general

The Swedish Self-Regulatory Organisation (SRO) is Reklamombudsmannen (RO), more formally the Advertising Ombudsman. RO assess complaints according to rules from the ICC Advertising and Marketing Communications Code, which is linked here (EN 2024) and translated here (SW 2024). Rules are available from the linked document above; the most important are spelt out in our content section B below.

THE MARKETING ACT

The other significant influence on advertising rules in Sweden is statutory: the Marketing Act 2008:486 (EN), which in Sweden provides the cornerstone of marketing communications legislation, transposing rules from the Unfair Commercial Practices Directive 2005/29/EC. The Act also transposes other European marketing/ privacy legislation such as Directive 2000/31/EC on information society services (e-Commerce), and Directive 2002/58/EC on the protection of privacy in electronic communications, meaning that a number of European marketing eggs are in a single Swedish basket. There's a helpful Q&A on misleading advertising practices in Sweden from CMS/ Lex here (EN; March 2023) and prohibited and controlled advertising also from CMS here (EN). Relevant rules are shown in our content section B and channel section C below, as applicable. The transposition of Directive 2019/2161 (the 'Omnibus Directive') introduces new rules into the Marketing Act and the Price Information Act, amongst others less relevant to this database. The government's bill here (SW) amends the Price Information act under Article 2.2 for promotional pricing rules and the Marketing Act under 2.4 for criteria in search rankings and the legitimacy of consumer reviews (sections 12b and 12c respectively). Transposition is faithful to the directive.

APPLYING THE RULES

Day-to-day application of the rules is by RO, per the normal self-regulatory process. However, there is an additional procedure in Sweden: if the case arouses the interest of the Swedish Consumer Agency, a significant influence in marketing regulation, adjudication is via the Patent and Market Courts. A complaint can be taken to court by the Consumer Agency as well as by competitors or a group of consumers/ traders/ workers. For some perspective, here are The Market Court's decisions; these are in Swedish, but there's a translation facility on the site which provides the gist. The Consumer Agency publishes a number of guidance papers in marketing and advertising here (SW) and some 'general' rules here (SW); some of these are translated and shown in our content and channel sections below. The advertising and promotional environment in Sweden is somewhat restrictive and conservative.

NATIVE AND INFLUENCER

The ICC’s Guidance on Native Advertising (EN) is based on the ICC Code (EN 2024) itself, drawing on articles 7 and 8 (Identification and Identity), B1 and C1 (Sponsorship and Digital communications respectively). Clauses from the guidance are set out in full in channel section C. The Marketing Act’s (EN) Section 9 similarly requires clarity that advertising is advertising: ‘All marketing shall be formulated and presented in such a way that it is clear that it is a matter of marketing’. In May 2016, the Nordic Consumer Ombudsmen jointly published their ‘Position on Covert Marketing’ (EN) and the Swedish representative also publishes Rules for Influencer advertising posts (SW), requiring that 'The recipient must understand that the post is paid for, even with a fleeting contact.' See content section B below and our channel section C for more.

Three key cases

The first case in Swedish courts about ad identification in social media - the ‘Kissie case’ re a well-known Swedish blogger and influencer Alexandra Nilsson - is linked here in Swedish; illuminating December 2019 English commentary here from Vinge/ Lex. According to RO, the court set a high standard, in line with RO's decisions. Among the rulings are that it must be clear when a post has been paid for and the identification itself must also be clear - i.e. its position within the post/ blog must be prominent. See pps 42 and 43 of the linked case, unofficially translated here. This case is likely to result in new rules being issued, probably by the Consumer Agency (see above). A second significant case regarding Influencer posts on behalf of an eyewear company, and whether all posts versus contracted posts qualify as marketing communications, is here (EN) courtesy of AWA/ Lex. The third case, reported by Lindahl/ Mondaq December 29, 2023 here, is re Clean Eating AB and the influencer Katrin Zytomierska, recently judged to have contravened the Marketing Act.

ENVIRONMENTAL CLAIMS

Green Claims Directive news Politico

June 23, 2025. Big wobble as Italy pull

Vinge on EU green claims and Swedish law June 18, 2024 (EN)

Greenwashing review. Berggren Oy Jan 24, 2024

Swedish Court forbids “net-zero” claims based on climate compensation

Bird&Bird LLP/ Lex Feb 21, 2023

Lufthansa case (SW) November 2022 re carbon offsetting

This is, as you might imagine, a high profile issue in Sweden. Guidance on environmental claims in advertising is from the Swedish Consumer Agency (link is to the relevant section available in Google English; also translated in our content section B under point 2.3); the guidance draws on the principles within Chapter D - Environmental claims in marcoms - of the ICC Code (EN 2024). Also providing guidance is The ICC framework for responsible environmental marcoms (November 2021, in Swedish here and commentary from RO newsletter here), which includes an environmental claims checklist under Appendix I. The definitive guidance at the EU level is the December 2021 Commission Notice on the interpretation and application of the Unfair Commercial Practices Directive; section 4.1.1 for environmental claims. The RO newsletter of October 2021 included this brief review of 'greenwashing' (SW) together with some recent cases and in December 2021 an Innocent juice case (SW) was published: complaint upheld because of insufficient evidence of the environmental benefits shown in the commercial, an English version of which is here (the commercial is now removed; this pressure group video includes what appears to be a large part of it). There is a detailed segment on environmental claims in our following content section B. The WFA launched their Planet Pledge in April 2021 and Global Guidance on Environmental Claims April 2022. DLA Piper's August 2024 Environmental Advertising Claims Guide includes Sweden in its comprehensive coverage.

PRICING

This piece Dec 29, 2023 from Lindahl/ Mondaq reports that the Swedish Consumer Agency is "carrying out a comprehensive examination of companies' price reduction campaigns during the autumn in order to investigate retailers' compliance with the new rule on price information." This relates to the new rules shown below regarding amends to the PPD

ECJ '30 day' judgement Aldi promotional pricing Sept 24, 2024

The case is here; Pinsent Oct 4 commentary here

Generic pricing rules applicable to all advertising are from the Marketing Act (EN) in Sections 10 and 12 and the Price Information Act - English translation here - which requires the trader to provide accurate and clear pricing information on products; in particular Sections 7-10 must be observed when marketing a product with a stated price, also as per Section 2, the Swedish Consumer Agency’s regulations on price information KOVFS 2012:1, guidance here (links are to the Swedish originals; details and translations where required are in our later content section B). The Marketing Act Section 12, which transposes the pricing elements of the Unfair Commercial Practices Directive 2005/29/EC, deals with the rules when communicating an ‘Invitation to Purchase’. Again, details in content section B. The European position provides amendments from the Directive 2019/2161, which established in the Product Pricing Directive (PPD) 98/6/EC a new article 6a which sets out provisions for reduced/ promotional pricing (see ECJ case above). Transposition in Sweden is via the government bill here (SW) under article 2.2. Commission guidance for the application of the article is here.

CHILDREN

There’s a common perception that advertising to children is entirely prohibited in Sweden. Not the case, though it is a particularly sensitive issue that should be treated with some care. Clearly, children are protected from sectors that they are not permitted to use, such as alcohol (advertising is prohibited to those under the age of 25), or gambling which may not be aimed at under 18s. Meanwhile, the rules for all product sectors are that advertising on television may not appeal to children under 12, according to The Radio and TV Act 2010:696 (EN, SW here). A separate rule from the Marketing Act Section 7, applicable in all media, requires that advertising may not exhort those under the age of 18 to buy advertised products or persuade their parents or other adults to buy advertised products for them. The Swedish Consumer Agency’s Guidance on marketing to children (SW) is an important influence in this context. The rules on communicating to children are covered in depth in a separate sector available from the home page of this website.

STEREOTYPING

Gender portrayal in Sweden is highly sensitive and subject to special criteria. The ICC Code (2024) article 2 (part): ‘Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion and seek to avoid stereotypes and objectification’ is supplemented by RO with further criteria under three topics (original Swedish here):

Advertising that objectifies: advertising that portrays people as sex objects, for example via clothing, pose and context, in a way that can be considered to be degrading. What is considered to be degrading is influenced, among other things, by whether the person has a connection to the product and how and where the advertising has been shown;
Stereotyping in advertising: advertising that portrays people in stereotypical gender roles and which can be considered to describe or convey a degrading presentation of women or men;
Advertising that is degrading in any other way and therefore is obviously gender discriminatory.

There’s an example case here (SW) re the Suit Supply company. The ad is here.

See also the Sambla loans case re 'older craftsmen' here; ad taken down

CHANNEL RULES

As well as what you can say, there are rules for where you can say it, to whom and when, and the information that must by law be included in, for example, some electronic communications. These rules apply to all products. Our channel section C sets them out by medium; this para is a brief summary with links to the regulations and guidance documents.

As above under the Children sub-head, the Radio and TV Act 2010:696 (EN) prohibits appeal to children ('Advertising ……may not aim to capture the attention of children under the age of twelve’), and sets out other rules on advertising, sponsorship and product placement in broadcasting, in line with the AVMS Directive 2010/13/EU. Directive 2018/1808 extends the scope of the AVMSD to e.g. video-sharing platforms; the Swedish transposition 2020:875 of this is here. Consent and information rules in the use of cookies and electronic communications is regulated by Sections 19-21 of the Marketing Act (EN) and the Electronic Communications Act ECA - law No. 2003:389 (EN), implementing the e-Privacy Directive 2002/58/EC. See How to be Cookie-compliant in Sweden from Bird&Bird November 17, 2023. The Act on Electronic Commerce 2002:562 (SW) implemented the e-Commerce Directive 2000/31/EC, which requires that ‘Information Society services’ provide certain information - details in our channel section C, or see the linked document. The Swedish Consumer Agency publish a number of advertising guidelines, the most significant of which in this context is The Nordic Consumer Ombudsmen's position on marketing via social media (SW). This is old, but as far as we can establish, still applicable. More in channel section C with other rules on, for example, native advertising and marketers' own websites.

GDPR/ DATA PROTECTION

Privacy issues should be reviewed with specialist advisors

Q&A: protecting privacy and confidentiality in Sweden (EN)
Advokatfirman Delphi. June 10, 2024 (exc data protection legislation)

1.1 Million Euro fine for Profiling. Härting Rechtsanwälte/ Lex July 4, 2023

The General Data Protection Regulation 2016/679 (GDPR) applied directly in all EU member states from 25 May 2018, replacing the Data Protection Directive 95/46/EC. The European Commission page on GDPR is here. The GDPR is accompanied by Directive 2016/680, which is largely concerned with supervising procedures, and should have been transposed into member states’ legislation by 6 May 2018. Nationally, the former Personal Data Act 1998:204 is repealed, and replaced by Law 2018:218 (SW), which ’complements’ the GDPR with some supplementary provisions. Personal data processing issues occur across multiple channels, and in each case lawful processing rules from the GDPR may apply. The Swedish authority for privacy protection is Integritetsskyddsmyndigheten (IMY), one of whose tasks is to 'review and enforce the application of the data protection rules.' Their data protection pages are here in Swedish and here in English; they stick pretty close to EU guidelines/ rules. See our section C for more information on rules by channel.

