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SpainChecked 18 August 2026
Depends on your industryWork: HighEnforcement: Aggressive
In one paragraph
Spain follows the normal European rule: personal data may leave the country once you have the right paperwork in place. But four named categories of data held by the Spanish state must physically stay inside the European Union, and may only travel further to a country Europe has officially approved. Spain's privacy regulator is one of the busiest in the world.
The catch
The relaxed headline stops being true the moment you touch the electoral roll, town-hall population registers, Spanish tax records or data about users of the Spanish national health service. For those four things a standard European transfer contract is not enough and never will be — the law allows only officially approved destinations. Online gambling, telecoms and any system sold to the Spanish public sector carry their own separate rules.
Does this apply to me?
Yes. A company with no office in Spain is still caught if it offers goods or services to people in Spain or watches what they do online. There is no size or revenue threshold to hide under. If you have no base anywhere in Europe you must appoint a written representative inside Europe, and Spain's regulator will happily deal with that representative instead of you.High confidence
Can the data leave the country?
For most businesses, yes, with paperwork — the ordinary European rules apply and nothing in Spanish law says data must sit on Spanish soil. The exception is sharp. If the data is the electoral roll, a town-hall population register, Spanish tax records, or information about users of the Spanish national health service, the computers holding it must be inside the European Union, and that data may only go outside Europe to a country Europe has officially approved. A standard European transfer contract does not work for those four things.High confidence
What do I have to do to send it abroad?
The model is an approved-list one, run at European level, not by Spain. You may send data outside Europe if the destination country is on Europe's approved list, or if you sign Europe's standard contract, or if your corporate group has approved internal rules. The list is real and populated. Spain adds one twist: if you want to use a home-made contract instead of the standard one, you must get written permission from the Spanish regulator first.High confidence
Who enforces this — and are they actually working?
The Spanish Data Protection Agency, and it is very much awake. Its public decision database held 46,925 decisions when we checked on 18 August 2026, with rulings signed as recently as 12 August 2026. Three regional authorities also enforce, covering public bodies in Catalonia, the Basque Country and Andalusia. Spain's artificial intelligence supervisor is now operating too and met the privacy agency in July 2026 to divide up the work.High confidence
How long must I keep it, and when must I delete it?
Both directions, and they collide. The longest floor is money laundering records: ten years, and the same law then orders you to destroy them. Business books run six years, clinical records at least five years from the end of each course of treatment, phone and internet connection records twelve months, and the taxman can come back four years. In the other direction Spain does something unusual: when someone asks you to delete their data you must not actually delete it, you must lock it away.High confidence
What happens when something goes wrong?
Count three clocks, not one. Everyone has 72 hours to tell the privacy regulator about a personal data breach. Phone and internet providers have only 24 hours under a separate European rule. And if you run something the state treats as an essential service, the cyber clock says report immediately, then send an update within 24 to 48 hours if the incident is critical, or 72 hours if it is very serious, with a final report 20 or 40 days later.High confidence
What's the trap?
Five things that ruin weekends. One: a child can consent at fourteen in Spain, not sixteen, so your global age gate is probably wrong here. Two: 'delete my data' legally means 'lock my data away', so a hard-delete pipeline breaks the law. Three: Spain forces far more organisations to appoint a data protection officer than Europe does, including every school, university, bank, insurer, energy supplier and online gambling operator. Four: misusing someone's personal records is a crime punishable by prison, and companies themselves can be prosecuted. Five: telecoms operators can be ordered to hand over the encryption method they use.High confidence
What's about to change?
The biggest thing is what has not happened. Spain still has not passed the law that brings Europe's new cybersecurity rules into Spanish law, so the old 2018 regime is still what binds — expect that to change and to widen sharply who must report incidents. From 12 January 2027 no cloud provider may charge you to leave or to pull your data out. Watch three switches the government can flip with no consultation: taking over telecoms networks, ordering gambling systems into Spain, and demanding an operator's encryption method.Medium confidence
Hardest industry wall
None found.
SwedenChecked 18 August 2026
Depends on your industryWork: HighEnforcement: Active
In one paragraph
Sweden has no general law forcing data to stay in the country. Personal data leaves under the ordinary European rules. But four walls override that: gambling systems must sit in Sweden, telecoms records kept for the police may never leave the European Union, classified material needs a state-to-state deal, and accounting books stay in Sweden unless you tell the tax agency.
