Q&As

What will the impact of the UK’s exit from the EU be on the export controls applicable to ‘dual-use’ software?

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Produced in partnership with Roger Bickerstaff of Bird & Bird
Published on LexisPSL on 24/02/2020

The following TMT Q&A produced in partnership with Roger Bickerstaff of Bird & Bird provides comprehensive and up to date legal information covering:

  • What will the impact of the UK’s exit from the EU be on the export controls applicable to ‘dual-use’ software?
  • The EU export control regime
  • Application of export control regimes after the end of the transition period
  • Exports of dual-use software from the EU to the UK
  • Exports of dual-use software from the EU to another third country
  • Exports of dual-use software from the UK to the EU
  • Exports of dual-use software from the UK to countries outside the EU
  • Practical issues to consider
  • Software exported as goods
  • Status of Electronic Software Downloads and SaaS Solutions
  • More...

What will the impact of the UK’s exit from the EU be on the export controls applicable to ‘dual-use’ software?

UPDATE: This Q&A has been superseded by the later Q&A What will the impact of the end of the Brexit transition period be on the export controls applicable to ‘dual-use’ software?.

The export of certain categories of software, and particularly encryption software, is controlled by export control regulations in the UK and the EU. Breaching export controls is a criminal offence.

Now that the UK has left the EU but with the benefit of a transition period under the Withdrawal Agreement, EU law will continue to apply in and in relation to the UK until the end of the transition period (scheduled to end on 31 December 2020). During the transition period the UK remains in the EU internal market and the EU export control regime applies as if the UK were still an EU Member State.

After the end of the transition period the EU Treaties, EU free movement rights and the general principles of EU law (such as the single market and the customs union) will cease to apply in the UK.

For the purposes of EU export controls at the end of the transition period, the UK will immediately be regarded as being a ‘third country’ and the UK will establish its own separate export controls

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