Swedish businesses and government agencies that use cloud services to store, share and collaborate on files need to be familiar with a variety of laws and regulations governing data storage and security. Here’s an in-depth look at some of the most important ones:
General Data Protection Regulation (GDPR)
The GDPR is a key piece of data protection legislation in Europe and has a direct impact on how Swedish companies process personal data. The GDPR aims to “…protect the fundamental rights and freedoms of individuals, and in particular their right to the protection of personal data.”
When it comes to cloud services, Swedish companies must ensure that information containing personal data is stored on servers in the EU unless the recipient company in the US has invoked the Data Privacy Framework and that you as a customer have assessed the company in question and ensured that requirements regarding legality, security and suitability are met.
Several American providers have solved this by placing servers in Europe. As a Swedish business or authority, you should be aware that the US CLOUD ACT allows US authorities to request data stored in US cloud services. This applies regardless of where the storage itself is located. A US cloud service is always subject to US law. Therefore, handling sensitive information, such as personal data, in a US cloud service is not considered authorized under the GDPR as privacy cannot be guaranteed.
OSL (Public Access and Secrecy Act)
The Public Access and Secrecy Act (OSL) is a central law in Sweden that regulates the availability and protection of information in the public sector. The OSL defines what information should be available to the public and what information must be protected by confidentiality for various reasons, such as privacy or national security.
When it comes to cloud computing, the OSL is relevant in several ways. If a public authority or organization uses cloud services to store or manage sensitive information subject to confidentiality under the OSL, they must ensure that the cloud service meets the confidentiality and data protection requirements under the law. In addition, public sector organizations need to consider the legal requirements and possible restrictions imposed by the OSL when planning to use cloud services, especially if these services are provided by foreign providers. There may be requirements that data subject to confidentiality cannot be stored outside Sweden or the EU/EEA, depending on the type of data and its classification under the OSL.
Security Protection Act
The Security Protection Act is an important law in Sweden that regulates the security and protection of information and systems that are of particular importance to national security. The law aims to prevent and manage threats and risks that could affect Sweden’s security, and it covers both public and private organizations that handle such sensitive information.
In the context of cloud computing, the Security Protection Act is relevant in several ways. For organizations handling information subject to security protection, it is crucial to ensure that the cloud services they use meet the high security requirements prescribed by the law. This includes requirements that the information must not fall into unauthorized hands and that access and handling of it is strictly controlled.
NIS2 (Network and Information Systems Directive 2)
NIS2 stands for ‘Network and Information Systems Directive 2’ and is an EU directive that aims to strengthen cybersecurity and cyber risk management within the Member States of the European Union. It is a follow-up to the original NIS Directive (NIS1) and builds on the previous advances in cybersecurity that the EU has sought to achieve.
NIS2 provides rules and guidelines to improve the ability to detect, manage and report incidents in networks and information systems, especially in areas of critical importance to society, such as energy, transport, healthcare and financial services.
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