Bird & Bird has published an article reminding one that the export of certain categories of software, and particularly encryption software, is controlled by export control regulations in the UK and the EU.  After the UK’s withdrawal from the EU exporters of software (including where software is embedded in physical products) will have to consider the added dimension of export and import of controlled software between the EU and UK and vice versa.  It points out that under many licensing agreements, a breach of the export regulations may also result in a breach of the terms of a software licence.  The article focuses on the regime applicable to dual-use items, which is the export control regime most likely to be relevant to the export commercial software.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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