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Sweden: PTS publishes cookie guide

The Post and Telecom Authority ('PTS') published, on 17 June 2022, a cookie guide, which contains, among other things, guidance on the type of information to be provided to the user and how consent is to be obtained, as well as providing a number of examples of what consent should not look like. In particular, the guide states that anyone who wants to install cookies must provide clear and complete information about, among other things, the purposes of the processing. In addition, the guide highlights that the information must be so clear and complete that the user can anticipate the consequences of consent and the information should be as user-friendly as possible. Furthermore, the guide outlines that the information must contain the following:

  • who stores or retrieves cookies;
  • for what purposes cookies are stored or retrieved;
  • the period of validity of the cookies; and
  • if the information is shared with another party (e.g. a third party).

Moreover, with respect to consent, the guide underlines that access to a service may not be conditional on acceptance of cookies, as consent is not voluntary in this case. Furthermore, the guide emphasises that consent must be active and the fact that the user does not say 'no' cannot be considered as consent. Lastly, the guide notes that it is not permissible to block the entire website, for example through a cookie wall, before consent has been given, as this method restricts all access to the service and its functions if the visitor does not give consent.

You can read the press release here and the guide here, both only available in Swedish.