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Establishment restrictions

SWEDEN

Since 2005

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Directive 2001/29/EC (The Copyright Directive)

ACT 1960:729 on Copyright in Literary and Artistic Works
In the European Union, there is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principle in the US. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test”. This is a clause in the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.

The Swedish Copyright Act was amended to implement the Directive. It contains a number of limitations, while the three-step test has not been implemented.
Coverage Horizontal
Establishment restrictions

SWEDEN


Chapter Intellectual Property Rights  |  Sub-chapter Patents
Local agent requirement
In the patent application process, inventors not resident in Sweden must appoint a local agent.
Coverage Horizontal
Establishment restrictions

SWEDEN

Reported in 2014

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Swedish Aktiebolagslagen (1975:1385)
The managing director and their deputies in a Limited Liability Company must reside in the European Economic Area (EEA).
Coverage Limited Liability Company
Establishment restrictions

SWEDEN

Reported in 2014

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Swedish Aktiebolagslagen (1975:1385)
At least 50% of the board of directors and of the deputies in a Limited Liability Company must be residents of the European Economic Area (EEA) .
Coverage Limited Liability Company
Fiscal Restrictions

SWEDEN

Reported in 2017

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Limitation on foreign participation
It is reported that the right of access to public procurement is limited to regional trade agreement partners and members of the WTO’s Government Procurement Agreement.
Coverage Horizontal
Fiscal Restrictions

SWEDEN

Since January 2015

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Council Implementing Regulation (EU) No. 1042/2013 amending Implementing Regulation (EU) No. 282/2011, Mini One-Stop Shop (MOSS)
The European Regulation No. 1042/2013 amending the Council Implementing Regulation No. 282/2011, declares that from January 2015, all supplies of telecommunications, broadcasting and electronic services will be taxable at the place where the customer belongs. These include, inter alia:
- images or text, such as photos, screensavers, e-books and other digitised documents e.g. PDF files;
- music, films and games, including games of chance and gambling games, and of programmes on demand;
- online magazines website supply or web hosting services distance maintenance of programmes and equipment;
- supplies of software and software updates advertising space on a website.

Both EU and non-EU suppliers have to register for VAT purposes and comply with the relevant obligations of the Member State where the customer is established, has his/her permanent address or usually resides. This may be burdensome as there are 81 VAT rates across the 28 EU countries and the rates may vary between 3% (Luxembourg) to 27% (Hungary) across member states. Furthermore, member states impose varying thresholds at which companies must begin paying VAT, ranging from EUR 0 to EUR 60,000.

As an alternative to obtaining multiple VAT registrations in each Member State where a supplier has a customer, affected suppliers may be able to opt to account for VAT across the EU via a a web-portal in the Member State in which they are identified. Hence, the system, known as the Mini One-Stop Shop (MOSS) scheme, allows taxable persons to avoid registering in each Member State of consumption.
Coverage B2C suppliers of telecommunications, broadcasting and electronically supplied services
Fiscal Restrictions

SWEDEN

Since 1960, last amended July 2005

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on digital goods and products
Directive 2001/29 (EU Copyright Directive)

Copyright Act (1960:729)
The EU Copyright Directive allows “fair compensation” for copyright owners. As a result, several Member States have imposed national levy systems.

In Sweden, levies are collected by the COPYSWEDE society and are paid by manufacturers and importers. Levies are applied, as follows:
- MiniDisc 0.020 SEK: EUR 0.
- CD-R Audio 0.020 SEK: EUR 0.
- DVD-R / + R Double Layer 8.5 GB 4.80 SEK: EUR 0.53.
- USB-sticks > 2GB-80 GB 1 SEK/GB: €EUR 0.11/GB > 80 GB 80 SE: EUR 8.90.
- External hard drives (2012) > 2GB-80 GB 1 SEK/GB: EUR 0.11 > 80 GB 80 SEK: EUR 8.90.
- For MP3 players, set top boxes with built-in hard drive, DVD players with built-in hard drive, TVs with built-in hard drive and other media players with built-in hard drive levies of 0 – 320 GB 1 SEK/GB: EUR 0.11/GB and >320 GB 320 SEK: EUR 35.58 apply.
Coverage Storage media and devices
Trading restrictions

SPAIN

Since 2011

Chapter Online sales and transactions  |  Sub-chapter Online sales
Restrictions on online sales
In order to restrict the use of house sharing sites such as AirBnB, 11 autonomous regions (Madrid, Cataluña, Baleares, Canarias, Castilla y León, Aragón, País Vasco, Cantabria, Andalucía, Asturias and Valencia) have limited the ways in which people can rent out their houses to tourists. For example, in Catalonia renting out rooms in private residences is prohibited and a flat rented to tourists must be registered with the Tourism Registry of that region. In 2014, these laws resulted in a fine of 30.000€ to AirBnB by the Catalan regional government over what it calls a "serious" breach of local laws.
Coverage Online house rental sites
Trading restrictions

