The European Union is advancing ethical trade practices with its catch-all control under the Dual-Use Regulation, targeting cyber-surveillance technology exports. Exporters must now obtain licenses if their items could be misused for repression, human rights violations, or breaches of humanitarian law. This regulation addresses gaps in oversight for non-listed technologies like mobile phone hacking tools and vulnerability scanners.
The Commission Recommendation (EU) 2024/2659, issued in October 2024, provides detailed guidelines for exporters. Key aspects include:
- Expanded oversight: Technologies like facial recognition tools and deep packet inspection (DPI) systems, though not explicitly listed, are covered if designed for covert surveillance.
- Exporter accountability: Exporters must conduct due diligence to assess risks of misuse, complementing government-led monitoring and emphasizing shared responsibility in trade.
- Implementation challenges: Ambiguities remain, particularly around interpreting “specially designed” tools and understanding user intent. For instance, public surveillance tools may not face the same scrutiny despite their potential for abuse.
- Global impact: The regulation aligns with the Wassenaar Arrangement, setting a precedent for other countries to adopt similar safeguards.
- Human rights focus: The EU aims to prevent technologies from enabling mass surveillance, stifling dissent, or infringing privacy, reinforcing its commitment to ethical practices.
These efforts establish the EU as a leader in regulating emerging technologies responsibly.
For more information, visit Stockholm International Peace Research Institute (SIPRI).