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SECTION B CONTENT RULES

The ICC code, on which RO base their adjudications, was updated September 2024 here
Swedish translation published November 2024

This section is longer than most. To help navigate it, some text is 'anchored 'and linked to respective headings immediately below

GENERAL RULES

1.1. The ICC Code (2024)

1.2. The Marketing Act

ENVIRONMENTAL CLAIMS RULES

2.1. Chapter D, ICC Code (2024)

2.2. ICC framework environmental marcoms

2.3. Guidance from the Swedish Consumer Agency

2.4. Nordic Ombudsmen Guidance

2.5. European Commission Guidance

PRICING

3.1. Marketing Act 2008:486 Sections 10 and 12

3.2. The Price Information Act

3.3. Section 2, Swedish Consumer Agency

3.5. The ICC Code (2024)

STEREOTYPING
ADJUDICATIONS

1. GENERAL RULES

Key extracts from the ICC Code (EN 2024);

Applicable Jan 2025; excludes footnotes

Basic Principles (Art. 1)

All marketing communications should be legal, decent, honest and truthful
All marketing communications should be prepared with a due sense of social, environmental and professional responsibility and should conform to the principles of fair competition, as generally accepted in business
No communication should in the content and manner made undermine the public’s trust and confidence in marketing communications

Social and environmental responsibility (Art. 2)

Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion and seek to avoid stereotypes and objectification
No marketing communication should be associated with corrupt practices of any kind
Marketers should take due account of the ICC Rules on Combating Corruption and other ICC anti-corruption tools
Marketing communications should not:

without justifiable reason, play on fear or exploit misfortune or suffering
appear to condone or incite violent, unlawful, anti-social behaviour or animal abuse
appear to encourage or condone irresponsible use or harmful behaviour
play on superstition
marketing communications should not appear to condone or encourage actions which contravene the law, self-regulatory codes or generally accepted standards concerning climate change, sustainable and environmentally responsible behaviour
they should respect the principles set out in Chapter D on environmental claims in marketing communications and be mindful of the ICC Framework for Responsible Environmental Marketing Communications

Decency (Art. 3)

Marketing communications should not contain anything which offends standards of decency currently prevailing in the country and culture concerned and strive to respect social norms and tradition

Honesty (Art. 4)

Marketing communications should be structured in a way that does not take advantage of consumer trust or exploit their inexperience or limited understanding
Relevant factors that can affect consumers’ decisions should be communicated in a manner and at a time that allows them to consider them effectively
High-pressure marketing tactics which might be construed as harassment or hamper consumer choice, should not be used
Marketing communications should not abuse the trust of consumers by using deceptive practices or spreading disinformation using elements such as false testimonials or endorsements, conspiracy theories, such as bait and switch or clickbait. Nor should they knowingly support, engage in, facilitate or fund illegal activities

Truthfulness (Art. 5)

Marketing communications should be truthful and not misleading
Marketing communications should not contain any claim likely to mislead the consumer, regardless of how it is conveyed – by text, sound, visual elements or any combinations thereof – and regardless of how the misleading effect occurs – directly or by implication, omission, ambiguity or exaggeration. The combination of elements used in a marketing communication provides the net impression of a claim and control how it is interpreted
This applies especially, but is not limited to:

characteristics of the product which are material, i.e. likely to influence the consumer’s choice, such as the nature, composition, method and date of manufacture, range of use, efficiency and performance, benefits, quantity, commercial or geographical origin, or environmental, social or economic impact
the value of the product, the total price and taxes to be paid by the consumer
terms for the delivery, provision, exchange, return, repair and maintenance
terms of guarantee
the full provision, activation or automatic renewal of a subscription or service, copyright and industrial property rights such as patents, trademarks, designs, models, trade names and other distinguishable marks
compliance with certification and standards or any other use of quality marks, logos (e.g. environmental, sustainable) or recognition symbols
official recognition or approval, awards such as medals, prizes, and diplomas
sponsorship, agreement or cooperation with a particular company or brand
the extent of benefits for charitable causes
respect of human rights or sustainable behaviour

Audiovisual materials such as photos, video, sounds or other illustrations that are likely to mislead the consumer with regard to either a product’s characteristics, performance, benefits, quality and effects to be expected, or the association of a person or organisation with the product, should not be used, including where these are misleading because they have been altered or enhanced (e.g. AI generated or by so-called photo and video editing).
Communications that reflect specific commitments or goals that are aspirational in nature and not likely to be met until many years in the future (e.g. carbon negative, climate positive, diversity, equality, well-being etc.) require that the company is able to demonstrate, in concrete terms, that it has a reasonable capacity and methodological approach to meet such a commitment. Qualifiers should be included if elements or impacts will occur in the future.

Substantiation (Art. 6)

Marketers should have a reasonable basis for making claims relating to verifiable facts at the time the claim is made. Claims that state or imply that a particular level or type of substantiation exists should have at least the level of substantiation advertised. Supporting documentation should be provided promptly upon request to the self-regulatory organisations responsible for the application and enforcement of the Code. The standard of proof required generally depends on factors such as the type of claim, the product, the consequences of a false claim and the benefits of a truthful claim.
Substantiation should be based on documentation, tests or other factual evidence that is valid, reliable and sufficiently precise to support the claim made. In the absence of required substantiation, the claim would be regarded as misleading.
Regarding substantiation of environmental claims, see Article D1.

Identification and transparency (Art. 7)

Marketing communications, regardless of format or medium, should be easily identifiable, allowing consumers to clearly distinguish between commercial and non-commercial content.
Identification disclosures should be prominent, clear, easily legible and appear in close proximity to the commercial message where they are unlikely to be overlooked by consumers.
Marketing communications should be transparent about their true commercial purpose, and not misrepresent it. Hence, a communication promoting the sale of goods, or the contracting of a service should not be disguised, for example as news, editorial matter, market research, consumer surveys, consumer reviews, user-generated content, private blogs, private postings on social media or independent reviews etc.
In the case of mixed content, such as with news or editorial matter or social media, the marketing communication element should be made clearly distinguishable as such, and its commercial nature should be transparent. It should be so presented that it is readily and immediately recognisable as a marketing communication and where appropriate, labelled as such.

Identity of the Marketer (Art. 8)

The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty.
The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. “teaser advertisements”).

Comparisons (Art. 14)

Marketing communications containing comparisons should be carefully designed so as not to mislead and should comply with the principles of fair competition. Points of comparison should be based on verifiable facts. Product or price advantages that are demonstrable per se should not be exaggerated or overdramatised. Comparisons should be clear whether they are to a competitor’s product or to another version of the same product.

There are other comparisons-related clauses e.g. Exploitation of goodwill (15), Imitation (16), Denigration (17) that are not included here for reasons of space

Similarly, there's an extensively re-written section under article 18 – Testimonials and endorsements; influencer marketing communications

Chapters from the code are:

A: Sales Promotion B: Sponsorship

C: Direct Marketing and Digital Marketing Communications

D: Environmental Claims in Marketing Communications

E: Children and Teens (new in 2024 code)

Where the rules are channel-related, they are shown in our following channel section C

1.2. The Marketing Act
http://www.g-regs.com/downloads/SWMktingActTransupdate.pdf

The translation above does not include amends to the Marketing Act brought about by the transposition of Directive 2019/2161, delivered in a government bill here under article 2.4. The key clauses, which relate to the integrity of consumer reviews and the criteria for search rankings, do not directly impact ad content, except for new pricing provisions (2.2. in the bill) which are shown below under point 3, or in this article (EN) extracted from the Directive

Misleadingness

Section 10 of the act, which is the seminal piece of marketing/ advertising legislation in Sweden, transposing the Unfair Commercial Practices Directive 2005/29/EC, covers misleading marketing as follows:

In the course of marketing a trader may not make any incorrect statement or other representation that is misleading with respect to the trader’s own or another person's business activity
The first paragraph applies in particular to representations that concern:

The product’s existence, nature, quantity, quality and other distinguishing characteristics
The product’s origin, uses and risks such as impact on health or environment
Customer service, processing of complaints and method and date of manufacture or supply
The product’s price, basis for calculating the price, special price advantages and payment terms
The qualifications, position on the market, commitments, trademarks, trade names, distinctive symbols or other rights of the trader or of another trader
Awards or distinctions awarded to the trader
Terms of delivery for the product
Service needs, spare parts, exchange or repairs
The trader’s commitment to comply with codes of conduct, and
The consumer’s rights under law or other regulation

A trader may not omit material information when marketing his own or another person's business activity. Misleading omission also refers to cases where the material information is provided in an unclear, incomprehensible, ambiguous or other inappropriate manner

Invitation to purchase

Finally in this coverage of general rules, if your advertising or ‘commercial communication’ constitutes an ‘invitation to purchase’ Definition ‘Indicating characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase’ Art. 2 (1) UCP Directive certain material information must be included, as transposed in the Marketing Act Section 12:

Marketing is misleading if in a representation the trader offers consumers a specific product with a stated price without clear presentation of the following material information:

The product’s distinguishing characteristics to the extent appropriate to the media and product
Price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347)
The identity and geographical address of the trader
Terms and conditions of payment, delivery, performance and processing of complaints if these deviate from normal practice in the industry or for the product in question
Information concerning the right of withdrawal or the right to cancel a purchase which must be supplied to the consumer by law.

Marketing is also misleading if the trader in a representation offers consumers several specific products at a common price, without the offer containing material information under points 1-5 of the first paragraph

2. ENVIRONMENTAL CLAIMS RULES

It's well-established that environmental claims are a source of regulatory scrutiny everywhere and the Swedish regime is as sensitive on the issue as any. As that regime includes a more active statutory process in advertising regulation than is the case in most European countries (see the Marketing Act section immediately above, especially 10/2) and a self-regulatory body (RO) that is also environmentally attuned, special care needs to be taken
The linked document (EN; borrowed from our cars database), provides relevant rulings from the Market Court against three car manufacturers and covering both broad - 'environmentally friendly' - and specific - 'Up to 75% of all ozone passing through the radiator turns into oxygen' - claims. Another key Market Court case 17372-21 related to climate compensation: that of the claim 'net-zero climate impact' on Arla Foods' milk cartons, discussed here (EN) by Lindhal April 2023 and in our earlier Overview section
The key rules in the self-regulatory context are those from Chapter D of the ICC Code (EN 2024) applicable in Sweden, and its connected ‘Framework’ (November 2021; EN). Appendix I carries an Environmental Claims Checklist 'that marketers may find useful in evaluating their environmental claims.' It's in Swedish here
Chapter D has been extensively overhauled and is significantly lengthier than the 2018 version. Rather than set out the new and revised clauses, it's better that you click on the linked code above. Note that scope and definitions are also developed and should be checked
As indicated above, RO are active in this territory and claimed the Innocent Juice scalp back in November 2021 and Lufthansa November 2022 for claims the likes of 'green fares' and 'fly sustainably' tied to a compensation scheme

2.2. ICC Framework for Responsible Environmental Marketing Communications

https://iccwbo.org/news-publications/policies-reports/icc-framework-for-responsible-environmental-marketing-communications-2/ (EN)

https://icc.se/wp-content/uploads/2022/04/ICC-Riktlinjer-Ansvarsfull-Marknadskommunikation-om-miljo-och-klimat_2022.pdf (SW)

2.3. Guidance from the Swedish Consumer Agency

The Swedish Consumer Agency is Konsumentverket 'KO - a government agency that exists for consumers.'
See the rules they publish on their website (as at May 2025) key points/ tips translated in the bullet points below. Other topics in the same link include: What are environmental claims? The Marketing Act applies to environmental claims; Environmental claims must be qualified and verified; Tips for using environmental claims (extracts below); Ecolabelling - examples of court practice; Climate compensation - examples of court practice

An environmental claim is assessed based on the average consumer's overall impression of the marketing;
Remember that your company must be able to prove the average consumer's impression of the marketing, not just the one the company intended to convey;
Use clear and unambiguous claims that the company can substantiate/ verify. Environmental claims have a high standard of proof. If the environmental claim is not clear and unambiguous, it must be explained/ qualified;
Any explanation of an environmental claim must be in close proximity to the claim. For example, it is not sufficient for clarification to be “one click away” on a website;
Environmental claims in marketing must be factual and truthful and must not be misleading. Do not use environmental claims that are misleading even if they are factually accurate. For example, if the environmental benefit is not as great as the claim suggests.

2.4. Nordic and Swedish Ombudsmen reviews

A summary in English of the Swedish Consumer Agency's (SCA) review of environmental claims about climate-compensated products in marketing (2021)

'"The review was conducted before the judgment in case 17372-21 (see above) was announced and the SCA's view of the legal situation has therefore been adjusted somewhat accordingly"

https://publikationer.konsumentverket.se/hallbarhet/summary-environmental-claims-concerning-climate-compensated-products

Nordic position on climate compensation claims in marketing (2024; SW)

https://publikationer.konsumentverket.se/hallbarhet/nordiskt-stallningstagande-om-klimatkompensationspastaenden-i-marknadsforing

To learn more about consumers' knowledge and perceptions of climate compensation, the Swedish Consumer Agency has conducted a quantitative and qualitative study:

https://publikationer.konsumentverket.se/hallbarhet/klimatpastaenden-i-marknadsforing (SW)

2.5. European Commission/ MDEC guidance

The Market Court has referenced Environmental Claims. Report from the Multi-Stakeholder Dialogue (EN 2016)
Definitive Commission guidance is from Section 4.1.1. Environmental claims - from the December 2021 Commission Guidance on application of the UCPD

3. PRICING

Developments at a European level are that Directive 2019/2161 amends to the Product Pricing Directive 98/6/EC are in the form of a new article 6a that provides rules for price reduction announcements, including those in advertising. Transpositions in Sweden are in the March 2022 government bill here (SW), entry into force July 1. Commission guidance (from 2021) on the application of article 6a is here. Important ECJ case law September 24, 2024 re '30 day' requirement and Pinsent Oct 4 commentary here

Generic pricing rules applicable to all advertising:

3.1 Marketing Act 2008:486 Sections 10 and 12 of the Act

Section 10: In the course of marketing a trader may not make any incorrect statement or other representation that is misleading with respect to the trader’s own or another person's business activity - applies in particular to representations which concern 4) the product’s price, basis for calculating the price, special price advantages and payment terms
Section 12: Marketing is misleading if in a representation the trader offers consumers a specific product with a stated price without clear presentation of the following material information: 2. price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347)
The Marketing Act also transposes under Section 8: ‘Misleading marketing as specified in points 1-23 of Annex I to Directive 2005/29/EC are always to be regarded as unfair.’ Points 5 and 6 of the Annex referenced are as follows:

5. Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered ('bait advertising')

6. Making an invitation to purchase products at a specified price and then: (a) refusing to show the advertised item to consumers; or (b) refusing to take orders for it or deliver it within a reasonable time; or (c) demonstrating a defective sample of it, with the intention of promoting a different product ('bait and switch')

3. 2. The Price Information Act

English translation here; provisions require the trader to provide accurate and clear pricing information on products; in particular, sections 7-10 must be observed when marketing a product with a stated price, as referenced in Section 12 (2) Marketing Act (EN)

Section 7: Price information for goods shall be provided by details of the price and unit price of the goods. For products other than goods, the price information (indication) shall be provided by details of the price of the product. The Government or the authority appointed by the Government may also prescribe that unit prices shall be indicated for such products. If the price of a product cannot be indicated, the trader shall instead provide a price indication by stating the basis on which the price is determined
Section 8: A unit price need not be indicated if, owing to the nature or purpose of the product, it may be assumed that the indication of a unit price would not be relevant or if such an indication would possibly cause confusion
Section 9: Only a unit price needs to be indicated for goods that are not pre-packed and which are measured in the presence of the customer
Section 10: The price information shall be correct and clear. If charges and other costs may be added, this shall be indicated specially. The price information shall be provided in writing if the consumer cannot obtain the information in some other equivalent way. Price information shall be provided in such a way that it clearly indicates to the consumer the product to which the (price) information relates

3. 3. Section 2 Swedish Consumer Agency’s regulations on price information KOVFS 2012:1(SW). Guidance here (SW)

'When a given product is marketed with a quoted price, the price information should be provided pursuant to §§ 7-10 Price Information Act 2004:347'

3.4. The ICC Advertising and Marketing Communications Code (EN 2024)
Key extracts; others may apply

Article 10 (Sect. I of the Code) Use of ‘Free’ and ‘Guarantee: The term “free”, e.g. “free gift” or “free offer”, should be used only:

where the offer involves no obligation whatsoever; or
where the only obligation is to pay the delivery costs which should not exceed the cost estimated to be incurred by the marketer, should be disclosed upfront, or
in conjunction with the purchase of another product, provided the price of that product has not been increased to cover all or part of the cost of the offer.

Where free trial, free subscription and similar offers, e.g. an introduction at reduced price, convert to paid transactions at the end of the period, the terms and conditions of the paid conversion should be clearly, prominently and unambiguously disclosed before the consumer accepts the offer. Likewise, where a product is to be returned by the consumer at the end of the free period it should be made clear at the outset who will bear the cost. The procedure for returning the product should be simple, and any time limit should be clearly disclosed. See also Article C12 Right of withdrawal.

New article under the 2024 ICC Code

Article 11 Presentation of the offer

The terms and conditions of any offer including the identity of the marketer, full name and address along with information on how to ask questions or lodge complaints should be transparent to consumers. There should be a clear process which leads to the necessary steps to place an order, purchase, conclude a contract or any other commitment. Wherever appropriate, the essential points of the offer should be simply and clearly summarised together in one place. Essential points of the offer may be clearly repeated but should not be scattered throughout an extensive presentation.
Offers should not be presented in a manner that conceals or obfuscates material factors, e.g. price, additional costs, availability or other essential sales conditions, likely to influence consumers’ decisions.
Any image, sound or text which, by its size, volume or any other visual characteristic, is likely to materially reduce or obscure the legibility and clarity of the offer should be avoided.
When an offer involves different choices those should be clear and unambiguous, and their consequences easy to understand for consumers.
When the presentation of an offer also features products not included in the offer, or where additional products need to be purchased to enable the consumer to use the product on offer, this should be made clear in the original offer. For offers involving promotional items, see Chapter A: Sales Promotion.
Before making any commitment, consumers should be able to easily access the information needed to understand the exact nature of the product and all conditions of the offer, as well as their rights and how to exert them. Marketing communications inviting consumers to contact the marketer for further information of an offer should be transparent on the cost of communications therefore (see also Article C4)
Where appropriate, the marketer should respond by accepting or rejecting the consumer’s order.

Sales Promotions article A2

Sales promotions should be transparent. This means that the terms of the offer should be easily identifiable, accessible and straightforward for the consumer, inclusive of any restrictions and limitations. Measures should be taken to avoid exaggerating the value of any promotional item or obscuring or minimising the price of the main product.

Direct marketing article C7. Prices and credit terms

Whether payment for the offer is on an immediate sale or instalment basis, the price and terms of payment should be clearly stated in the offer, together with the nature of any additional charges (such as, handling, taxes, postage etc.) and, whenever possible, the total amount of such charges.
In the case of sales by instalment, the credit terms, including the amount of any deposit or payment on account, the number, amount and periodicity of such instalments and the total price compared with the immediate selling price, and interest if any, should be clearly shown in the offer.
Unless the duration of the offer and the price are clearly stated in the offer, prices should be maintained for a reasonable period of time.

4. STEREOTYPING.

Gender portrayal in Sweden is subject to special criteria. The ICC Code article 2 (‘Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion and seek to avoid stereotypes and objectification’) is supplemented by RO with further criteria on three topics (original Swedish here):

Advertising that objectifies: advertising that portrays people as sex objects, for example via clothing, pose and context, in a way that can be considered to be degrading. What is considered to be degrading is influenced, among other things, by whether the person has a connection to the product and how and where the advertising has been shown
Stereotyping in advertising: advertising that portrays people in stereotypical gender roles and which can be considered to describe or convey a degrading presentation of women or men
Advertising that is degrading in any other way and therefore is obviously gender discriminatory

5. ADJUDICATIONS

Day-to-day application of the rules, in this case reviewing complaints, is by RO, per the normal self-regulatory process. RO adjudicates in two ways: 1.More regular or conventional cases are reviewed by experienced executives at RO and 2. Via the RO Jury (RON). Cases that are complicated or deal with a subject that has never been reviewed before are referred to RON
As this section of the Wikiregs database is concerned with general versus sector rules, we don't set out individual cases, as there's too much ground to cover. RO's rulings/ adjudications can be found here (SW)
There's an additional procedure in Sweden: if the case arouses the interest of the Swedish Consumer Agency, adjudication is via the Patent and Market Courts; judgements here

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SECTION C: TV & RADIO/ AV

The Swedish Media Authority (Mediemyndigheten) is a govt. agency formed Jan 1, 2024.

Their laws, ordinances and regulations pages are here.

https://mediemyndigheten.se/english/

https://mediemyndigheten.se/

STANDARD RULES

The content rules set out in section B apply; the self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024). Content rules from the Marketing Act (MA; EN) pertain in all channels; any channel rules from the MA are shown in the relevant sections below
Commercial advertising in TV broadcasts, Teletext, and on-demand TV must not be designed to attract the attention of children under the age of 12 (Radio & TV Act SW RTVA; EN. Chap. 8, S. 7)
Programmes (TV or On-demand TV) primarily aimed at children under 12 years of age must not be surrounded or interrupted by advertising (Chap. 8, SS 3 & 7). Nor may these programmes contain product placement (RTVA Chap. 6, S.2)
Must not feature individuals or characters who play a prominent role in children’s programmes (s.8) or people who play a prominent role in programmes that primarily involve news or news commentaries (S.9 RTVA)

The Radio and TV Act linked above is an unofficial translation of the act, containing amendments up to and including SFS 2020:875. Directive 2018/1808, which amends the AVMS Directive to extend its scope into e.g. video-sharing platforms, extract from recital 3: 'Channels or any other audiovisual services under the editorial responsibility of a provider can constitute audiovisual media services in themselves, even if they are offered on a video-sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will fall to the providers with editorial responsibility to comply with Directive 2010/13/EU'. The Radio and TV Act has been duly amended - see Chapter 9 - and is in Swedish here. Commercial content rules are essentially unchanged; what's changed is where they are applied

PRODUCT PLACEMENT (Ch. 6 RTVA)

Permitted only in films, TV series, sports and light entertainment programmes
Prohibited in programmes directed at children under 12 years of age
Must not directly encourage purchase or rental of goods or services
Product placement must be indicated at the beginning and at the end of the programme, as well when the programme resumes after an interruption for advertising
This indication must be a neutral notification that there is product placement and of the goods/ services which have been placed in the programme

SPONSORSHIP (Ch. 7 RTVA)

Prohibited in news or news commentary programmes
Must not influence editorial independence
Must not directly encourage purchase or rental of goods or services
The sponsored programme must show a message communicated at the beginning or end of the programme (or both) which indicates who has contributed to the financing
The message should contain the name, logotype or other mark of the sponsor. The message may not contain sales promotion features
If only part of a programme is sponsored, the sponsorship message should be communicated at the beginning or at the end of that part
In every case, sponsorship messages require that the integrity and value of the programme, or the rights of the holders of rights have not been violated
In the case of TV broadcasts, sponsorship messages can also be communicated in sports events with extended breaks
The sponsorship identification may be communicated on a split screen (in cases referenced in ss 4-6)

RADIO (Ch. 15)

Individuals who play a prominent role in radio broadcasts that primarily involve news or news commentaries may not appear in advertising (s.4)

Sponsorship on radio

Radio programmes that mainly concern the news or contain news commentary may not be sponsored (s.8);
The media services provider of a sponsored radio programme is required to indicate who has contributed to the financing. Such a message should be communicated in an appropriate manner at the beginning and at the end of the programme or at one of these times;
The sponsorship message should not contain sales promoting features (s.10).

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SECTION C: CINEMA, PRINT, OUTDOOR

CINEMA

The content rules in section B above apply to the cinema channel, except those specifific to broadcast. While the prohibition of advertising to children applies technically to television only, according to the Self-Regulatory Organisation RO “The prohibition on advertising to children specified for TV may possibly affect the design of cinema commercials to children.”
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024). Rules from the Marketing Act (EN) also apply

Press, magazines, promotional literature, e.g. leaflets, brochures, etc.

The content rules in section B above apply to print, except those specific to broadcast
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024). Rules from the Marketing Act (EN) also apply

OUTDOOR

The content rules in section B above apply to outdoor media, except those specific to broadcast
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024). Rules from the Marketing Act (EN) also apply
This story appeared in the UK trade press June 2018: Stockholm to ban sexist ads from city streets. It is not clear whether the threat to remove 'offending' posters is carried out; what is clear is that there is an aggressive attitude from the authorities towards what might be considered to be ‘sexist’ advertising

The international association for OOH advertising is the World Out Of Home organisation (WOO); membership here

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SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

CONTEXT AND SCOPE

This section sets out the rules for the commercial online environment. Below this, specific channels such as email, marketers’ own websites, and OBA are covered. As the boundaries online can be less clear, and as space online is often advertiser-owned, the identification of what is advertising or marketing communication is significant, as both are subject to the rules in Owned and (some) Earned space as well as Paid. The definition of advertising/ marketing communications is therefore important; from the applicable ICC Advertising and Marketing Communications Code (EN 2024) advertising is ‘any form of marketing communications carried by the media, typically in return for payment or other valuable consideration’ and in turn marketing communications 'includes advertising as well as other techniques, such as promotions, sponsorships, direct marketing, data-driven marketing and digital marketing communications, and should be interpreted broadly to mean any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour. Likewise, when influencers create content for their own brands or products, or use affiliate links in their content, such content is marketing communications.'

KEY RULES

All of the content rules set out in section B apply online, except those specific to broadcast;
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to commercial communications online. Rules from the Marketing Act (EN) also apply;
Non paid-for channels in Sweden, such as marketers’ own websites and SNS spaces, are also ‘in remit’ i.e. covered by the rules. Specifics are covered later in this section, but the principle applied in paid space also applies in unpaid or owned space: if it’s a marketing communication, it’s covered;
The key self-regulatory document that guides Digital Marketing Communications (DMCs) in Europe is the European Advertising Standards Alliance's (EASA) DMC Best Practice 2023. While it's not per se binding in Sweden, it’s based on the ICC code and includes some helpful guidance on what techniques are in remit in, for example, marketers’ own websites. The guidance is also referenced in that section below; in brief, both viral and UGC are considered to be in remit only when endorsed by the marketer;
The DSA: Consequences of the use of digital advertising from Dentons/ Lex August 30, 2022 covers the significant implications of this EU legislation (the Digital Services Act) on the advertising industry; in force 1 January 2024;
And ICLG's Digital Business Laws and Regulations Sweden 2024-2025 published May 2024 includes chapters on e-Commerce and data protection and an assessment of the impact of DSA and DMA in the jurisdiction.

