UK/EU Export Controls on Encryption Products

September 08, 2016

Data protection, cybersecurity, commercial confidentiality and personal privacy all demand high standards of security. The main means to achieve this is by encrypting the data. But the hardware or software for doing this can be misused (highlighted by pressure from law enforcement agencies to have greater access to encrypted data to prevent and investigate terrorist attacks). The export of many such products is therefore subject to licensing. Although the rules are essentially the same across the EU and in the US, their interpretation varies widely and many businesses struggle to implement them correctly. With the anticipated European Commission amendment to the EU Dual-Use Regulation, we look at what is controlled, what is exempt, what licences are available and what is changing.

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