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Cookie Banners in Sweden: What the Law Requires

By CodexierPublished 6 min read

Most Swedish company websites have a cookie banner, and most of those banners are not compliant: they load analytics before anyone clicks, hide the reject option, or treat scrolling as consent. The rules come from two laws, the Electronic Communications Act (LEK) enforced by PTS and GDPR enforced by IMY. This guide shows what they actually require and how to build a banner, or avoid needing one.

The short answer

We build every company website so that the banner is either compliant or unnecessary, and the second option is more often available than people think.

Reject as easy as accept

This is the point where most banners fail, and the one IMY and other EU regulators have written decisions about. If accepting is one green button and rejecting is a grey link that opens a second screen with toggles, the consent is not freely given, because the design pushes the visitor towards one answer. The same applies to a close cross that silently means accept, to a banner that blocks the page until you accept, and to reappearing banners that ask again on every visit until you give in.

The safe pattern is boring: two buttons of equal size and colour, Accept all and Reject all, plus a third link for settings. A visitor who rejects gets the same website, only without the tracking. If your business model depends on nudging people into accepting, the model, not the banner, is the problem.

Analytics without cookies as an alternative

The cleanest way to comply is to have nothing to consent to. Cookie-free analytics tools count visits, pages and referrers without storing an identifier on the device, and a company site that uses one, hosts its own fonts and embeds video with a click-to-load placeholder needs no banner. Many small Swedish businesses would lose nothing by switching: they never open the audience reports that cookies enable. We compare the options in our guide to cookie-free analytics.

When you should not remove the banner: if you run paid campaigns and need conversion measurement, if you retarget, or if you sell online and rely on Klarna or Shopify features that set identifiers. Then build the banner properly instead. Either way, a fifteen-minute review of your current tags tells you which camp you are in; book a call if you want us to look, or see our fixed prices for a site build or fix on the pricing page.

Frequently asked questions

Is a cookie banner mandatory in Sweden?

No. What is mandatory is consent before any non-essential cookie is set. If your site only uses strictly necessary cookies, or cookie-free analytics, you need a cookie policy page but no banner. The banner is the mechanism for consent, not a legal requirement in itself.

Can I treat continued browsing or scrolling as consent?

No. Both PTS guidance and the European Data Protection Board are clear that consent requires an active choice. Scrolling, closing the banner or continuing to browse do not count, and scripts loaded on that basis are loaded without a legal ground.

Who enforces the rules, and what happens if we get it wrong?

PTS supervises the cookie rules in the Electronic Communications Act and IMY supervises the GDPR side, including the tracking that follows once a cookie is set. Both can order changes and IMY can issue administrative fines. For a small company the more common consequence is a complaint from a visitor or a competitor that forces a rushed fix.

Does Google Consent Mode make Google Analytics compliant?

Consent Mode makes Google's tags respect the visitor's choice, which is necessary but not sufficient. You still need a banner that meets the rules above, and you should read our separate guide on whether Google Analytics is acceptable in Sweden at all after IMY's decisions.

Not sure your banner would pass?

Send us your site address. On a fifteen-minute call we check which scripts load before consent, whether reject is as easy as accept, and whether you could drop the banner entirely.

Book a free 15-minute call