SOCIAL MEDIA / INFLUENCERS

The most topical issues are those to do with social media/ native/ blogging. Rules/ guidance are shown under Marketers’ Own websites and Native. Meanwhile, the most important guidance for social media usage, aside from the ICC rules that apply online and are linked above, are those from the Swedish Consumer Agency. The organisation publishes a number of guidance documents which can be found here (SW);
In this context, the most significant papers are Advertising identification in social media (SW 2021) and rules for businesses in Influencer advertising posts (SW);
The EASA Best Practice Recommendation on Influencer Marketing 2023 is not binding, but it is helpful guidance on how European regulators should approach this rapidly developing marketing technique
The European Data Protection Board published April 2021 Guidelines 8/2020 on the targeting of social media users (EN)

E-COMMERCE

‘The e-Commerce Act and the Distance and Off-Premise Contracts (DAL) are important laws that you should know when selling goods and services over the Internet’ (Swedish Consumer Agency; link is to relevant section)
e-Commerce guidance is also shown under Marketer’s Own Websites, and Electronic Communications; the Swedish Consumer Agency summary of requirements is here (SW); the e-Commerce and Distance Contract acts are shown in our links section E

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SECTION C: COOKIES AND OBA

Q&A: protecting privacy & confidentiality (EN)
Advokatfirman Delphi June 30, 2023

COOKIES
3rd party cookies to remain on Chrome IAB April 23, 2025
How To Be Cookie-Compliant in Sweden: A Checklist
Bird & Bird LLP November 17, 2023
The EU "Cookie Pledge" Preiskel & Co/ Mondaq 12 June 2023. Pledge here

The Electronic Communications Act (SW) implemented the 'Cookie Directive' 2009/136/EC in Sweden;
Data protection in Sweden pre GDPR was primarily the domain of the Personal Data Act 1998:204, which was repealed and replaced by the new Data Protection Act 2018:218 (SW);
There appear to be two relevant authorities in Sweden: PTS is the Swedish Post and Telecom Authority; their cookie guidance, updated April 2025, is here (SW). The Swedish authority for privacy protection is IMY, one of whose tasks is to 'review and enforce the application of the data protection rules.' Their data protection pages are here in Swedish and here in English; they stick pretty close to EU guidelines/ rules;
The key EU guidance in this context is Guidelines on consent under Regulation 2016/679 (May 2020). From pt. 7: 'The EDPB notes that the requirements for consent under GDPR are not considered to be an ‘additional obligation’, but rather as preconditions for lawful processing. Therefore, the GDPR conditions for obtaining valid consent are applicable in situations falling within the scope of the e-Privacy Directive.'
IAB Europe published i~~n May 2020 their Guide to the Post Third-Party Cookie Era~~ ~~and~~ in July 2021 a Guide to Contextual Advertising;
From ICAS' March 2022 newsletter: Google has published key actions for advertisers to take to prepare for a cookieless future as longer-term solutions for more advanced privacy-safe technology are still in development. Read the Privacy-Safe Growth Playbook here
ICLG's Digital Business Laws and Regulations Sweden 2024-2025 published May 2024 includes chapters on e-Commerce and data protection and an assessment of the impact of DSA and DMA in the jurisdiction.

Privacy issues should be reviewed with specialist advisors

ONLINE BEHAVIOURAL ADVERTISING (OBA)

European Union: Targeted advertising on social networks: Is consent mandatory? (EN)
Haas Avocats 19 September 2023

CJEU Landmark Data Protection Ruling for Online and Behavioural Advertising

William Fry/ Lex September 8, 2023

Privacy rules for targeted advertising in the UK and EU. Reed Smith/ Lex August 2023

EU Rules on Online Targeted Advertising from Covington and Burling/ Lex August 2022 sets out the existing targeted advertising rules and the impact of the DSA, in force January 2024;
GDPR lawful processing rules may apply if data processing identifies individuals (see above). Definitive profiling guidance is from the Article 29 Working Party, now the European Data Protection Board here;
This 2023 IMY ruling v Bonnier (SW; Nordic region's largest media operation) provides some insight into how authorities view the collection of data for profiling purposes and deployment of the legitimate interest basis;
Facebook's Meta to ban adverts that target people on 'sensitive topics' politics, race and sexual orientation; effective 19 January 2022;
OBA, like any other advertising, is subject to the general rules set out in our earlier content section B, and any sector-specific rules;
We make the assumption that the great majority of behavioural advertising is via ad networks, that they will deploy cookies of various types, the relevant versions of which in this context are therefore third-party cookies; ~~(see IAB Europe's Guide to the Post Third-Party Cookie Era)~~.

International self-regulation

From the ICC Code (EN 2024 code) Chapter C, Data-driven Marketing and Digital Marketing Communications, article C17 provisions for IBA; extracts only

Application of notice and choice provisions

Any party participating in IBA should adhere to principles of notice and user control as set out below. Transparency of data collection and use, and the ability for users and consumers to choose whether to share their data for IBA purposes is vital. The following guidance provides further clarification for how these principles apply to IBA

C17.1 Notice

Through company-specific measures and/or complementary industry frameworks that are user-friendly, accessible and intuitive - such as those featuring prominent markings - third parties and website operators should provide meaningful transparency by giving clear and conspicuous notice of their IBA data collection and use practices. Such notice may refer to the relevant self-regulatory guidance and industry best practices in each jurisdiction (for instance EDAA in Europe, DAA/DAAC in North America). Notice should be provided through deployment of one or multiple mechanisms for clearly disclosing and informing Internet users about data collection and use practices.

C17.2 User control

Through company-specific measures and/or complementary industry frameworks that are user-friendly, accessible and intuitive, third parties should make available a mechanism for web users to exercise their choice with respect to the collection and use of data for IBA. Such choice should be available via a link from the notice mechanisms described in footnote 10. Examples of how third parties, and where applicable website operators can provide notice of the collection of data for IBA purposes include mechanisms like an icon that links to a disclosure either in or around the advertisement delivered on the web page where data for IBA purposes is collected or somewhere else on the web page; or through a web link to an industry-developed website(s) where third parties are individually listed.

C17.8 Children

Segments specifically designed to target known children for IBA purposes should not
include children whose parent or legal guardian has not given appropriate consent.

EASA BPR and EDAA

From EASA’s Best Practice Recommendation on OBA 2021: “In addition to the privacy notice on their own websites, third parties are required to provide an ‘enhanced notice’ to consumers whenever they are collecting or using data for OBA purposes on a website that is not operated by them. The purpose of the enhanced notice is to provide the web user with information about the identity of the company that is delivering the ad and about the fact that the ad is targeted based on previous web viewing behaviour.”
A good number of companies and organisations in Europe are supporters of and engaged in the European self-regulatory programme for OBA, administered by the European Interactive Digital Advertising Alliance EDAA http://www.edaa.eu. The OBA Icon

which can be found on digital advertising and on web pages to signal that OBA is on those sites, is licensed to participating companies by the EDAA. The consumer is provided with a link to http://www.youronlinechoices.eu/, a pan-European website with information on how data is used, a mechanism to ‘turn off’ data collection and use, and a portal to connect with national Self-Regulatory Organisations for consumer complaint handling

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SECTION C: DIRECT ELECTRONIC COMMUNICATIONS

STANDARD RULES

All of the content rules set out in section B apply online, including any sector-specific rules, except those rules for broadcast channels
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024), which applies to commercial communications online
Content and channel rules from the Marketing Act (EN) also apply online. See our content section B above

LEGISLATION

In the case of data processing that identifies individuals, lawful processing rules from the GDPR may apply. Privacy issues should be reviewed with specialist advisors
See this November 2021 judgement from CJEU re unsolicited 'Inbox advertising' and related article from GALA/ Lex here
The arrival of GDPR into the regulatory framework might cause some uncertainty regarding consent issues in the context of direct electronic communications and the e-Privacy Directive. The key EU guidance in this context is 'Guidelines on consent under Regulation 2016/679' (May 2020). From pt. 7: 'The EDPB notes that the requirements for consent under GDPR are not considered to be an ‘additional obligation’, but rather as preconditions for lawful processing. Therefore, the GDPR conditions for obtaining valid consent are applicable in situations falling within the scope of the e-Privacy Directive.'
The Marketing Act 2008:486 (EN) implements, among others, the marcoms elements of Directive 2002/58/EC on Privacy and Electronic Communications, from which:

Unsolicited advertising, Section 19 of the Marketing Act. ‘A trader may, in the course of marketing to a natural person use electronic mail, a telefax or automatic calling device or any other similar automatic system for individual communication that is not operated by an individual, only if the natural person has consented to this in advance. Where a trader has obtained details of a natural person’s electronic address for electronic mail in the context of a sale of a product to that person, the consent requirement stipulated in the first paragraph shall not apply, provided that:

1. The natural person has not objected to the use of the electronic address for the purpose of marketing via electronic mail

2. The marketing relates to the trader’s own similar products and

3. The natural person is clearly and explicitly given the opportunity to object, simply and without charge, to the use of such details for marketing purposes, when they are collected and in conjunction with each subsequent marketing communication.’

The above ‘soft opt-in’ does not apply to SMS/MMS

Section 20. In marketing via electronic mail the communication shall at all times contain a valid address to which the recipient can send a request that the marketing cease. This also applies to marketing to a legal person (B2B)

The 'Blacklist'

Section 4 of the Marketing Act applies Annex I of the Directive 2005/29/EC in Swedish law. The Government has published the relevant annex in the Swedish Code of Statutes. Annex I is the ‘Blacklist’ - 31 commercial practices in all circumstances considered unfair. No. 26 of the list is 'Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation. This is without prejudice to Article 10 of Directive 97/7/EC and Directives 95/46/EC and 2002/58/EC.’

Invitation to Purchase

Defined in UCPD 2005/29/EC as ‘a commercial communication that indicates characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase.’ From Section 12 of the Marketing Act (Implementing UCPD):

in a representation where the trader offers consumers a specific product with a stated price the following material information must be provided:

1. The product’s distinguishing characteristics to the extent appropriate to the media and product

2. Price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347) (SW)

3. The identity and geographical address of the trader

4. Terms and conditions of payment, delivery, performance and processing of complaints if these deviate from normal practice in the industry or for the product in question

5. Information concerning the right of withdrawal or the right to cancel a purchase, which must be supplied to the consumer by law

Failure to clearly present the information listed under Section 12 will be regarded as misleading marketing. Marketing will also be deemed misleading if the trader in a representation offers consumers several specific products at a common price, without the offer containing material information under points 1-5 in the bullet point above
When assessing whether a representation is misleading under Section 10, third paragraph (omitting material information), ‘the limitations in time and space of the means of communication used may be taken into account, as well as the measures taken by the trader to provide the information in some other way’ (Section 11, Marketing Act)

SELF-REGULATION: ICC Code (EN 2024)

Chapter C of the ICC Code linked above addresses Data-driven Marketing, Direct Marketing and Digital Marketing Communications and sets out general provisions for all of those disciplines and then specific requirements for each of them;
Within the chapter's Direct Marketing section, which relates most closely to this Direct Electronic Communications header, there are rules for: Respecting the wish not to receive communications, Prices and credit terms, Fulfillment of order, Substitution of products and other transactional elements
Article C14 covers Telemarketing and C17 deals with IBA (Interest Based Advertising or, as it's more frequently described in Europe at any rate, Onine Behavioural Advertising)
A couple of key articles from the chapter's general provisions are below

Article C2. Identification and transparency

Marketing communications should be properly identified, subject descriptors should be accurate and the commercial nature of communications, as well as the identity of the marketer, should be transparent to consumers in accordance with Articles 7-8 of the General Provisions. (that is to say the Code's General Provisions, not the chapter's)

Article C3. Presentation of the offer

The terms of offers should be presented in a transparent and understandable manner in
accordance with Article 11 (Presentation of the Offer) of the General Provisions

National

The Self-Regulatory Organisation RO apply the ICC Advertising and Marketing Communication Code in Sweden, as above. From a more local source, The Swedish Direct Marketing Association (SWEDMA) publishes a series of rules and guidelines for different aspects of Direct Marketing

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SECTION C: MARKETERS' OWN WEBSITES

CONTEXT AND SCOPE

The same principle that applies in paid space also applies in non-paid such as marketers’ own websites and SNS spaces: if the communication from the owner is advertising, it’s covered. Advertising is defined by the ICC Code (EN 2024), which is applicable as the general advertising code in Sweden, as ‘any form of marketing communications carried by the media, typically in return for payment or other valuable consideration ’ and marketing communications as 'includes advertising as well as other techniques, such as promotions, sponsorships, direct marketing, data-driven marketing and digital marketing communications, and should be interpreted broadly to mean any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour. Likewise, when influencers create content for their own brands or products, or use affiliate links in their content, such content is marketing communications.'

This section also includes commentary/ guidance on social media and blogging/ influencers specifically, as well as some e-Commerce rules. See our earlier section A Overview for recent case law relating to Influencers and identification.

