Sweden
Swedish proposal to implement the EU Platform Work Directive
Impact date: 2 December 2026 (expected, and may be subject to change).
The EU Platform Work Directive aims to strengthen the protection and working conditions of individuals engaged through digital labour platforms. On 12 January 2026, the Swedish Government published an inquiry report proposing amendments to Swedish law to transpose the Directive.
The inquiry report proposes the introduction of a new Platform Work Act, currently intended to enter into force on 2 December 2026. The proposed legislation would, among other things, regulate when a person engaged through a digital labour platform is to be regarded as an employee of the platform company and introduce rules governing the use of automated decision-making and monitoring systems by platform operators. However, further legislative proposals are expected to be issued during 2026 before a final legislative proposal is presented.
Employer implications/action needed Employers should continue to monitor the progress of the new Swedish Platform Work Act.
Employer risk N/A
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EU Pay Transparency Directive
Impact date: N/A
At the beginning of 2026, the Swedish government referred a legislative proposal to the Council on Legislation as part of the legislative process to implement the EU Pay Transparency Directive in Sweden. Since the government’s referral, the legislative process in Sweden has been subject to further developments. On 11 March 2026, the government announced its intention to postpone the implementation of the Directive to 1 January 2027, instead of 1 July 2026 as previously proposed. The government has since announced that it is pausing the implementation of the Directive in Sweden and that until further notice, no legislative proposal will be presented. The government instead seeks to renegotiate the Directive, referring to the administrative burden arising from the Directive and the risk that this may undermine the intended gender equality benefits.
Employer implications/action needed The outcome of these developments remains to be seen, and we encourage employers to stay informed of further developments relating to the implementation of the EU Pay Transparency Directive in Sweden.
Employer risk N/A
Criminal record checks (case law)
Impact date: 25 March 2026
In a ruling by the Swedish Labour Court, it was found that merely receiving and reading a physical criminal record extract does not fall within the GDPR's material scope, provided that the employer does not enter the data into any records or otherwise process it by automated means.
The employer had asked an employee to provide an extract from their criminal record. The employee delivered a sealed envelope containing the extract to his line manager who opened and read the document. The extract was subsequently destroyed by shredding, without being copied, scanned or entered into the company’s filing system. The trade union of which the employee was a member alleged that the employer’s processing of data was not compliant with the GDPR and claimed damages on the employee’s behalf.
The Court held that the company had not processed personal data in breach of the GDPR or Swedish data protection legislation.
Employer implications/action needed The ruling is a welcome clarification of when and how criminal record extracts can be reviewed in recruitment processes as well as during ongoing employment. However, since employers’ review of criminal records remains a debated topic in Sweden, employers should only conduct these checks where relevant for recruitment or employment. Further, since the main rule is still that there is no legal basis for employers to process criminal records data pursuant to the GDPR and Swedish data protection legislation, employers must always review any criminal records on a physical copy only. This means that any criminal record checks must always be performed in person, and employers must not enter any information contained in the criminal records into any filing system or otherwise process such data by automated means.
Employer risk N/A
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