New Countries to Place Export Controls on Spyware Technology: Perspectives on Developments in Poland, Germany, South Korea and Japan

The US recently publicized the fact that a number of countries have joined a pledge to implement export controls on spyware technology as part of a broader initiative to establish trade barriers for cyber-related items that could be used in human rights abuses.

The US, Australia, Canada, Costa Rica, Denmark, France, New Zealand, Norway, Sweden, Switzerland and the UK made the first such pledge during the Biden administration’s second annual Summit for Democracy last year by emphasizing the need for stringent domestic and international controls on the spread and use of such technology. On March 18, they were joined by Finland, Germany, Ireland, Japan, Poland and South Korea.

During the third Summit for Democracy held in Seoul in March, all 17 countries pledged to work to prevent the export of software, technology and equipment to end-users who are likely to use them for harmful cyber activities, including unauthorized access to information systems. This will be done in line with the countries’ respective legal, regulatory and policy approaches and suitable existing export control regimes.

While the specific legal implications of the commitments made by the newly joined countries have yet to be determined, our experts from Poland, Germany, South Korea and Japan offer high-level insights on these developments in this alert.