STANDARD RULES

All of the content rules set out in section B apply to marketers’ own marcoms on their own website(s), except those specific to broadcast. The definition of a marketing communication is therefore important – see above
Exemptions, i.e. those communications that do not qualify, are set out in the EASA Digital Marketing Communications 2023 Best Practice document: while the document is not binding, it’s the best source for understanding exemptions. Those include User-Generated Content (UGC), except when it has been endorsed by the marketer. The same principle applies to viral marketing communications
The self-regulatory code on the basis of which RO make rulings is the ICC Advertising and Marketing Communications Code (EN 2024) which applies to commercial communications online
Content and channel rules from the Marketing Act (EN) also apply online. See our content section B for key extracts. The translation of the Marketing Act linked here does not incorporate revisions introduced as a result of the transposition effective July 1, 2022 of the 2019/2161 Directive (the Omnibus Directive). Provisions, transposed by the government bill here (SW), include that platforms must make available the criteria deployed for search rankings and also confirm the integrity of consumer reviews
Re above, the Price Information Act is also affected by the 2019/2161 Directive; see content section B for new rules on price promotions - extracted Directive article here (EN)

e-COMMERCE

From the Law 2002: 562 (SW) on electronic commerce and other information society services which implemented e-Commerce Directive 2000/31/EC. Key requirements in an e-commerce context here (EN)

We have been unable to trace where the additional clauses from the directive in the linked document (under 'here' above) are specifically implemented in Swedish law. RO advise us that they are ‘covered’ under Sections 12 Material information and 10 Misleading omission respectively of the Marketing Act. The linked MA document is a translation, within which the links to the original MA in Swedish are volatile. This worked at the time of writing

SOCIAL MEDIA/ BLOGS/ INFLUENCERS

An important regulatory influence is the Swedish Consumer Agency (SCA), who also combine with/ are part of the Nordic Consumer Ombudsmen group;
These statutory authorities publish a number of guidance documents, key examples of which can be found here (SW) on the SCA website;
In this context, the most significant papers are The Nordic Consumer Ombudsmen's position on marketing via social media (SW; 2012, revised 2015) and Advertising identification in social media (SW 2021);
This is pretty old but still available: The Nordic Consumer Ombudsmen's position on hidden marketing (SW);
We also found, more by chance than skill or diligence, rules for businesses in Influencer advertising posts (SW);
The European Data Protection Board published April 2021 Guidelines 8/2020 on the targeting of social media users (EN).

LEGISLATION AND SELF-REGULATION: IDENTIFICATION

Section 9 of The Marketing Act (EN)

All marketing shall be formulated and presented in such a way that it is clear that it is a matter of marketing. The party responsible for the marketing shall also be clearly indicated. However, this does not apply to representations whose sole purpose is to attract attention ahead of follow-up representations (note: this latter sentence exempts teaser advertising)

Article 7 of the ICC Code (EN 2024). Identification and transparency

Marketing communications, regardless of format or medium, should be easily identifiable, allowing consumers to clearly distinguish between commercial and non-commercial content.
Identification disclosures should be prominent, clear, easily legible and appear in close proximity to the commercial message where they are unlikely to be overlooked by consumers.
Marketing communications should be transparent about their true commercial purpose, and not misrepresent it. Hence, a communication promoting the sale of goods, or the contracting of a service should not be disguised, for example as news, editorial matter, market research, consumer surveys, consumer reviews, user-generated content, private blogs, private postings on social media or independent reviews etc.
In the case of mixed content, such as with news or editorial matter or social media, the marketing communication element should be made clearly distinguishable as such, and its commercial nature should be transparent. It should be so presented that it is readily and immediately recognisable as a marketing communication and where appropriate, labelled as such.

Article 8. Identity of the marketer

The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty.
The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. “teaser advertisements”).

Swedish Advertisers' Guide to Successful Influencer Marketing; January 2019

The document sets out a checklist of how to work with Influencers. It includes some guidance on the regulatory issues; key clause in this context is the first bullet point:

That the influencer commits to follow the Consumer Agency's social media guide (SW) and the ICC Advertising and Marketing Communication rules
https://www.g-regs.com/downloads/SWConsAgencySocMediaGuidelines2020.pdf Guidance on Marketing in Social Media (EN) Guidance on Marketing in Social Media (EN)
While the link above takes you to a legitimate document, the most recent Consumer Agency Guidelines on Marketing in Social Media is here
The most recent review of this text (May 2025) indicates that the Swedish Advertisers document is now behind a pay/ membership wall

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SECTION C: NATIVE ADVERTISING

CONTEXT

Native advertising is online and offline advertising designed to fit in with its ‘habitat’, to give consumers a visually consistent experience. The key issue is obviously that of advertising Identifiability, covered extensively in self-regulation and legislation set out below

KEY RULES

The native form of advertising is like any other advertising - it’s subject to the content rules; in this context, the ICC Advertising and Marketing Communications Code (EN 2024), applied in its Swedish version by RO, the Self-Regulatory Organisation
The Marketing Act (linked below) also applies
The key general rule is that of identifiability/ disclosure. From the linked code above:

Article 7 of the ICC Code. Identification and transparency

Marketing communications, regardless of format or medium, should be easily identifiable, allowing consumers to clearly distinguish between commercial and non-commercial content;
Identification disclosures should be prominent, clear, easily legible and appear in close proximity to the commercial message where they are unlikely to be overlooked by consumers;
Marketing communications should be transparent about their true commercial purpose, and not misrepresent it. Hence, a communication promoting the sale of goods, or the contracting of a service should not be disguised, for example as news, editorial matter, market research, consumer surveys, consumer reviews, user-generated content, private blogs, private postings on social media or independent reviews etc.;
In the case of mixed content, such as with news or editorial matter or social media, the marketing communication element should be made clearly distinguishable as such, and its commercial nature should be transparent. It should be so presented that it is readily and immediately recognisable as a marketing communication and where appropriate, labelled as such.

Article 8. Identity of the Marketer

The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty.
The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. “teaser advertisements”)

The ICC’s Guidance on Native Advertising includes:

1. Consumers should be able to recognise when something is an ad. This principle is covered in Articles 9 (of the main ICC Code; article shown above), B1, and D1 as follows:

Article B1 (in part): Sponsorship should be recognisable as such. Article D1 (in part): The commercial nature of product endorsements or reviews created by marketers should be clearly indicated and not be listed as being from an individual consumer or independent body.

2. The identity of the advertiser should be easily ascertainable. This principle is covered by Articles 10 (of the main ICC Code; ~~article shown above~~) and 12, as follows: Article B12: Media Sponsorship (in part): Sponsored media properties should be identified as such by presentation of the sponsor’s name and/ or logo at the beginning, during and/ or at the end of the programme or publication content. This also applies to online material.

3. Disclosures should be prominent and understandable to consumers. This principle is covered in section 3 as follows: Article 3: Honesty: Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge. Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account

LEGISLATION

The Marketing Act (EN) covers the same identification issue under Section 9: ‘All marketing shall be formulated and presented in such a way that it is clear that it is a matter of marketing. The party responsible for the marketing shall also be clearly indicated. However, this does not apply to representations whose sole purpose is to attract attention ahead of follow-up representations’ (note - i.e. teaser advertising)
Annex I of the UCPD 2005/29/EC - the 'Blacklist' of Commercial Practices considered 'unfair in all circumstances' - is passed into Swedish law under the Swedish Code of Statutes. The two relevant articles are:

11. Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial). This is without prejudice to Council Directive 89/552/EEC (1)
22. Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer

OTHER GUIDANCE

Consumer Ombudsmen in the Nordic countries agreed to coordinate their efforts against hidden/ covert advertising in social media; guidance is expressed in their document The Nordic Consumer Ombudsmen's position on hidden marketing, unofficially translated here; see also the Swedish Consumer Agency's Advertising identification in social media (SW 2021);
IAB Europe’s December 2016 How to Comply with EU Rules Applicable to Online Native Advertising provides some categories of Native ads, some good practice recommendations, and a summary of EU rules and their December 2021 Guide to Native Advertising provides 'up-to-date insight into native ad formats and key considerations and best practices for buyers.'

RULING

One of Sweden’s major newspapers teamed up with a telecom operator who finances a particular section of the newspaper under the title ‘The Digital Life’. This section and all of its material, including promotions of products which the telecom operator was about to launch, appear as the newspaper’s editorial content; the only disclosure of the commercial nature of the presented material is the discrete appearance of the text ‘in collaboration with’ followed by the telecom operator's trademark. The Swedish Consumer Agency assessed that the practice was in breach of Point 11 of Annex I UCPD. Case reference: Ärenden 2016/53 and 2015/1000:

http://diabasweb.kov.se/arenlist.asp

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Following feedback, we no longer cover Telemarketing

SECTION C: DIRECT POSTAL MAIL

OVERVIEW

All of the content rules set out in section B apply to DM advertising/ marcoms as defined in the iCC code linked below, except rules that are broadcast-specific;
This section does not address ‘mail drops’ as in the delivery of unaddressed leaflets, flyers etc., though those may remain subject to advertising content rules. These paragraphs cover addressed mail (including those addressed to ‘the occupier’ etc.) in ‘hard’ form;
The self-regulatory code applied by RO is the ICC Advertising and Marketing Communications Code (EN 2024). Content and channel rules from the Marketing Act also apply in DM. See our content section B;
The data processing legislation that applies before transmission is not shown here; be aware that if data processing includes personal data (that which identifies an individual) then it may be subject to the GDPR, directly applicable in all member states. Swedish legislation complements the GDPR with the new Data Protection Act 2018:218 (SW), which repeals and replaces the former Personal Data Act 1998:204;
The following rules address the required information in the communication, the opt-out process, and consumer consent in order to send it

LEGISLATION

Section 21 of the Marketing Act provides for opt-out consent: ‘A trader may use methods for individual distance communication other than those referred to in Section 19 (electronic systems), unless the natural person has clearly objected to the use of such methods’
Direct mail marketing is therefore allowed to individual subscribers unless they have clearly objected to receiving advertising; applicable to B2C and not to B2B. The opt-out principle should apply to B2B in absence of regulation, but legal advice should be sought in the event of uncertainty
Section 4 of the Marketing Act applies Annex I of the Directive 2005/29/EC in Swedish law. The Government has published the relevant annex in the Swedish Code of Statutes. Annex I is the ‘Blacklist’ – 31 commercial practices in all circumstances considered unfair. No. 26 of the list is ‘Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation.’

Invitation to purchase

Defined in EU legislation UCPD 2005/29/EC as ‘a commercial communication that indicates characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase.’ DM can include this kind of advertising, hence the rules below. From Section 12 of the Marketing Act, which implements the UCPD, among others:

In a representation where the trader offers consumers a specific product with a stated price the following material information must be provided:

1. The product’s distinguishing characteristics to the extent appropriate to the media and product

2. Price and unit price stated as stipulated in Sections 7-10 of the (SW) Price Information Act (2004:347)

3. The identity and geographical address of the trader

4. Terms and conditions of payment, delivery, performance and processing of complaints if these deviate from normal practice in the industry or for the product in question

5. Information concerning the right of withdrawal or the right to cancel a purchase, which must be supplied to the consumer by law

Failure to clearly present the information listed under Section 12 will be regarded as misleading marketing. Marketing will also be deemed misleading if the trader in a representation offers consumers several specific products at a common price, without the offer containing material information under points 1-5 in the bullet point above

SELF-REGULATION

The ICC Code

Rules applicable to 'Data-driven marketing, Direct Marketing and Digital Marketing Communications' (scope includes non-digital) are in Chapter C of the ICC Advertising and Marketing Communications Code (EN 2024);
The chapter is structured such that there are general provisions applicable to all three disciplines (Responsibility, identification and transparency, presentation of the offer, transparency on cost of communication and respect for children) and a number of more specific requirements under each header;
The Direct Marketing requirements, obviously most relevant in this context, include: Respecting the wish not to receive communications, prices and credit terms, fulfillment of orders, substitution etc. i.e. covering more 'transactional' ground. Check out the code for requirements

SWEDMA

The Swedish Direct Marketing Association is a well-established and respected trade association, publishing rules/ guidelines that can be found here (SW)

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SECTION C: EVENTS/ SPONSORSHIP

Ambush marketing: the European summer of sport
Taylor Wessing May 16, 2024

STANDARD RULES

Sponsorship material associated with an event, i.e. collateral material such as leaflets, brochures etc., is subject to the rules set out in our content section B, except those rules specific to broadcast media; the applicable self-regulatory code in Sweden is the ICC Advertising and Marketing Communications Code (EN 2024)
The general sponsorship rules, i.e. those that cover issues of respect of the sponsored property, ambushing, data capture etc. and that apply to all product categories are from Chapter B of the ICC Code linked above; clauses follow. For scope, definitions etc., see the linked code

B1. Principles governing sponsorship

All sponsorship should be based on contractual obligations between the sponsor and the sponsored party. Sponsors and sponsored parties should set out clear terms and conditions with all other partners involved, to define their expectations regarding all aspects of the sponsorship deal.
The terms and conduct of sponsorship should be based upon the principle of good faith between all parties to the sponsorship.
There should be clear communication about the specific rights available for sponsorship from the rights holder, including the timing of the sponsorship commitment and the scale of coverage, such as territory.
Sponsored parties should retain the sole discretion to determine the value of the sponsorship rights they offer and the suitability of a potential sponsor. Furthermore, both parties should reserve the right to terminate the sponsorship agreement based on the terms outlined in the contract.