The catch
The relaxed headline stops being true the moment you touch online gambling, telecoms records held for law enforcement, security-sensitive activity, detailed maps and sea-depth data, a public authority's secret files, or a Swedish company's accounting books. In those six areas Sweden is far stricter than its reputation suggests, and two of them carry prison sentences rather than fines.
Does this apply to me?
Yes. Sweden applies the European privacy rules, so a company anywhere in the world is caught if it offers goods or services to people in Sweden or watches what they do. There is no size or revenue floor to duck under. Sweden's own top-up law adds Swedish-only duties on top, and those apply to anyone processing data under Swedish law, not just Swedish companies. If you are outside Europe and caught, you normally have to name a representative inside Europe.High confidence
Can the data leave the country?
In general, yes. Sweden has no law that says personal data must physically stay in Sweden, and European law actually bans Sweden from imposing storage rules on non-personal data except for national security reasons. The exceptions are what matter. Online gambling systems must be placed in Sweden. Telephone and internet records that operators keep for the police may not be stored outside the European Union. Security-classified material cannot go to a foreign body without a government-to-government agreement. And a Swedish company's accounting records must be kept in Sweden unless it tells the tax agency where they are instead.High confidence
What do I have to do to send it abroad?
Sweden adds nothing of its own here — it uses the European toolkit unchanged. The model is an allowlist of approved destinations, and that list is well populated: the United Kingdom, Switzerland, Japan, South Korea, Canada, Brazil and about a dozen others are approved. For everywhere else you sign the European Commission's standard contract, or use group-wide rules approved by a regulator, and you write down why you think the data will still be safe. United States transfers work only if the receiving company has signed up to the European Union–United States Data Privacy Framework, and that arrangement is under legal pressure.High confidence
Who enforces this — and are they actually working?
The main privacy regulator is the Swedish Authority for Privacy Protection, and it is fully staffed and working. It published supervisory decisions in May, June and July 2026, including a reprimand to a large security company over filming its own staff, and in June 2026 it was also made Sweden's market surveillance authority for the European artificial intelligence rules. Other regulators matter just as much in their own lanes: the financial supervisor, the telecoms and post authority, the gambling authority, the Security Service and the Armed Forces.High confidence
How long must I keep it, and when must I delete it?
Sweden has a hard floor and a soft ceiling, and they pull in opposite directions. You must keep company accounting records for seven years after the end of the year they relate to, and patient records for at least ten years after the last entry. Against that, European privacy law says you must delete personal data once you no longer need it. Sweden resolves the clash the same way most of Europe does: a specific legal duty to keep something beats the general duty to delete it, so you keep it, lock it down and use it for nothing else.High confidence
What happens when something goes wrong?
Count at least three clocks, and they do not agree. For a personal data breach you have 72 hours to tell the privacy regulator, and you must tell the affected people without undue delay if the risk to them is high. Since 15 January 2026, organisations in important sectors must send an early warning to their cybersecurity supervisor within 24 hours of noticing a significant incident, then a fuller report within 72 hours — but trust service providers get only 24 hours for the full report. Financial firms have a fourth clock under the European digital resilience rules. The 24-hour warning is the one that catches people out.High confidence
What's the trap?
Five things that are not in any summary. One: a child can consent from age 13 in Sweden, the youngest age Europe allows, so a global default of 16 is wrong here. Two: you may only use a person's Swedish identity number without their consent when it is clearly justified — a Swedish-only rule with no European equivalent. Three: anything you send to a Swedish public authority can become a public document that any member of the public, including a competitor or a journalist, can demand a copy of. Four: giving a supplier access to a public authority's secret files is allowed only for purely technical processing or storage, and only if it is not inappropriate in the circumstances — the ordinary supplier contract is not enough. Five: mapping and sea-depth data is criminal law, not paperwork — spreading it without a permit can mean up to a year in prison.High confidence
What's about to change?
Two dated items. On 1 January 2027 a new law on the resilience of critical operators is proposed to start, covering eleven sectors and adding another 24-hour incident report. Also on 12 January 2027, European rules make it illegal for cloud providers to charge you to move your data out. Watch the government's national cloud policy, adopted on 28 May 2026: today it is only advice with no penalties, but it is the obvious vehicle for a future rule that public bodies must use European providers.High confidence
Hardest industry wall
  • Telecoms Förordning (2022:511) om elektronisk kommunikation, 9 kap. 4 §
  • Online gaming Spellagen (2018:1138), 16 kap. 2 §
  • Defence Säkerhetsskyddslagen (2018:585) och Säkerhetsskyddsförordningen (2021:955)