This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.
At a glance
Is AI cold calling legal in Sweden?
Only with prior consent when you call a natural person. Section 19, Sweden’s version of ePrivacy Directive Art. 13(1), allows “uppringningsautomater eller andra liknande automatiska system för individuell kommunikation som inte betjänas av någon enskild” for marketing “bara om den fysiska personen har samtyckt till det på förhand.” In English: automatic calling machines or similar automated systems that no individual operates, only if the natural person consented in advance. Who it protects. The rule covers natural persons, including sole traders (enskild näringsidkare). Limited companies and other legal persons fall outside it. GDPR still applies to the employee you reach, so you need a legitimate interest and must stop when they object (GDPR Art. 21). Whether an AI agent counts. No Swedish court or regulator has ruled on AI agents. The test is whether an individual operates the system, and nobody operates an AI agent that runs the call alone. The industry rules of Kontakta and SWEDMA require prior consent for “digitala samtal (robo-calling)” that no human conducts in any part (Etiska regler, 3.4). Treat AI agent calls as automated. Human in the loop. A human who only listens or can take over doesn’t change the answer. Only a call that a person conducts falls under the opt-out rule below.Cold calls by a human
Section 21 allows live marketing calls unless the person “tydligt motsatt sig” (clearly objected). The consumer agency Konsumentverket treats a NIX-Telefon registration as that objection (report 2025:5), so screen consumer numbers first. Companies have no register and no opt-out rule, but respect any objection you receive. When you call a consumer to sell, a contract only exists once the consumer accepts your written offer after the call. Otherwise it’s invalid and the consumer owes nothing (2 kap. 3 a § Distansavtalslagen, since September 1, 2018).Existing customers and callback requests
Existing customers. Section 19 has an existing-customer exception for email only, so your AI agent needs consent here too. A human may call existing customers about the same type of products, even if they’re in NIX-Telefon. NIX-Telefon counts the relationship up to one year after the contract ends, while Konsumentverket says it ends with the contract. Callback requests. In MD 2006:14, people typed their number on a website and got an automated call seconds later. The Market Court treated those steps as consent. Call back only about what the person asked for, and keep a record of the request.Do-not-call register: NIX-Telefon
The register still matters when you have consent. NIX-Telefon lets you rely on consent to call a registered number for three months only.
Consent for AI calls
Through the ePrivacy Directive (Art. 2(f)), consent follows the GDPR standard: voluntary, specific, informed, and unambiguous (GDPR Art. 4(11)).
Purchased lists and partners. Ask the vendor for the exact consent text and the collection method, since you’re liable for calls on your behalf. botBrains asks for this evidence before outbound campaigns, see Before you start outbound campaigns.
Tell callers they’re talking to an AI
Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. Sweden has no separate rule for AI voices. When you call a consumer to sell, 2 kap. 3 a § Distansavtalslagen requires your identity, the purpose, and the name of the person speaking at the start. An AI agent has no personal name, so give the agent’s name and say it’s an AI. Section 9 of the Marketing Practices Act also requires that it’s clear who is behind the marketing. Recommended introduction for outbound marketing calls:Call recording
Criminal law. Brottsbalken 4 kap. 9 a § only covers secret recording of conversations you don’t take part in. Recording your own calls isn’t a crime. Data protection. You need a lawful basis, usually legitimate interest (GDPR Art. 6(1)(f)), and must tell the caller at the start (Art. 13). The star key in the botBrains introduction stops the recording and discards it, while the transcript stays. A recording only becomes biometric data when you use it to identify someone (Art. 4(14), Art. 9), which quality recording doesn’t do. botBrains stores recordings and transcripts in the EU. The Kontakta and SWEDMA rules ask you to record the offer and keep it for six months.Caller ID and calling hours
Swedish law sets no calling hours. The Kontakta and SWEDMA rules set the industry standard:
The caller sees your botBrains number, and botBrains provisions Swedish numbers on request. botBrains doesn’t enforce calling hours, so plan your calls yourself.
Sector rules
Fines and enforcement
In MD 2006:18, the Market Court banned TV4 Vision from calling people who had objected, under a SEK 500,000 penalty. We found no Swedish case on AI calls.
Sources
- Marknadsföringslag (2008:486), 9 §, 19 §, 21 §, 29-31 §§
- Lag (2005:59) om distansavtal och avtal utanför affärslokaler, 2 kap. 3 a §, 3 kap. 9-10 §§
- Spellag (2018:1138), 14 kap. 18-19 §§
- Brottsbalk (1962:700), 4 kap. 9 a §
- Directive 2002/58/EC (ePrivacy), Art. 13
- GDPR, Art. 4, 6, 7, 9, 13, 21, 83
- NIX-Telefon rules, for companies, about NIX-Telefon
- Kontakta and SWEDMA, Etiska regler för försäljning och marknadsföring över telefon till konsument, 2021
- Konsumentverket, Redovisningsrapport 2025:5 Telefonförsäljning
- Government press release, July 9, 2026 and assignment HR2026/01525
- Market Court: MD 2006:14, MD 2006:18
Next steps
Phone integration
Set up your phone line, introductions, and outbound calls.
Calling laws by country
Compare consent rules for AI calls across the EU, the UK, and the US.