B2. Autonomy and self-determination

Sponsorship should respect the autonomy and self-determination of the sponsored party in the management of its own activities and properties, as long as the sponsored party meets the requirements set in the sponsorship agreement and those actions do not damage the reputation of the sponsor.

B3. Imitation and confusion

Both sponsors and sponsored parties, along with anyone else involved, should avoid imitation of other sponsorships if it could mislead or cause confusion, even with non-competing products, businesses or events.

B4. 'Ambushing' of sponsored properties

No party should falsely pretend, associate or mislead to be a sponsor of any event or media coverage of an event, whether sponsored or not, unless they are indeed an official sponsor.
The sponsor and sponsored party should each make sure that any actions they take against ‘ambush marketing’ are proportionate and do not damage the reputation of the sponsored property, event or image, or unfairly affect the general public.

B5. Respect for the sponsorship property and the sponsor

Sponsors should take particular care to protect the unique features including artistic, cultural, sporting or other content of the sponsorship property. They should avoid any abuse of their position which might damage the identity, dignity, or reputations of the sponsored party or the sponsorship property.
The sponsored party should not harm, obscure, deform or bring into disrepute the image or trademarks of the sponsor, or risk damaging the goodwill or public esteem associated with them.

B6. The sponsorship audience

The audience should be clearly informed of the existence of a sponsorship with respect to a particular event, activity, programme, including branded giveaways and similar, or person and the sponsor’s own message should not be likely to cause offence. Any posts on social media by the sponsored party should be transparent and properly identified. The sponsor should also be mindful of the professional values of the sponsored party and audience.
This article is not, however, intended to discourage sponsorship of avant-garde or potentially controversial artistic/cultural activities, or to encourage sponsors to exercise censorship over a sponsored party’s message.
Branded sponsorship or entertainment events that primarily target children or teens should comply with Chapter E Children and Teens.

B7. Data capture/data sharing

If personal data is used in connection with sponsorship, the provisions of article 22 are applicable.

B8. Artistic and historical objects

Sponsorship should not put art or historical items at risk. Where a sponsorship is meant to protect, restore, or maintain cultural, artistic or historical properties or spread awareness about them, it should respect the public interest in them.

B9. Social and environmental sponsorship

Both sponsors and sponsored parties should take into consideration the potential social or environmental impact of the sponsorship when planning, organising and carrying out the sponsorship.
If a sponsorship message claims to have a positive social or environmental effect (or less harm), it should be backed up with evidence of actual benefits. Parties to the sponsorship should respect the principles set out in the ICC Business Charter for Sustainable Development.
If the sponsorship makes any environmental claims, they should align with the rules in Chapter D and the ICC Framework for Responsible Environmental Marketing Communications.

B10. Charities and humanitarian sponsorship

Sponsorship of charities and other humanitarian causes should be undertaken with sensitivity and care, to ensure that the work of the sponsored party is not adversely affected.

B11. Multiple sponsorship

Where an activity or event requires or allows several sponsors, the individual contracts and agreements should clearly set out the respective rights, limits and obligations of each sponsor, including, but not limited to, details of any exclusivity.
In particular, each member of a group of sponsors should respect the defined sponsorship fields and the allotted communication tasks, avoiding any interference that might conflict with another sponsor’s rights to the property.
The sponsored party should inform any potential sponsor of all the sponsors already a party to the sponsorship. The sponsored party should not accept a new sponsor without first ensuring that it does not conflict with any rights of sponsors who are already contracted and, where appropriate, informing the existing sponsor

B12. Media sponsorship

The content and scheduling of sponsored media properties should not be unduly influenced by the sponsor so as to compromise the responsibility, autonomy or editorial independence of the broadcaster, programme producer or media owner, unless the sponsor is legally allowed to be the producer, media owner, or funder.
Sponsored media properties should be identified as such, i.e. by clearly showing the sponsor’s name and/or logo at the start, during and/or at the end of the programme or content. This also applies to online and in social media, including any influencer involvement.
Particular care should be taken to ensure that there is no confusion between sponsorship of an event or activity and the media sponsorship of that event, especially where different sponsors are involved.

B13. Responsibility

Since sponsorship is a mutual agreement, the onus for observing the Code falls jointly on the sponsor and the sponsored party, who together share the ultimate responsibility for all aspects of the sponsorship, whatever its kind or content. Anyone taking part in the planning, creation or execution of any sponsorship has a degree of responsibility, as defined in Article 24 of the General Provisions, for ensuring the observance of the Code towards those affected, or likely to be affected, by the sponsorship.

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The European Sponsorship Association (ESA) may also be able to help/ inform

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SECTION C: SALES PROMOTIONS

CONTEXT

This website was created to provide international rules on marketing communications; it does not claim authority on specific Sales Promotions (SP) regulation, especially retail legislation. However, in the course of extensive research in marketing, relevant rules will be included. National self-regulatory codes and consumer protection legislation, for example, are checked for any provisions that affect SP and included below. SP can be fraught with regulatory challenges and severe consequences in the event of mishap; the advice of specialists should be sought.

Sales promotional material is required to observe the content rules set out in our section B, including broadcast rules (that prohibit appeal to children) in the event that a promotion is in that channel
This March 2021 piece from Wistrand via Lex ‘Prohibited and controlled advertising in Sweden’ includes guidance/ regulatory background for e.g. lotteries and promotional contests

LEGISLATION

Pricing is obviously relevant to Sales Promotions. In March 2022, in force July 1,the Swedish government published a bill here (SW) transposing the 'Omnibus Directive' 2019/2161, which inter alia amended the Product Price Directive. Provisions from that include new promotional pricing rules, set out in the article extracted from the Directive here and transposed under article 2.2 of the Swedish bill

Annex I of the Unfair Commercial Practices Directive 2005/29/EC, transposed in Section 4 of Sweden’s Marketing Act (EN; does not include 2019/2161 amends), sets out the commercial practices ‘in all circumstances considered unfair’. Shown below are only the most relevant practices for this SP context:
- 5. Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising);
- 6. Making an invitation to purchase products at a specified price and then: (a) refusing to show the advertised item to consumers; or (b) refusing to take orders for it or deliver it within a reasonable time; or (c) demonstrating a defective sample of it, with the intention of promoting a different product (bait and switch);
- 7. Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice;
- 14. Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products;
- 15. Claiming that the trader is about to cease trading or move premises when he is not;
- 16. Claiming that products are able to facilitate winning in games of chance;
- 19. Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent;
- 20. Describing a product as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.

MORE LEGISLATION

The e-Commerce Directive 2000/31/EC is part-implemented in Sweden by the Law 2002: 562 (SW) on electronic commerce and other information society services. The directive carries two additional requirements, not shown in the Swedish law linked above and not explicit in the Marketing Act, under article 6 of the directive:

C) Promotional offers, such as discounts, premiums and gifts, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously
D) Promotional competitions or games, where permitted in the member state where the service provider is established, shall be clearly identifiable as such, and the conditions for participation shall be easily accessible and be presented clearly and unambiguously

We have been unable to trace where these clauses are specifically implemented in Swedish law. RO advise us that they are ‘covered’ under sections 12 (Material information) and 10 (Misleading omission) respectively of the Marketing Act (EN). The Information requirements under the self-regulatory ICC Code Chapter A below are more specific:

THE SCA AND SELF-REGULATION

Sales Promotion activity can often attract attention from statutory authorities, especially in Sweden where e.g. the Swedish Consumer Agency (SCA) is active, so particular attention should be paid to the marketing and pricing laws that we have referenced and that others may highlight; the SCA's price information rules are here (SW). These set out when it is permissible to use terms such as "free", "sale", "clearance sale" and "lowest price guarantee".
The self-regulatory authority RO frequently adjudicate on promotional work and make their decisions based on the ICC Advertising and Marketing Communications Code (EN 2024), obviously the Swedish version. The code carries a whole Chapter (A) on Sales Promotion;
This is an extensive section of the Code so we have not set it out here, except for the 'flavour' and significant ground covered by Article A1 below. As with all aspects of the ICC Code, it pays close attention to the legal landscape so provisions will be consistent with that, if sometimes necessarily broader in order to cover multiple jurisdictions.

Article A1 – Principles governing sales promotions

All sales promotions should interact with consumers in a fair, transparent, respectful and honourable way while upholding the Code’s data protection and privacy principles:

the design and implementation of sales promotions should align with the consumers’ reasonable expectations as set by the promotion;
the administration of sales promotions and the fulfilment of any obligation arising from them should be prompt and efficient and consistent with the presentation of the promotion;
the terms and conduct of all sales promotions should be transparent to all participants;
all sales promotions should be framed in a way which is fair to competitors and others in the market;
sales promotions that primarily target children or teens should comply with Chapter E children and teens;
no promoters, intermediaries or others involved should do anything likely to bring sales promotions into disrepute.

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SECTION D SRO SERVICES

The Advertising Ombudsman can be reached via e-mail ro@reklamombudsmannen.org; their website in English can be found at https://reklamombudsmannen.org/en/

Specific copy advice is recently available in Sweden. RO does not pre-clear

CLEARANCE

Direct to broadcaster

Allow 3-5 days TV/VOD

For help contact the Traffic Bureau administration@trafficbureau.net

SECTION E SOURCES/ LINKS

EUROPEAN LEGISLATION

GDPR

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). The GDPR came into force May 25 2018. The GDPR is accompanied by Directive 2016/680, which is largely concerned with supervising procedures, and which should have been transposed into member states’ legislation by 6th May 2018.

https://eur-lex.europa.eu/eli/reg/2016/679/oj

European Data Protection Authority 

Article 29 Working Party/ EDPB

The Article 29 Working Party was established under article 29 (hence the name) of Directive 95/46/EC, the Personal Data Protection Directive. The arrival of the GDPR heralded the demise/ re-working of A29WP, and its replacement by the European Data Protection Board:

https://edpb.europa.eu/.

All documents from the former Article 29 Working Party remain available on this newsroom

Article 29 Working Party archives from 1997 to November 2016:

http://ec.europa.eu/justice/article-29/documentation/index_en.htm.

Five more recent, significant documents:

Guidelines 03/2022 on deceptive design patterns in social media platform interfaces: how to recognise and avoid them
Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679
Guidelines on consent under Regulation 2016/679 (May 2020)
Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR. Adopted on 12 March 2019
Guidelines 8/2020 on the targeting of social media users adopted April 2021

Commercial practices: UCPD

Directive 2005/29/EC of The European Parliament and of The Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (the ‘Unfair Commercial Practices Directive’ UCPD). This is the legislation that most impacts marketing and advertising in Europe and whose origins form the foundations of self-regulatory regimes. The core provisions relate to unfair commercial practices, defined as ‘likely to materially distort the economic behaviour with regard to the product of the average consumer.’ In turn, unfair commercial practices are those that:

are misleading (misleading actions or misleading by omission) as set out in Articles 6 and 7, or
are aggressive as set out in Articles 8 and 9: ‘use of harassment, coercion and undue influence.’ This clause more often relates to ‘active conduct’.

Annex I (known as ‘the blacklist’) contains the list of those commercial practices which ‘shall in all circumstances be regarded as unfair’. These are the only commercial practices which can be deemed to be unfair without a case-by-case test (i.e. assessing the likely impact of the practice on the average consumer's economic behaviour). The list includes e.g. encouragement to children to ‘pester’ (28), clear identification of commercial source in advertorial (11) and making ‘persistent and unwanted solicitations’ (26). The UCPD includes several provisions on promotional practices e.g. Article 6 (d) on the existence of a specific price advantage, Annex I point 5 on bait advertising, point 7 on special offers, points 19 and 31 on competitions and prize promotion, and point 20 on free offers. Some amendments to Directive 2005/29/EC are provided in Directive 2019/2161 linked below; these in force in member states May 2022.

https://eur-lex.europa.eu/eli/dir/2005/29/oj
Guidance: On 17 December 2021, the European Commission adopted Commission Notice on the interpretation and application of the Unfair Commercial Practices Directive (‘the UCPD Guidance’), updating the 2016 version.

