Autonomous vehicles law and regulation in Sweden

The primary regulation governing road traffic in Sweden is the Swedish Road Traffic Regulation (Sw: Trafikförordning (1998:1276)) (the “Traffic Regulation”). The Traffic Regulation outlines general safety rules for all road users as well as specific rules for motor vehicles and highways. All road users shall exercise the care and caution required by the circumstances to avoid road accidents. Neither the Traffic Regulation nor any other Swedish legislation includes specific provisions addressing the use of AVs. Thus, there are currently no explicit legal prohibitions against the operation of AVs as such (including SAE Levels 2-4) in Sweden, provided that such vehicles have been granted appropriate type approval(s).

Nevertheless, there is a regulatory framework in place in Sweden regulating the testing of AVs on public roads, consisting primarily of the following regulations and guidelines (the “Framework”):

• The Ordinance on Experimental Operations with Autonomous Vehicles (Sw: Förordning (2017:309) om försöksverksamhet med självkörandefordon) (the ”Ordinance”), available (only in Swedish) here
• The Swedish Transport Agency’s Regulations and General Advice on Permits for Testing on Automated Vehicles (Sw: Transportstyrelsens föreskrifter och allmänna råd om tillstånd att bedriva försök med automatiserade fordon, TSFS 2021:4) (the ”Testing Regulation and General Advice”), available (only in Swedish) here.
• The Swedish Transport Agency’s Supplementary Information for Application of Permit for Experimental Operations with Automated Vehicles (Sw: Kompletterande upplysningar för ansökan om tillstånd för försöksverksamhet med automatiserade fordon, Vägledning för TSFS 2021:4) (the” Supplementary Information”), available (only in Swedish) here.

The Framework does not explicitly mention the different SAE Levels. However, the Ordinance (and the Supplementary Information) state that “automated vehicles” shall mean “Vehicles equipped with an automated driving system that can independently control and operate the vehicle for all or part of the journey” (CMS Sweden’s in-house translation) . As such, we deem that it is likely that SAE Levels 3- 4, but not Level 2, are covered by the Framework.

In accordance with the Framework, testing of AVs on public roads requires a permit from the Swedish Transport Agency (Sw: Transportstyrelsen). A permit may only be granted if the applicant demonstrates that traffic safety will be ensured during the testing and that the testing will not cause any significant disruption or inconvenience to the surrounding environment (the Ordinance, Section 4). For example, the application for a permit shall include a description of how the testing will be managed and how responsibility will be distributed, the geographical area and the specific roads where the testing will be conducted, and a risk assessment showing that the risks associated with the testing are managed to an acceptable level (the Testing Regulation and General Advice, Section 4). When operating an AV in connection with the testing, it is furthermore required that a physical driver is located inside or outside the vehicle (the Ordinance, Section 7).

There is currently no legislation regulating civil liability for damages related to the operation of AVs specifically (including, for example, cases involving accidents caused by decisions made by crash algorithms and/or cyberattacks). Instead, other general legislation regulating liability for damages and insurance apply. Such other legislation, which is briefly described below, include the Product Liability Act (Sw: Produktansvarslagen (1972:207)), the Motor Traffic Damage Act (Sw: Trafikskadelagen (1975:1410)) and the Tort Liability Act (Sw: Skadeståndslagen (1992:18).

Regarding criminal liability related to the operation of AVs, there are currently no specific provisions under Swedish law either. A brief description of the current legal situation regarding such criminal liability is however also provided below.

Civil liability

The Product Liability Act

In Sweden, the Product Liability Directive (85/374/EEC) has been implemented through the Product Liability Act, which aims to protect consumers from damages caused by product safety defects. The liability for damages under the Product Liability Act is strict, meaning that manufacturers shall compensate consumers for damages caused by safety defects regardless of whether the manufacturer has been negligent or not (the Product Liability Act, Section 1). A safety defect is defined as a product being less safe than reasonably expected, considering factors like usage, marketing, and instructions (the Product Liability Act, Section 3). Damages can arise from various types of defects, such as design defects, manufacturing defects, or instructional defects. However, manufacturers may invoke grounds for exemption from liability. For example, if the manufacturer can prove that the defect did not exist when the product was released, or if the defect could not have been discovered based on the scientific and technical knowledge available at the time (the Product Liability Act, Section 8).

