sideteenused. Tutvustus. 2018 võeti vastu direktiiv 2018/1972, millega kehtestatakse Euroopa elektroonilise side seadustik (ELi direktiiv). ELi direktiivi rakendamiseks on tehtud ettepanek olulisteks seadusandlikeks muudatusteks. Rakendamine toimub seega uue elektroonilise side seaduse raames. Sätted, mida liidu õigus otseselt ei mõjuta, lähevad uude õigusesse üle muutmata kujul või üksnes redaktsiooniliste või keeleliste muudatustega, mis ei too kaasa sisulisi muudatusi. See kehtib näiteks sõjaaegset teavitustegevust jms, kahju hüvitamist ja karistusi käsitlevate sätete kohta. Sama kehtib sätete kohta, millega rakendatakse direktiive 2002/58 ja 2014/61. Sisuliselt vastab uus elektroonilise side seadus suures osas kehtivale seadusele, mille muudatused ja täiendused tulenevad ELi direktiivist. Uue seaduse põhisisu: − Säilitatakse nõue, et need, kes kavatsevad pakkuda teatavaid võrke või teenuseid, teataksid reguleerivale asutusele enne tegevuse alustamist. Seda nõuet ei kohaldata numbrivaba isikutevahelise side teenuste suhtes. – Raadiosaatjate kasutamise lubamist käsitlevaid sätteid ei muudeta. Ühtlustatud sagedusruumis võib raadiosaatjate kasutamise loa anda muuks kui ühtlustatud tingimustest tulenevaks raadiokasutuseks, sealhulgas juhul, kui ühtlustatud kasutuse järele puudub nõudlus. Sellega reguleeritakse, mille poole tuleks püüelda, kui taotlemiseks on piiratud arv raadiolitsentse ja mida tuleks sellistel juhtudel lisada avalikule kandideerimiskutsele (sagedusoksjonid). – Vastastikuse sidumise ja turgude eelneva reguleerimise eeskirjad, millel on sellised tunnused, mis õigustavad märkimisväärse turujõuga ettevõtjate kindlakstegemist ja kohustuste kehtestamist, jäävad sisuliselt muutmata. Kui tuleb kehtestada juurdepääsukohustused, eelistatakse juurdepääsu tsiviilehituslikule taristule, nt kaablikanalisatsioonile. Hinnakohustuse kehtestamise võimalus on kõne lõpetamise turgudel piiratud. Regulatiivne leevendus kehtestatakse märkimisväärse turujõuga ettevõtjatele, kes tegelevad üksnes hulgimüügiga ja kaasinvesteeringute korral uute kiudoptiliste võrkude ehitamisse. – Lisaks märkimisväärse turujõu sätetele antakse reguleerivale asutusele vahendid kinnisvaravõrgule juurdepääsu täpsemaks kohandamiseks, et kõige paremini lahendada tuvastatud konkurentsiprobleem jaemüügi tasandil. See tähendab muu hulgas, et teatavatel tingimustel võib sellist kohustust laiendada täiendavatele võrguelementidele, mis asuvad lõppkasutajatest kaugemal. – Kehtestatakse keskvalitsusele, omavalitsustele, piirkondadele ning riigi- ja munitsipaalettevõtetele kohustus tagada juurdepääs neile kuuluvatele hoonetele, rajatistele ja objektidele väikese levialaga traadita juurdepääsupunktide paigaldamiseks. Kohustust ei kohaldata, kui juurdepääs ei ole teatud asjaolusid arvestades mõistlik. – Säilib võimalus määrata ettevõtja, kes osutab universaalteenust. Universaalteenused piirduvad piisava internetiühenduse ja kõnesideteenustega. – Tugevdatakse lõppkasutajate kaitset. Lähtekohaks on, et ka mikroettevõtjad, väikeettevõtjad ja mittetulundusühendused on hõlmatud tarbijakaitse-eeskirjadega. Kehtestatakse uued eeskirjad muu hulgas antava lepingueelse teabe, internetiühenduse teenuste osutajate vahetamise ja pakettpakkumiste kohta. – Üldkasutatava elektroonilise sidevõrgu või üldkasutatava elektroonilise side teenuse pakkuja võtab asjakohased ja proportsionaalsed tehnilised ja korralduslikud meetmed, et asjakohaselt käsitleda võrkude ja teenuste turvalisust ohustavaid riske. Selliste teenuste osutajad teatavad turvaintsidentidest ka järelevalveasutusele. – Sätted, mis käsitlevad kohustust võtta meetmeid üldkasutatavate elektrooniliste sideteenuste osutamisel töödeldavate andmete kaitsmiseks ning võtta meetmeid samaväärse võrgukaitse säilitamiseks, kantakse üle uude 1 seadusesse. – Sätted eraelu puutumatuse kaitse, liiklusandmete jms säilitamise kohta õiguskaitse eesmärgil kantakse üle uude seadusesse. Ametiasutusele teabe esitamise kohustust veidi laiendatakse. Reguleeriv asutus võib teatavatel juhtudel nõuda andmeid elektroonilise side sektori ettevõtjatelt või nendega tihedalt seotud sektoritelt, mida uus seadus ei hõlma. – Otsust teha avalik kutse raadiosaatjate või numbrite kasutamiseks loa taotlemiseks ei saa vaidlustada (selle asemel, et esitada kaebus loa andmise otsuse peale). – Järelevalvesätted lähevad üle uude seadusesse. Järelevalve hõlmab ka seaduse alusel võetud kohustuste kohta tehtud otsuseid. – Võtab kasutusele trahvid kindlate seaduserikkumiste puhuks. Põhjendus. ELi direktiiviga kehtestatud õigusraamistikul on kaks eesmärki. Esiteks rakendada elektrooniliste sidevõrkude ja -teenuste siseturg, mille tulemuseks on väga suure läbilaskevõimega võrkude kasutuselevõtt ja kasutamine, jätkusuutlik konkurents ja elektrooniliste sideteenuste koostalitlusvõime, juurdepääsetavus, võrkude ja teenuste turvalisus ning kasu lõppkasutajate jaoks. Teine eesmärk on tagada tõhusa konkurentsi ja valiku abil, et kogu liidus osutatakse kvaliteetseid ja taskukohaseid üldkasutatavaid teenuseid, et lahendada olukordi, kus turg ei rahulda piisavalt lõppkasutajate, sealhulgas puuetega lõppkasutajate vajadusi, ning kehtestada lõppkasutajatele vajalikud õigused. Uue elektroonilise side seaduse eesmärk on need eesmärgid saavutada. Üksikisikutel ja ametiasutustel on juurdepääs turvalisele ja tõhusale elektroonilisele sidele ning võimalikult ulatuslikule elektroonilise side teenuste vahetamisele nende valiku, hinna, kvaliteedi ja mahu poolest. See saavutatakse peamiselt konkurentsi, innovatsiooni, rahvusvahelise ühtlustamise ning võrkude ja teenuste turvalisuse edendamise kaudu. Lisaks peab universaalteenus olema kogu riigis alati võrdsetel tingimustel kättesaadav taskukohaste hindadega. Seaduse kohaldamisel võetakse eelkõige arvesse Rootsi julgeolekut ning elektroonilise side tähtsust sõna- ja teabevabadusele. Karl 2