Often, electricity agreements are automatically extended if the customer does not actively contact the company and terminate the agreement. For the electricity retailer to have the right to extend the electricity agreement, it must be stated in the terms of the agreement. The company must also inform the customer of the contract extension 60–90 days before the extension takes place through a separate notice (applies for fixed-term contracts that are automatically renewed after the contract period has ended), including what the new agreement will be if no active change is made. For electricity agreements entered over the phone or through a website, the customer has a right of withdrawal for 14 days. Extension of the right of withdrawal period by up to one year applies if the customer has not received sufficient information regarding the right of withdrawal. As soon as sufficient information is provided, the right of withdrawal period of 14 days begins.
If an electricity user has lost their electricity agreement, the customer’s electricity grid company will assign the customer to an electricity retailer, and the customer is entered into what is called “assigned price”. Usually, the assigned price is higher than other price alternatives and can change during the year; however, these changes occur more slowly than the non-assigned monthly flexible price alternatives. Electricity grid companies have an obligation to ensure that an electricity retailer has committed to providing electricity to the electricity user on reasonable terms. Within seven days of the assignment, the electricity grid company must inform the electricity user of the assigned electricity retailer. The assigned electricity retailer must, at least once every quarter, inform the customer of their offered contract types and prices, as well as where information can be found on contracts and prices offered by other electricity retailers.
On 1st June 2023, new regulations were introduced into the Electricity Act, stating provisions on how assigned contracts are not allowed to be hourly price contracts or dynamic prices. Dynamic prices refer to prices that reflect the price on the spot market at every hour, with an interval that at least corresponds to the frequency for settlement on the market. Moreover, an assigned contract is not allowed to have a notice period longer than 14 days. Historically, assigned prices have been fixed-price contracts (with a maximum 14-day notice period), but recently it has become more common that the assigned price contract is a variable-price contract.
The price comparison website “elpriskollen.se”, offered by Ei, is often referred to when informing customers of where they can find information and compare different contracts and their prices as well as their terms and conditions. Additionally, a symbol is displayed if a retailer has been subject to supervision regarding one of the consumer protection provisions of the Electricity Act, or if the company is on the Swedish Consumer Energy Market Bureau complaint list, or if a retailer has the certification of “fair electricity trading”. In 2023, there was a relaunch of Elpriskollen with new and improved functions for customers. During 2022, the tool had 780,000 unique visitors. The website “elskling.se” also offers similar comparison of electricity contracts and prices between different electricity retailers.
All electricity supply companies are obligated to report information on prices and terms applied by the company for delivery of electricity to Ei for publication on elpriskollen.se. This obligation applies for certain contract types that can be entered into by customers and for electricity users with an expected annual electricity consumption below 100,000 kWh.
Regarding information about contracts, electricity retailers have no specific requirements about having to list all their contracts on their website. However, they are required to provide certain information about their products and services, such as the price and terms of the contract, which can be provided on their website or in other easily accessible channels. This information must be updated regularly.
An electricity supply company that intends to change the terms of an ongoing indefinite agreement must inform the electricity user about the changes and their right to terminate the agreement in a separate notice. If the change concerns the electricity price, the reasons and conditions for the change must also be included in the notice. The notice should be designed in a way that the full implications of the term changes are made evident solely by reading the notice. The company must notify and inform the user at least two weeks before the changes take effect; if the user is a consumer, they must be notified at least two months before.
Marketing
There are no particular requirements or regulations that apply only to marketing within the electricity market in Sweden, and the marketing of electricity products is governed by the general Marketing Act. The act applies to all marketing of information by businesses to consumers and is applicable to all marketing activities. In the act, marketing not only refers to advertising but also includes the mere offering of a product. According to paragraph 5 § of the Marketing Act, marketing must comply with good marketing practices. Marketing that violates good marketing practices is considered unfair under paragraph 6 § of the Marketing Act if it significantly affects or is likely to affect the recipient’s ability to make a well-informed business decision.
Win-back tactics are allowed in Sweden, but they must follow certain rules. According to the Marketing Act, it is not allowed to use misleading or aggressive marketing or to harass consumers by calling or sending unwanted messages. In addition, there are requirements that consumers should have the opportunity to terminate subscriptions or agreements without hindrance. If the company follows these rules, win-back sales can be used in electricity trading in Sweden.