The Motor Traffic Damage Act

The Motor Traffic Damage Act regulates traffic insurance and covers damages resulting from traffic that involves motor vehicles (the Motor Traffic Damage Act, Section 1). Traffic insurance is mandatory for all vehicles that are registered in the road traffic register with a few exceptions (e.g. for vehicles used by the Swedish Armed Forces (Sw: Försvarsmakten) under a specific agreement with the authority), and the obligation to cover such insurance lays on the owner of the vehicle (the Motor Traffic Damage Act, Section 2 and 3). The traffic insurance covers the owner’s, driver’s, or user’s personal liability for damages, meaning that it is not necessary to determine who is primarily responsible for an accident. Instead, the injured party may contact the vehicle’s insurance company and ask for compensation directly (SOU 2018:16, s. 597).

The Tort Liability Act  

The Tort Liability Act is generally applicable unless specified otherwise under law or contract. In accordance with the main rule, anyone who causes personal injury or property damage intentionally or through negligence must compensate that damage (the Tort Liability Act, Chapter 2, Section 1). Liability under the Tort Liability Act usually requires an act, but omission can also lead to liability in certain cases where there is a duty to act, arising from law, contract, or general legal principles (SOU 2018:16, p. 594). A person who suffers damages as a result of traffic involving a motor vehicle may, despite being entitled to compensation under the Motor Traffic Damage Act, claim damages under the Tort Liability Act instead (the Motor Traffic Damage Act, Section 18).

Criminal Liability

Several rulings from Swedish district courts have established that a driver can never fully rely on advanced driver-assistance systems, and thus avoid liability. For instance, this conclusion has been reached in cases concerning responsibility for speeding (The district court of Luleå, ruling in case no. B 984-20, dated 2 October 2020) and maintaining an adequate distance from other vehicles (The district dourt of Helsingborg, ruling in case no. B 7238- 22, dated 10 February 2023).

Absent specific regulations limiting the driver’s liability for the operation of AVs, the driver will be considered responsible for driving the vehicle in compliance with applicable traffic legislation (such as the Traffic Regulation). There is currently no legal definition of the term “driver” under Swedish law. However, Swedish preparatory works (SOU 2018:16 p. 42) and a limited number of old supreme court rulings (e.g. NJA 1936 s. 69 and NJA 1950 C 53) indicate that the term “driver” refers to a physical individual who, at least to some degree, has control over or otherwise initiated a vehicles motion and direction.

In Sweden, there is no legislation specifically regulating data collection, privacy and cybersecurity for AVs.

With regard to privacy and collection of personal data (including legal grounds for such collection), general legislation related to processing of personal data, such as the GDPR and the Act on Supplementary Provisions to the EU General Data Protection Regulation (Sw: Lag (2018:218) med kompletterande bestämmelser till EU:s dataskyddsförordning) apply. To the extent that the operation of AVs involve the use of AI, the Swedish Authority for Privacy Protection’s (Sw: Integritetsskyddsmyndigheten) guidelines on AI in relation to personal data processing, available (only in Swedish) here, are relevant to consider as well.

Under Swedish law, there is currently no obligation for AV operators to collect and provide operation data. However, there is an ongoing legal initiative aiming to facilitate the introduction of AVs in Sweden. As part of the initiative, two official reports (SOU 2018:16 and DS 2021:28) have been published. The reports suggest that an obligation to store data related to AVs is introduced. The data categories suggested to be stored include, for example, the vehicle’s identity, the times when automated driving is activated and deactivated, and data on when the vehicle requests the driver to take over control (SOU 2018:16 p. 32). We recommend to monitor the development in this regard.

As mentioned above, there is currently an ongoing legal initiative aiming to facilitate the introduction of AVs in Sweden. As part of the initiative, two official reports have been published (SOU 2018:16 and DS 2021:28). Both reports include proposals on a new law on automated road traffic (Sw: Lag (2019:00 on automated road traffic). Since the abovementioned reports were published, the progress has however been slow and the proposed law has not yet been adopted.

Additionally, there is currently several AV projects and business partnerships active in Sweden, e.g.:

• AstaZero, a world-leading testing facility for vehicle safety and automated transport systems, has launched a project in collaboration with partners including the Swedish Transport Agency and Terranet AB, focused on enhancing road safety for autonomous vehicles. Running from January to December 2025, the project will place special emphasis on improving the safety for cyclists.
• Drive Sweden Innovation Cloud is a current ongoing project designed to support the development, testing, and integration of AVs in Sweden. Through the project, a cloud-based infrastructure is provided where various stakeholders—such as automotive companies, technology providers, researchers, and public organizations—can collaborate, test, and share data to advance the deployment of automated transport systems.