The Omnibus Directive

Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules. This directive, which 'aims to strengthen consumer rights through enhanced enforcement measures and increased transparency requirements', sets out some new information requirements related to search rankings and consumer reviews under the UCPD 2005/29/EC and pricing information under Directive 2011/83/EU in the context of automated decision-making and profiling of consumer behaviour, and price reduction information under the Product Pricing Directive 98/6/EC. More directly related to this database, and potentially significant for multinational advertisers, is the clause that amends article 6 (misleading actions) of the UCPD adding ‘(c) any marketing of a good, in one Member State, as being identical to a good marketed in other Member States, while that good has significantly different composition or characteristics, unless justified by legitimate and objective factors’. Recitals related to this clause, which provide some context, are here. Helpful explanatory piece on the Omnibus Directive 2019/2161 from A&L Goodbody via Lex here. Provisions in force in member states by May 2022.
https://eur-lex.europa.eu/eli/dir/2019/2161/oj

Pricing

Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers. The purpose of this Directive is to stipulate indication of the selling price and the price per unit of measurement of products offered by traders to consumers in order to improve consumer information and to facilitate comparison of prices (Article 1). For the purposes of this Directive, selling price shall mean the final price for a unit of the product, or a given quantity of the product, including VAT and all other taxes (Article 2a). While this legislation seems prima facie most suited to ‘goods on shelves’ as it requires unit prices (the final price, including VAT and all other taxes, for one kilogramme, one litre, one metre, one square metre or one cubic metre of the product), the Directive was used as the basis for a significant ECJ judgement on car pricing in advertising. Some amendments to Directive 98/6/EC related to price reduction information are provided in Directive 2019/2161 linked above; in force in member states by May 28, 2022. The article concerned, 6a, is extracted here. Commission guidance on its application is below this entry.

https://eur-lex.europa.eu/eli/dir/2019/2161/oj

Commission notice: Guidance on the interpretation and application of Article 6a of Directive 98/6/EC of the European Parliament and of the Council on consumer protection in the indication of the prices of products offered to consumers:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021XC1229(06)&from=EN

Comparative advertising

Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising. Article 4 of the MCAD provides that comparative advertising is permitted when eight conditions are met. The most significant of those for our purposes are a) it is not misleading within the meaning of Articles 2 (b), 3 and 8 (1) of this Directive or articles 6 and 7 of Directive 2005/29/EC (see above) and b) it compares goods or services meeting the same needs or intended for the same purpose. There are other significant conditions related to denigration of trademarks and designation of origin, imitation and the creation of confusion. Codified version:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32006L0114

Audiovisual media

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services: the Audiovisual Media Services Directive, or AVMSD. This is the codified version of the much-amended Directive 89/552/EEC and represents the core European broadcast legislation, providing significant structural and content rules, applied largely consistently across member states. From a marcoms perspective, the core articles are 9 (Discrimination, safety, the environment, minors and some prohibitions), 10 (Sponsorship), 11 (Product Placement) and 22 (Alcoholic beverages rules).

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32010L0013

AVMSD amendment

Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities. The background to this significant development of the AVMSD is here. In broad terms, the Directive addresses the changes in media consumption in recent years and pays particular attention to the protection of minors in that context, extending rules to e.g. shared content on SNS. There are ‘strengthened provisions to protect children from inappropriate audiovisual commercial communications for foods high in fat, salt and sodium and sugars, including by encouraging codes of conduct at EU level, where necessary’. See article 4a. Rules for alcoholic beverages are extended to on-demand audiovisual media services, but those provisions (social/ sexual success etc.) are not amended.

Article 28b addresses video- sharing platform providers (VSPS), containing requirements to prevent violent, criminal, or otherwise offensive material and bringing the 'general' AV commercial communication rules such as those for the environment, human dignity. discrimination, minors etc. into these platforms. VSPS must also provide a functionality for users who upload user-generated videos to declare whether they contain commercial communications as far as they know or can be reasonably expected to know; VSPS must accordingly inform users. There has been some debate as to whether vloggers/ influencers are in scope, i.e. they or their output constitute an audiovisual media service. Definitive opinion/ recommendation is from the European Regulators Group for Audiovisual Media Services (ERGA) paper 'Analysis and recommendations concerning the regulation of vloggers.' The annex of the paper contains national examples. The Directive entered into force 18th December 2018; member states were required to have transposed into national law by 19th September 2020.

https://eur-lex.europa.eu/eli/dir/2018/1808/oj

e-Privacy

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, the ‘E-privacy Directive’). This Directive ‘provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector.’ The directive was amended by Directive 2009/136/EC; the ‘Cookie directive’, provisions found under article 5.3 of the E-Privacy Directive. Article 13 for Consent and ‘soft opt-in’ requirements

https://eur-lex.europa.eu/eli/dir/2002/58

The ‘Cookie Directive’ 2009/136/EC amending Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. Article 2 provides amends to the E-privacy Directive above

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009L0136

e-Privacy Regulation draft (10 February 2021)

Abandoned February 2025

Proposal for a Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications):

~~https://data.consilium.europa.eu/doc/document/ST-6087-2021-INIT/en/pdf~~

Statement on the ePrivacy Regulation and the future role of Supervisory Authorities and the EDPB. Adopted on 19 November 2020:
https://edpb.europa.eu/sites/default/files/files/file1/edpb_statement_20201119_eprivacy_regulation_en.pdf

February 2022 Clifford Chance/ Lex E-Privacy check-in: where we are, and where we're headed
March 2022 Härting Rechtsanwälte/ Lex ePrivacy Regulation: EU Council agrees on the draft

e-Commerce

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce'). ‘information society services’ are defined as ‘any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.’ Article 5 covers general information such as contact details from the ‘service provider’, which information should be made ‘easily, directly and permanently accessible to the recipients of the service’. The Directive also sets out under article 6 more specific information requirements for commercial communications which are part of, or constitute, an information society service. These include identifiability requirements and accessibility to conditions for promotions.

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32000L0031

The Digital Services Act

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act). European Commission pages on the DSA are here. Wikipedia entry is here. Helpful legal commentary, which also addresses the Digital Markets Act, is from DLA Piper/ Lex February 2023: Online advertising: A regulatory patchwork under construction. Key marcoms issues for advertisers/ platforms are the identification of advertising material and parameters used for its targeting and the prohibition of advertising based on profiling that uses using special data categories such as religious belief, health data sexual orientation etc. (art.26), or if the platform has reason to believe the recipient is a minor (art. 28). The Regulation applies from February 2024.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32022R2065

The Digital Markets Act

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act). European Commission pages are here; from those: 'Some large online platforms act as "gatekeepers" in digital markets. The Digital Markets Act aims to ensure that these platforms behave in a fair way online. Together with the Digital Services Act, the Digital Markets Act is one of the centrepieces of the European digital strategy.' Wikipedia entry is here. Article 2a prohibits the processing, for the purpose of providing online advertising services, personal data of end users using services of third parties that make use of core platform services of the gatekeeper, unless the end user has been presented with the specific choice and has given consent within the meaning of Article 4, point (11), and Article 7 of Regulation (EU) 2016/679. The Regulation entered into force on 1st November 2022 and applied on 2nd May, 2023. Gatekeepers will be identified and they will have to comply by 6th March 2024 at the latest.

https://eur-lex.europa.eu/eli/reg/2022/1925

NATIONAL LEGISLATION

The Marketing Act

The Marketing Act SFS 2008:486 (Marknadsföringslagen - MFL); entry into force 01/07/2008. This act, highly influential in marketing/ advertising in Sweden, implements the Unfair Commercial Practices Directive 2005/29/EC and some provisions of the ePrivacy Directive, and aims to prevent marketing that is unfair to consumers and traders (Section 1). It incorporates rules from Misleading and Comparative Advertising Directive (MCAD) 84/450/EEC now codified in the form of 2006/114/EC, sets out general rules on commercial communications and ‘invitations to purchase’ and covers B2C and B2B relationships. Relevant sections are 9, 19, 20, 20a, 21 which incorporate provisions of Article 13 E-Privacy Directive (as amended by 2009/136/EC) concerning the use of unsolicited advertising via email. Consolidated text, including the amends referenced in the italicised para below introduced by 2022:656 and effective September 1, 2022:

http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Marknadsforingslag-2008486_sfs-2008-486/

https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/marknadsforingslag-2008486_sfs-2008-486

English version of 2008:486 (not up to date; last updated 03/01/2011)

http://www.government.se/content/1/c6/05/03/14/6c7aa374.pdf

Updated, but not including amends related to the 2019/2161 Directive:

http://www.g-regs.com/downloads/SWMktingActTransupdate.pdf

In March 2022, the Swedish government published a bill 2021/22:174 linked here (SW) Ett moderniserat konsumentskydd (Modernised consumer protection) which established the transposition of the 'Omnibus' Directive 2019/2161. The Marketing Act is the recipient for the amends the Directive made to the UCPD which for our purposes were three, essentially: the requirement to make available search ranking criteria, that traders ensure that consumer reviews originate from consumers who have actually used or purchased the product and the prohibition of 'any marketing of a good, in one Member State, as being identical to a good marketed in other Member States, while that good has significantly different composition or characteristics, unless justified by legitimate and objective factors.’ (from the Directive). The government bill sets out these amends under article 2.4. with detail thereafter.

Price

The Price Information Act (SFS 2004:347 Prisinformationslag). This act requires that consumers be given accurate and clear pricing information on products. The Marketing Act states in Section 12 (2) that where a product is marketed with a stated price, the price and unit price must be expressed as stipulated in Articles 7-10 of the Price Information Act. This provision has been confirmed by the regulatory authority the Swedish Consumer Agency, whose guidance on price information is in the form of Regulation KOVFS 2012:1 (Section 2). In March 2022, the Swedish government published bill 2021/22:174 linked here (SW) Ett moderniserat konsumentskydd (Modernised consumer protection) which established the transposition of the 'Omnibus' Directive 2019/2161. That Directive amended the Product Price Directive 98/6/EC to introduce new promotional pricing rules in article 6a here which require that 'Any announcement of a price reduction shall indicate the prior price applied by the trader for a determined period of time prior to the application of the price reduction.' (from the Directive; extract only). The Price Information Act is amended accordingly, under article 2.2. of the government bill. The link below includes the amends under section 7a, in force September 1, 2022.

http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Prisinformationslag-2004347_sfs-2004-347/

Unofficial, non-binding English translation here; does not include 2022 amends

Channel legislation

TV and radio

Radio and Television Act (SFS 2010:696). This Act implements the Audiovisual Media Service (AVMS) Directive 2010/13/EU. It applies to Broadcasters established in Sweden (Sect. 3 (1)). Specific provisions are for product placement (Ch. 6), sponsorship (Ch. 7) and commercial communications (Ch. 8). Provisions for radio advertising are covered in Chapter 15; the Act also covers on-demand TV. Provisions exceed the AVMS Directive in as much as advertising ‘may not aim to appeal to children under the age of twelve’; programmes primarily aimed at children U12 may not be surrounded or interrupted by advertising (Ch. 7, 8 (3) & Ch. 6 (2)). Consolidated text (Swedish):

http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Radio--och-tv-lag-2010696_sfs-2010-696/

GRS translation of key provisions:

http://www.g-regs.com/downloads/SERadio_TVActTSc.pdf

This act was amended effective November 2020 by SFS 2020:875 in order to address the amends to the AVMSD by Directive 2018/1808 (see above, or the linked file). Amended act here in Swedish

Broadcast authority

The Swedish Broadcasting Authority (Myndigheten för Radio och TV). Formed 1 Aug 2010 by merging the previous agencies the Broadcasting Commission and the Swedish Radio and TV Authority. The Authority make decisions regarding licenses, fees and registration for radio and television, as well as supervising radio and television broadcasts, on-demand services and teletext.

