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Customer contracts, website terms and GDPR for a small Swedish company

Terms must reach the customer before the contract to apply, consumers have fourteen days to withdraw from a distance contract, and the GDPR applies from the first personal data item however small the company is.

What the rules say

  • The Contracts Act: a contract is formed by offer and acceptance, and terms must have reached the other party.
  • The Distance Contracts Act: the consumer has fourteen days to withdraw, subject to exceptions for certain goods and services.
  • The Swedish Data Protection Act and the GDPR: the duties apply whatever the headcount, with a limited record-keeping exemption below 250 employees.

The requirements line by line

The requirements line by line
QuestionRequirementSource
Contract ruleA contract is formed by offer and acceptance. Terms not communicated before the contract is concluded normally do not become part of it.SFS 1915:218, avtalslagen
Consumer distance salesIn distance contracts with consumers, prescribed information must be given before purchase and the consumer has a fourteen-day right of withdrawal, subject to exceptions.SFS 2005:59, distansavtalslagen
DefectsThe Consumer Sales Act governs defects, remedy, price reduction and cancellation, and cannot be contracted away to the consumer's detriment.SFS 2022:260, konsumentköplagen
Price informationMarketing must be accurate, and material information about price and terms may not be left out.SFS 2008:486, marknadsföringslagen
Personal dataThe GDPR applies whatever the size of the company. The record-keeping exemption below 250 employees does not apply where processing is regular or involves special categories.SFS 2018:218, lagen med kompletterande bestämmelser till EU:s dataskyddsförordning

Thresholds and limits

Thresholds and limits
LimitWhat it triggersSource
14 daysRight of withdrawal in consumer distance contractsSFS 2005:59, distansavtalslagen
250 employeesBelow the limit records are required only for regular processing, risk or special categoriesSFS 2018:218, lagen med kompletterande bestämmelser till EU:s dataskyddsförordning

What it means for the company

Put the terms in the purchase flow, not in the footer. A term the customer never saw before buying rarely holds in a dispute, and the same goes for the withdrawal information.

What it means for the individual

As a consumer the withdrawal period runs from the day you received the goods, and it must appear in the information given before the purchase.

Source lines

Next step

Walk the purchase flow step by step and check where terms, price information, withdrawal rights and privacy information are actually shown.

All questions for small businesses

This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.

Next step

Three ways to put the register to work in your own practice.

Start with your task