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Act concerning authority to award certain qualifications (1993:792)

Department/Agency: Ministry of Education and Research, Sweden Issued 3 June 1993 ............................................................................. This version contains amendments up to and including the Act on Amendment of the Act concerning authority to award certain qualifications SFS 2018:1351 ............................................................ The translation is not an official translation.

Authority to award qualifications

Section 1

An individual natural or legal person who provides education (independent education provider) may only award those qualifications for which the government has issued regulations pursuant to the provisions of the Higher Education Act (1992:1434).

Authority  may only be awarded for a programme of study that fulfils the prescribed requirements. Enacted (2006:174).

Section 2

A programme of study shall be based on scholarship or artistic practice and on proven experience and be provided so that in other respects it fulfils the requirements made of courses and programmes in Chapter 1 of the Higher Education Act (1992:1434).

For each qualification for which authority is issued the programme of study shall also fulfil the specific requirements that apply to the qualification pursuant to the statutory provisions relating to higher education institutions subject to the Higher Education Act. Enacted (2009:765).

Section 2a

An independent education provider who has been authorised to award qualifications may issue a joint degree in which the qualification to which the authority applies is included. A joint degree of this kind may be awarded by the independent education provider together with
  1. a higher education institution subject to the Higher Education Act (1992:1434),
  2. another independent education provider who has been granted authority to award qualifications, or
  3. a foreign higher education institution that is not a natural person.

The term joint degree refers to a qualification that may be awarded by the higher education institutions that have jointly organised courses and programmes that can lead to its award. These courses and programmes must be offered through the educational cooperation of the institutions referred to in the first paragraph above. Enacted (2009:696).

Section 2b

An independent education provider may (according to Section 2a), however, only award a joint qualification if

  1. the student has completed a programme of study and has also fulfilled the requirements for its award at the independent education provider and at least one other higher education institution participating in the educational cooperation,
  2. each higher education institution that awards a qualification included in the joint degree may award the qualification awarded by the higher education institution,
  3. the qualification awarded by the higher education institution or another independent education provider which is included in the joint degree relates to the same qualification as that awarded by the independent education provider, and
  4. a qualification awarded by a foreign higher education institution included in the joint degree is issued in the same cycle as at the independent education provider. Enacted (2009:696).

Section 3

Has been repealed by enactment (2006:174).

Section 3a

Has been repealed by enactment (2010:702).

Section 4

Authority to award a qualification may be combined with conditions on the entitlement of individuals to access to documents kept by the independent education provider.

Section 5

The authority to award qualifications is granted by the government. Enacted (2018:1351).

 

Monitoring and evaluation

Section 6

An independent education provider that has been authorised to award qualifications is obliged to take part in the monitoring and evaluation of courses and programmes. The education provider is also required to produce an annual report on quality. The government may issue further regulations about such quality reports. Enacted (2018:1351).

 

Revocation and authority

Section 7

Authority to award qualifications may be revoked if the requirements laid down in Section 2 are not fulfilled. The same applies if conditions issued pursuant to Section 4 have not been complied with or the education provider fails to fulfil the requirements laid down in Section 5 to some substantial extent.

The decision to revoke authority is made by the government at the request of the agency determined by the Government. Before the submission of such a request the independent education provider shall have been offered the opportunity of rectification. Enacted (2012:489).

 

Unauthorised awarding of qualifications

Section 8

If an independent education provider without authorisation awards qualifications to which this act applies, the government may enjoin the education provider to desist from doing so. An injunction of this kind may be combined with a financial penalty.

Section 9

If the government by virtue of the Higher Education Act (1992:1434) issues regulations on qualifications that hitherto have not been subject to such regulations, the government may permit exemptions from the requirement for authorisation pursuant to this act for a maximum of five years.

 

Personal data processing

Section 10

The provisions of Sections 13 and 14 are applicable to the processing of personal data in the activities of an independent education provider that has been authorised to award qualifications and which is conducted pursuant to this act, provisions on education in other statutes or decisions issued pursuant to any of these statutes. Enacted (2018:1351).

Section 11

The provisions of Sections 13 and 14 supplement the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter the GDPR.

The terms and expressions in Sections 13 and 14 have the same meaning as in the GDPR. Enacted (2018:1351).

Section 12

Provisions on the processing of personal data are also included in the Data Protection Act (2018:218) and in regulations issued in association with this act.
 Enacted (2018:1351).

Section 13

The personal data referred to in article 9.1 of the GDPR (sensitive personal data) may, pursuant to article 9.2 g of that regulation, be processed by an independent education provider 
  

  1. if the processing is necessary for a procedure equivalent to the management of a case at an agency, or 
 
  2. In other cases, if the processing is necessary for activities and does not entail undue infringement of the personal integrity of the registered person. 

During data processing pursuant to the first paragraph above, searches that aim to produce a selection of persons based on sensitive personal data are prohibited.

For some independent education providers that are equivalent to angencies, there are provisions on the processing of sensitive personal data and on limitations to searched in Section 3 of Chapter 3 of the Data Protection Act. Enacted (2018:1351).

 

Section 14

Personal data relating to criminal convictions may be processed by an independent education provider if the processing is necessary for a procedure equivalent to the management of a case at an agency regarding the expulsion of a student from studies.

For independent education providers that are obliged to comply with regulations on archiving, there are also provisions on the processing of personal data pursuant to article 10 of the GDPR in Section 8 of Chapter 3 of the Data Protection Act.
Enacted (2018:1351).

 

Transitional provisions

1993:792

This law shall enter into effect on 1 July 1993.

Independent education providers who, when this law enters into effect, are in receipt of government funding for specific courses and programmes or offer specific courses and programmes subject to government supervision and award qualifications to which this law applies in these courses and programmes may also award these qualification after the law has entered into effect to those who began such studies before 1 October 1993. The government may, however, if special grounds apply, also permit a qualification to be awarded at some later date.

In connection with the entry into effect of this law the government may grant authorisation to award qualifications without consultation with the Office of the University Chancellor to

a. The Stockholm School of Economics for qualifications pursuant to Section 2 and 3,
b. The Erica Foundation for qualifications in psychotherapy,
c. The Stora Sköndal Foundation for qualifications in social work.

2006:174

This law shall enter into effect on 1 January 2007.

The new provisions shall apply with regard to authorisation to award qualifications after the expiry of June 2007.

2009:696 

This law shall enter into effect on 1 January 2010 and shall apply to courses and programmes commencing after the expiry of June 2010.

Last updated: 16 May 2019