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SwedenRegeringskansliets rättsdatabaser

Outsourcing secrecy law adds non-consensual social-service interventions

From 2 January 2027, the scope includes partly publicly funded private activities under Lag (2026:1637); the duty covers technical processing and storage, including subcontractors.

By Taxxa AI OyPublished 26 August 2026

Legal & Corporate IT, Cybersecurity & Data

Sweden’s confidentiality law for technical outsourcing adds private activities under lagen (2026:1637) om insatser inom socialtjänsten när samtycke saknas to its scopeGOV. This amendment takes effect on 2 January 2027. The addition concerns professionally conducted private activities that are at least partly publicly fundedGOV. Those activities are treated as public authorities for the purposes of the outsourcing confidentiality law.

The change matters when such an operator engages a company or another private party solely to process or store information technically. The statutory framework also treats a subcontractor participating in delivery of the supplier’s assignment as a service provider.

The underlying duty prohibits anyone who, through employment or otherwise, participates or has participated in the service provider’s relevant activities from unlawfully disclosing or using the information. Its wording covers former participants as well as current staff. The assignment must concern only technical processing or technical storage; the provision is not a general description of every service a contractor might perform.

Two successive versions of the scope provision take effect at the start of 2027GOV. SFS 2026:1627 takes effect on 1 January 2027Svenskforfattningssamling. Its list refers to lagen (2026:1600) om omhändertagande för vård av barn och unga, replacing the reference to lagen (1990:52) med särskilda bestämmelser om vård av unga. The version taking effect on 2 January retains that reference and adds lagen (2026:1637). The two amendments consequently apply on successive days.

The January 2 version retains the other listed categories, including qualifying private education, healthcare and dental-care activities, social services, care for substance misuse, disability support and personal assistance funded through assistance benefit. It also retains the categories of municipal or regional entities under legally controlling influence and bodies listed for specified activities in the appendix to offentlighets- och sekretesslagen. The public-funding and professional-activity conditions remain central to the private-activity limb.

The scope changes are made in 2 § lagen (2020:914) om tystnadsplikt vid utkontraktering av teknisk bearbetning eller lagring av uppgifterSvenskforfattningssamling through SFS 2026:1627 and SFS 2026:1650GOV.

Check that technical processing and storage arrangements, including subcontractors, cover the activities added to section 2 from 2 January 2027.

Sources