Tech policy without unnecessary barriers

The tech industry is evolving rapidly and digitization means that new legislation needs to be developed continuously. Legislation is both national and European and, as services and actors are cross-border, they need to comply with new laws and regulations in different countries. To create better order, legislation in Sweden and the EU should be adapted to digitization. Sweden needs to strengthen its voice when digitalization policy is discussed and negotiated in Brussels.

19. implement proposed changes that simplify. As early as 2018, the so-called digitization law inquiry proposed that rules be introduced to facilitate the public sector's ability to outsource IT operations. In 2020, a new inquiry proposed the same, i.e. that rules need to be introduced to deal with the issue of confidentiality in such outsourcing. This is just one example of regulatory changes that have been studied and proposed to the government, aimed at facilitating the digitization of the public sector, but which have not yet been implemented. Recently, the government commissioned the Agency for Digital Government to identify legal barriers to the digitization of welfare and to make proposals that can develop the regulation. The government now needs to ensure that the proposals that have already been submitted and will be submitted are swiftly taken care of and translated into concrete action.

20. Review existing legislation. Establish a digitization committee to review existing law and propose changes on an ongoing basis to ensure that legislation does not hinder or unnecessarily complicate digitization.

21. ensure that legislation keeps pace with the rapid development of technology.
Establish a function responsible for ensuring that all new legislation presented is "digital by default". All new legislation should be accompanied by an impact assessment that assesses the effects on digitalization and ensures that new laws do not disadvantage the use of digital services and technologies.

22. increased commitment and accountability for EU legislation. Sweden should actively pursue the line that the legislation adopted, both at EU and national level, is based on the "Think small first" principle to ensure that compliance is simplified. Tech companies face a range of EU laws and in some cases new detailed legislative proposals are being developed that overlap with existing ones. This makes it more difficult for companies to navigate the regulatory environment and raises the threshold for new companies to enter the market as compliance costs increase. Fundamental requirements are that proposals for new or revised rules must be based on clearly defined and recognized problems, not give rise to disproportionate costs, and not hamper the industry's global innovation and competitiveness. The Government must ensure that Sweden is active and engaged in negotiations and that it takes the lead in ensuring that the consequences of new legislation are analyzed before legislation is approved and that final compromise proposals meet basic requirements for proportionality and do not go beyond what is necessary to achieve the objectives.