News

New law on electronic communication

June 03, 2022

On 3 June 2022, the new Electronic Communications Act (the “New ECA”) entered into force. On the same day, the new Electronic Communications Ordinance, as well as several regulations from the Swedish Post and Telecom Authority, entered into force. On 1 August, regulations from the Swedish Post and Telecom Authority regarding security of networks and services are expected to enter into force.

The new regulatory framework aims to transpose the Directive of the European Parliament and of the Council (2018/1972) of 11 December 2018 establishing the European Electronic Communications Code (recast) (the "Code") and contains several news and amendments.

Number-independent interpersonal communication services are covered by the New ECA. These types of services enable communication without the use of numbers, such as e-mail services, Voice over IP and group chats.

New and detailed rules are introduced regarding the information to be provided to end-users before entering into agreements.

Further, the Swedish Post and Telecom Authority is given the power to decide on a penalty fee for certain types of violations. The penalty fee shall be set at a minimum of SEK 5,000 and a maximum of SEK 10 million.

One of the Code's objectives is to promote investment in high-capacity networks, such as fiber and 5G networks. This is reflected in Chapter 1, Section 1 of the New ECA, which states that the New ECA aims for individuals and authorities to receive the greatest possible exchange in terms of capacity.

The Code should have been implemented in all EU Member States by 21 December 2020. In April 2022, the European Commission decided to refer 10 Member States, including Sweden, to the Court of Justice of the European Union over their failure to fully transpose the Code.

If you have any questions regarding the new regulatory framework, you are welcome to contact: Carl Johan af Petersens, Sebastian Örndahl, Victoria Fredén or Alva Chambert.

 

Link to the New ECA, in Swedish.

Link to the new ordinance, in Swedish.

 

New partners and counsel appointed at Vinge’s Malmö and Stockholm offices

Advokat Daniel Daun and advokat Victor Ericsson at Vinge’s Malmö and Stockholm offices respectively have been appointed as new partners as of 1 January 2023. Jacob Jeanrond, Caroline Krassén, Henrik Schön, Maria Dahlin Kolvik, Sara Strandberg and Linn Adelwald have been elected as counsel at Vinge’s Stockholm office.
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COP26 - a step in the right direction to achieve the Paris Agreement goals

On 13 November 2021, the two-week international climate summit COP26, held in Glasgow, UK, was concluded after leaders from over 190 countries agreed on a new deal, the so-called Climate Pact in Glasgow. The aim of COP26 was for leaders from around the world to agree on how to step up global action to tackle the climate crisis. The agreement, which will set the global average temperature increase at between 1.8 and 2.4 degrees Celsius, is a step towards achieving the Paris Agreement's (COP21) more ambitious target of a maximum increase of 1.5 degrees.
June 23, 2022

The EU Court of Justice dismisses Belgium’s request in Opinion 1/20, but points out that the dispute settlement mechanism of ECT is not applicable to ‘intra-EU disputes’

The Energy Charter Treaty (ECT) is under renegotiation. Its Article 26, which provides a dispute settlement mechanism, has however not been announced as being subject to such renegotiations. On 2 December 2020, Belgium submitted a request to the EU Court of Justice (CJEU) for an opinion on whether the dispute settlement mechanism of the draft ECT, assuming it remains unchanged, could be interpreted as allowing its application intra-European Union, i.e. between an EU Member State and an investor who is a national of another Member State, and whether this would be compatible with the EU Treaties, in particular Article 19 TEU on the role of the CJEU and Article 344 TFEU on the autonomy of EU law.
June 17, 2022