Protection-worthy activities

The purpose of the Foreign Direct Investment Screening Act (2023:560) is to prevent foreign direct investments in Swedish protection-worthy activities that may have a harmful impact on Sweden's security or on public order or public security in Sweden. Section 3 of the Foreign Direct Investment Screening Act (2023:560) states which protection-worthy activities are covered by the screening system.

Obligation to provide information

Please note that companies that conduct protection-worthy activities and are subject to an investment that must be notified under this Act are obliged to inform the party that intends to carry out the investment that the Act applies to the activity.

Essential services

The screening system covers organisations that provide essential services. Essential services refers to activities, services or infrastructure that maintain or ensure societal functions that are essential for society's basic needs, values or security. The Swedish Civil Contingencies Agency (MSB) has issued regulations on which essential operations are covered by the Foreign Direct Investment Screening Act.

Security-sensitive activities

The screening system covers organisations that conduct security-sensitive activities under the Protective Security Act (2018:585). There is no list or similar that clearly identifies which organisations conduct security-sensitive activities. The operator itself is responsible for assessing whether it conducts security-sensitive activities under Chapter 1, Section 1 of the Protective Security Act. There are several supervisory authorities under the Protective Security Act. These are specified in Chapter 8, Section 1 of the Protective Security Ordinance.

Critical raw materials, metals or minerals

The screening system covers organisations that explore, extract, enrich or sell critical raw materials or metals or minerals of strategic importance for Sweden's supply. The Geological Survey of Sweden (SGU) has issued regulations on which critical raw materials and metals and minerals that are covered by the Foreign Direct Investment Screening Act.

Sensitive personal data or localisation data

The screening system covers organisations that conduct large-scale processing of sensitive personal data or location data in or through a product or service.

Sensitive personal data refers to data as defined in Article 9(1) of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Location data refers to data processed in a public mobile electronic communications network indicating the geographical position of an end-user's terminal equipment, or data in a public fixed electronic communications network indicating the physical address of the network connection point.

Processing in this context means the same as in Article 4(2) of the GDPR, i.e. inter alia collecting, recording, storing and processing.

Military equipment or technical support related to military equipment

The screening system covers organisations engaged in the manufacture or development of, research on or provision of military equipment in accordance with the Military Equipment Act (1992:1300), or the provision of technical support for such military equipment. What constitutes military equipment and technical support is set out in what is known as the Military Equipment List, which is contained in Part A of the Annex to the Military Equipment Ordinance.

Dual-use items or technical assistance

The screening system covers organisations engaged in the manufacture, development, research or provision of dual-use items or the provision of technical assistance for such products.

Dual-use items are those listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

Emerging technologies or other strategic protection-worthy technologies

The screening system covers organisations that conduct research on or provide products or technologies in emerging technologies and other strategic protection-worthy technologies. Also included are organisations with the ability to manufacture or develop such products or develop such technology. The organisations/activities covered are set out in Annex 2 to the Ordinance on Screening of Foreign Direct Investments (2023:624).