~~http://www.radioochtv.se/en/~~

~~http://www.radioochtv.se/Tillstand-och-registrering/Regler-om-tillstand/~~

The Swedish Media Authority (Mediemyndigheten) is a Swedish government administrative agency under the Ministry of Culture that was formed on January 1, 2024 when the Swedish Media Council was incorporated into the Swedish Press, Radio and Television Authority (MPRT). Their laws, ordinances and regulations pages are here.

https://mediemyndigheten.se/english/

https://mediemyndigheten.se/

Privacy

Data processing

Data Protection pre-GDPR (see above) was primarily the domain of the Personal Data Act 1998:204, which was repealed and replaced by the new Data Protection Act 2018:218 (SW). In force 25 May 2018. Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning. The Data Protection Authority (of the time) Datainspektionen made it clear that the new law complements GDPR but does not replace any of its aspects. The new law has not been translated; original Swedish here:

https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2018218-med-kompletterande-bestammelser_sfs-2018-218

Data authority

The Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten; IMY), formerly the Swedish Data Protection Authority Datainspektionen; a central government agency which reports to the Ministry of Justice. Its principal task is to protect the individual's privacy in the information society.

https://www.imy.se/en/

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Electronic communications

The Electronic Communications Act 2003:389 (Lag om elektronisk kommunikation - LEK) Issue 12/06/2003. Entry into force 25/07/2003. The ECA applies to electronic communication services and networks, including internet and telecommunication services and networks. The Act implements the E-Privacy Directive 2002/58/EC; an amendment in the form of Act 2011:590, implemented the Citizens Rights Directive 2009/136/EC, also known as the Cookie Directive. Entry into force 01/07/2011 (transitional provisions). Section 18 transposes Article 5 (3) E-Privacy Directive, courtesy of 2009/136/EC amendment. Consolidated text:

http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Lag-2003389-om-elektronisk-_sfs-2003-389/#overgang

e-Commerce

Act on electronic commerce and other information society services SFS 2002:562 (E-handelslagen) Issued 06/06/2002. Entry into force 01/07/2002. The law implements the Electronic Commerce Directive 2000/31/EC, laying down a minimum level of information required from Information Service providers. Relevant articles 8 and 9:

http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Lag-2002562-om-elektronisk-_sfs-2002-562/

The Swedish Consumer Agency's BÖ 2022:01 Ethical rules for direct sales to consumers is here:

https://publikationer.konsumentverket.se/produkter-och-tjanster/reklam-och-marknadsforing/bo-202201-etiska-regler-for-direkthandel-forsaljning-till-konsum

The Nordic Consumer Ombudsmen position ononline commerce and marketing; October 2015 (SW):

https://publikationer.konsumentverket.se/produkter-och-tjanster/reklam-och-marknadsforing/de-nordiska-konsumentombudsmannens-standpunkt-om-handel-och-mark

Swedish Consumer Agency (Konsumentverket)

A Government Agency which answers to the Ministry of Finance. Its Director-General is also the Consumer Ombudsman (Konsumentombudsmannen, KO). The Agency, along with others, is tasked with implementing the Government's consumer policy. It's responsible for reviewing marketing and advertising for whether it is misleading or unfair. Consumer law is from the Consumer Agency’s Statute Book Konsumentverkets författningssamling KOVFS. The KOVFS consists of regulations and general guidelines; the regulations are binding whilst the guidelines only guide. The Agency can take those to court who do not meet requirements, and can take measures against misleading advertising and other forms of marketing; unfair contract terms; incorrect price information; dangerous products and services etc. Advertising and Marketing guidance documents are here (SW)

http://www.konsumentverket.se/

Children

The Swedish Consumer Agency’s Guidance on marketing to children:

https://www.konsumentverket.se/marknadsratt-foretag/marknadsforing-till-barn-regler-for-foretag/

Influencers

The Swedish Consumer Agency Guidelines on marketing in social media:

https://www.konsumentverket.se/marknadsratt-foretag/influencers-reklaminlagg-regler-for-foretag/ (SW)

Environmental claims

These pages cover some general advice on the topic and more specific aspects such as definitions of environmental claims, the role of the Marketing Act, qualification and verification, tips, ecolabelling and climate compensdation

https://www.konsumentverket.se/marknadsratt-foretag/miljopastaenden-regler-for-foretag/

Nordic Ombudsmen guidance

Covert marketing

From the introduction: ‘It is important that consumers are not exposed to hidden marketing. Therefore, this is an area that is strongly prioritised by the Nordic Consumer Ombudsmen. This position, which expresses the Nordic Consumer Ombudsmen's opinion of advertising identification rules, has been developed to inform companies about how to act in order not to contravene the ban on hidden advertising’. Translation from the Finnish website here:

https://www.kkv.fi/en/decisions-and-publications/publications/consumer-ombudsmans-guidelines/international/nordic-position-on-covert-marketing

Translation showing the original Swedish document together with an English translation:

http://www.g-regs.com/downloads/SWGenNordicHiddenMarketingB.pdf

Social media

The Nordic Consumer Ombudsmen's position on marketing through social media. From the Introduction: ‘The position is technology neutral and applies regardless of how the social media is made available. When business people are marketing through social media, the general marketing rules should be followed. The following sections deal with the rules that traders should be especially aware of when marketing through social media.' In Swedish:

https://publikationer.konsumentverket.se/produkter-och-tjanster/reklam-och-marknadsforing/de-nordiska-konsumentombudsmannens-standpunkt-om-marknadsforing

Unofficially translated here:

http://www.g-regs.com/downloads/SWGenNordicOmbudsmenSocialMedia.pdf

e-Commerce

The position of the Nordic Consumer Ombudsmen on trading and marketing on the Internet; October 2015. This document has not yet been translated:

https://www.forbrugerombudsmanden.dk/media/46620/standpunkt-vedroerende-markedsfoering-og-ehandel-2010-rev-2015.pdf (SW)

SELF- REGULATION

Industry guidance and codes: RO

The Self-Regulatory Organisation in Sweden is Reklamombudsmannen (RO). From RO: ‘The main task of RO is to review commercial advertising and make sure advertising standards are kept high by self-regulating the industry. RO also inform and educate the public, the industry and the authorities about marketing ethics. RO uses the guidance of the Advertising and Marketing Communications Code from the International Chamber of Commerce (ICC Code) when assessing advertising'. Specific copy advice is available; RO does not pre-clear advertising. Individuals, companies and other organisations may file a complaint against commercial advertising that might be in breach. RO and their Jury/ Opinion Board (RON) review the advertising against the Code. Only commercial advertising aimed at the Swedish market can be assessed and not older than six months. Decisions are published on the RO website (English translation facility), as well as in newsletters and press releases, many of which receive significant attention. The 2024 ICC Code in Swedish is here:

https://icc.se/wp-content/uploads/2024/11/ICCs-Regler-for-reklam-och-marknadskommunikation-2024_DIGITAL.pdf

ICC

ICC Advertising and Marketing Communications Code 2018 (EN):

https://iccwbo.org/wp-content/uploads/sites/3/2018/09/icc-advertising-and-marketing-communications-code-int.pdf

ICC Advertising and Marketing Communications Code 2024 (EN):

https://iccwbo.org/wp-content/uploads/sites/3/2024/09/ICC_2024_MarketingCode_2024.pdf

ICC Advertising and Marketing Communications Code 2024 (SW):

https://icc.se/wp-content/uploads/2024/11/ICCs-Regler-for-reklam-och-marknadskommunikation-2024_DIGITAL.pdf

General Principles

Chapter A. Sales Promotion

Chapter B. Sponsorship

Chapter C. Direct Marketing and Digital Marketing Communications

Chapter D. Environmental Claims in Marketing Communications

Chapter E. Children and Teens (2024 code)

Additional ICC guidance and frameworks

(non-exhaustive)

The ICC Framework for Responsible Environmental Marketing Communications 2021. 'The updated 2021 Environmental Framework provides added guidance on some established environmental claims and additional guidance on some emerging claims' and 'a summary of the principles of the ICC Code including those outlined in Chapter D on environmental claims and supplements them with additional commentary and guidance to aid practitioners in applying the principles to environmental advertising.' Appendix I carries an Environmental Claims Checklist 'that marketers may find useful in evaluating their environmental claims.'
http://www.g-regs.com/downloads/iccenvironmentalframework_2021.pdf

In Swedish:

https://icc.se/wp-content/uploads/2022/04/ICC-Riktlinjer-Ansvarsfull-Marknadskommunikation-om-miljo-och-klimat_2022.pdf

ICC Resource Guide for Self-Regulation of Online Behavioural Advertising: It’s a ‘Resource Guide’, rather than rules per se, showing: explanation of global framework available for OBA self-regulation, checklist from existing OBA self-regulatory mechanisms on how to implement the global principles and links to further resources. The ICC's OBA rules are under C22 of their General Code; we have extracted the rules here

https://iccwbo.org/news-publications/policies-reports/icc-resource-guide-for-self-regulation-of-online-behavioural-advertising/

Mobile Supplement to the ICC Resource Guide for Self-Regulation of Interest-based Advertising

https://iccwbo.org/news-publications/policies-reports/mobile-supplement-icc-resource-guide-self-regulation-interest-based-advertising/

ICC Guide for Responsible Mobile Marketing Communications

https://iccwbo.org/news-publications/policies-reports/icc-guide-responsible-mobile-marketing-communications/

The ICC’s Guidance on Native Advertising

https://iccwbo.org/news-publications/policies-reports/icc-guidance-on-native-advertising/

EASA

European Advertising Standards Alliance. ‘EASA has a network of forty-one organisations representing twenty-seven advertising standards bodies (aka Self-Regulatory Organisations) from Europe and 14 organisations representing the advertising ecosystem (the advertisers, agencies and the media). EASA's role is to set out high operational standards for advertising self-regulatory systems, as set out in the Best Practice Model and EASA's Charter.’

http://www.easa-alliance.org/

Membership

http://www.easa-alliance.org/members

EASA’s Best Practice recommendations

Digital Marketing Communications (2023)

Online Behavioural Advertising (2021)

Influencer Marketing (2023)

Other codes and guidance

Swedish Advertisers’ Association

https://www.annons.se/swedish-association-for-marketing-and-advertising

This advertiser trade body is a member of the WFA (see below). It appears to have placed guidelines etc. behind a membership wall

Environmental claims: ISO

ISO 14021: 1999 Environmental labels and declarations. Self-declared environmental claims. Published in 1999 to provide guidelines for the use of self-declared claims. ISO 14021 covers environmental claims about products made under the sole responsibility of the businesses concerned, i.e. self-declared environmental claims. It establishes general requirements for any environmental claims and seeks to ensure the relevance and sincerity of such claims. It also defines the requirements for the 12 most common self-declared environmental claims In addition to the twelve selected claims, the standard provides general requirements for all self-declared environmental claims (18 in total such as - a self-declared environmental claim shall be accurate and not misleading, be substantiated and verifiable, be relevant to that particular product etc.). A specific symbol selected in the standard is the Mobius Loop which applies to the product or packaging and is used with claims of recyclable and recycled content. The ISO Standard 14021 document can be purchased on the www.iso.org site:

http://www.iso.org/iso/catalogue_detail?csnumber=23146

SWEDMA

Swedish Direct Marketing Association (in Swedish): SWEDMA is the trade association for companies engaged in direct or interactive marketing in Sweden. Swedma also manages the Opt-out registers NIX-Adresserat and NIX-Telefon, in addition to the Ethics Board for Direct Marketing

https://www.swedma.se/

Direct postal mail

Addressed Direct Mail rules; updated August 2012:

http://media.swedma.se/etiska_regler_adr_rev201208.pdf (SW)

Translation of the above:

http://www.g-regs.com/downloads/SWAddressedDMCodeEN.pdf

Unaddressed Direct Mail rules (not translated):

http://media.swedma.se/etiska_regler_odr_rev201208.pdf (SW)

An agreement between the National Consumer Agency and Swedma establishes that the distribution of unaddressed direct commercial mail does not include households that have made it clear that they do not wish to receive advertising, by the sign on the door or otherwise; material must be clearly identifiable as advertising, as must its source.

Email

Consumer email rules; updated August 2013

http://media.swedma.se/etiska_regler_epost_b2c_2013.pdf (SW)

English translation:

http://www.g-regs.com/downloads/SWEDMAemailb2cEN.pdf

Marketing to businesses by email (B2B) rules; updated April 2013

http://media.swedma.se/etiska_regler_epost_b2b_2013.pdf (SW)

English translation:

http://www.g-regs.com/downloads/SWEDMAEmailb2bEN.pdf

IAB Sweden

IAB Sweden is ‘the networking and knowledge platform for interactive advertising and digital marketing in Sweden’:

http://iabsverige.se/

Mina cookies website (administered by IAB Sweden):

http://www.minacookies.se/

IAB TCF Framework and GDPR from GALA/ Mondaq February 2022. News story here (EN)

WFA

This is the GDPR Guide for Marketers from the WFA (World Federation of Advertisers):

http://info.wfa.be/WFA-GDPR-guide-for-marketers.pdf

The WFA launched their Planet Pledge in April 2021

And Global Guidance on Environmental Claims April 2022

ESA

The European Sponsorship Association is at:

www.sponsorship.org

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Reduce

Advertising Rules Worldwide

Sweden

A. Overview

SECTION A OVERVIEW

B. Content Rules

SECTION B CONTENT RULES

C. Channel Rules

1. TV/Radio/VOD

SECTION C: TV & RADIO/ AV

2. Cinema/Press/Outdoor

SECTION C: CINEMA, PRINT, OUTDOOR

3. Online Commercial Communications

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

4. Cookies & OBA

SECTION C: COOKIES AND OBA

5. Emails & SMS

SECTION C: DIRECT ELECTRONIC COMMUNICATIONS

6. Own Websites & SNS

SECTION C: MARKETERS' OWN WEBSITES

7. Native Advertising

SECTION C: NATIVE ADVERTISING

8. Telemarketing

9. Direct Postal Mail

SECTION C: DIRECT POSTAL MAIL

10. Event Sponsorship/ Field Marketing

SECTION C: EVENTS/ SPONSORSHIP

11. Sales Promotion

SECTION C: SALES PROMOTIONS

D. Advice & Clearance

SECTION D SRO SERVICES

E. Links

SECTION E SOURCES/ LINKS