SPAIN

Since 2005

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Ministerial Order ITC/1542/2005, dated 19 May, approving the National Plan for Internet Domain Names under the country code for Spain (".es")
Any individual or legal entity with interests in or ties to Spain has the right to acquire a .es domain. Ties are understood in their widest sense and include individuals and incorporated or non-incorporated entities that are based, resident or registered in Spain, which wish to aim their services either partly or in full at the Spanish market, and those that wish to offer information, products or services that are culturally, historically or socially linked to Spain.
Coverage Horizontal
Trading restrictions

SPAIN

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
The European de minimis threshold for import duties is harmonized. Goods with a value of up to 128 SDR / 150 EUR / 186 USD are exempted from customs duties. The VAT de minimis threshold is not harmonized within the EU and can vary between 10 and 22 EUR, i.e. Member States can decide on a value within this range to grant an exemption on VAT for imported goods.

According to Spain's de minimis rule, goods with a value of up to 19 SDR / 22 EUR / 27 USD are exempted from VAT.
Coverage Horizontal
Trading restrictions

SPAIN

Since 2015

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Ancillary Copyright Law
The Ancillary Copyright Law requires online news aggregators (such as Google News) to remunerate news publishers for showing excerpts of content published on their pages. The collection of the remuneration is entrusted to a single collection agency, which is the organisation representing Spanish newspapers: the Association of Editors of Spanish Dailies, known by its Spanish-language abbreviation AEDE. The publishers are not allowed to waive their right. As a result, Google has withdrawn its news page from Spain.
Coverage Online news aggregators
Trading restrictions

SPAIN

Reported in 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
EU Directive on Audiovisual Media Services (AVMS)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13 of the Directive imposes on Member States the obligation to ensure that on-demand service providers promote European works, despite there is no explicit content quota. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.

In Spain, Article 13 has been implemented via two requirements:
- Video-on-demand (VOD) providers are obliged to reserve a share of European works in their catalogue.
- VOD players are required to contribute financially to the production and rights acquisition of European works. Subscription video-on-demand (SVOD) distributors need to earmark 5% of their operating revenue for the pre-funding of European cinematographic films and films made for television, 60% of that funding being reserved for the production of works in Spanish.
Coverage On-demand audiovisual services
Sources
  • Press release -Video on Demand and the Promotion of European Works -European Audiovisual Observatory publishes new IRIS Special Report

    https://rm.coe.int/1680783dc7
  • Promotion of European works in practice

    http://ec.europa.eu/digital-agenda/en/news/promotion-european-works-practice
  • Kommerskollegium 2015:7, Online Trade, Offline Rules - A Review of Barriers to E-commerce in the EU

    http://www.kommers.se/Documents/dokumentarkiv/publikationer/2015/Publ-online-trade-offline-rules.pdf
  • https://ec.europa.eu/digital-single-market/en/audiovisual-media-services-directive-avmsd
Restrictions on data

SPAIN

Since 2014

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
European Court of Justice ruling - Case C-314/12 "UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega
Filmproduktionsgesellschaft mbH"

FAP v NewPCT, Juzgado de Instrucción Número 10 de Zaragoza
The European Court of Justice has interpreted in 2014 that Internet Service Providers (ISPs) may be ordered by national courts to block customer access to a copyright-infringing website. This ruling aims to limit online piracy.

In Spain, content download and streaming websites such as newpct.com and spanishtracker.com have been blocked.
Coverage Internet service providers

Web content
Restrictions on data

SPAIN

Since 2002

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Directive 2000/31/EC (e-Commerce Directive)

Law No. 34/2002, on Information Society Services and Electronic Commerce
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. The Directive covers any type of infringement of third-party rights, including intellectual and industrial property rights and personality rights.

The limitations on liability in the Directive apply to clearly delimited activities (mere conduit, caching and hosting) carried out by internet intermediaries, rather than to categories of service providers or types of information. While it was not considered necessary to cover hyperlinks and search engines in the Directive, the Commission has encouraged Member States to further develop legal security for Internet intermediaries.

Since not all Member States have transposed the relevant articles consistently, the national case law is divergent and leads to legal insecurity on an EU level.

Despite almost literal transposition of the E-commerce Directive, Spain has adopted specific liability exemptions for search engines according to which a company can benefit from exemption if it meets the conditions of hosting service providers. Additionally, it has adopted liability exemptions for hyperlinks applying the same conditions as the Directive's liability exemption for hosting activities.
Coverage Internet intermediaries
Restrictions on data

SPAIN


Chapter Data policies  |  Sub-chapter Data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law 25/2007 on the Retention of Data Generated or Processed in Connection with Electronic or Public Communications Networks
Under the Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union (ECJ) declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.

In Spain, Law 25/2007 relative to retention of data relating to electronic communications networks and public communication, effective from November 2007 is still in place. Such law is only applicable to electronic communications operators and provides for a retention period in respect of traffic data of 12 months from the date on which the communication occurred.
Coverage Telecommunication sector