The Swedish government has recently presented an inquiry proposing that the current Consumer Sales Act (1990:932) be replaced by a new act – the Act on Consumer Protection in Sales and Certain Other Contracts.
Through the new act, the Government intends to implement recent EU-directives in the area of consumer law, namely the Sale of Goods Directive (2019/771) and the Digital Content Directive (2019/770). The scope proposed for the new act covers both the same scope as the Consumer Sales Act and certain contracts in which a trader will supply or develop digital content or a digital service for a consumer. The provisions regarding digital content and digital services would also apply when digital content is supplied on a tangible medium that serves exclusively as a carrier of digital content e.g. a CD containing music. In the case of goods with digital elements, a smart TV for instance, the act’s provisions on sales of goods apply instead.
The provisions in the new act will, to a large extent, correspond to the existing consumer protection provisions. The most significant adjustment is the introduction of the provisions regarding digital content and digital services. In addition, the provisions on defects, liability periods and warranties will be adjusted. An interesting aspect is also the introduction of personal data as a means of payment for the purchase of digital content, which shows that personal data and other types of data really have a great commercial value in today's increasingly digitalized society.
At the moment the inquiry is out for public consultation, after which we expect the Government to publish a legislative proposal. According to the inquiry, the new act is proposed to enter into force on 1 January 2022.