Proposed guidelines on export controls for intangible technology transfers

The definition of ‘export’ in the application of export controls under the Dual-Use Regulation relates to intangible transfers of software and technology. Its ambiguity creates differing interpretations and regulatory requirements for intangible transfers within the EU, and between the EU and its global allies. It also creates unnecessary complexity and costs for exporters in the EU, putting them at a competitive disadvantage. 

DIGITALEUROPE calls for clear and harmonised guidance on what constitutes an ‘export’ and an ‘exporter’ of dual-use technology or software by electronic means, to ensure legal certainty, reduce administrative burden, and maintain the EU’s global competitiveness. To avoid European industries falling behind in a world where innovation cycles are becoming shorter and shorter, companies must have access to the latest technologies to stay competitive in the global tech race. It is also important that allied and like-minded partner nations keep their borders open for dual-use technologies to flow freely, ensuring a large market that allows their companies to scale fast and win the global tech race.  

DIGITALEUROPE suggests that EU guidelines on intangible transfers include the below guidance.