<abstract xmlns="http://www.w3.org/1999/xhtml"><p> The fast development of ICTs pose new challenges to the European Union and its Member States. Every EU country has its own policies regarding technology transfer, ownership of state e-services, and the possibilities how the state-owned or licensed e-service could be exported. Taking into account the free movement of goods, the EU has created a platform to cooperate and export IT solutions. However, the lack of preparedness of infrastructures, legislation and stakeholders for cross-border exchanges poses a threat to IT transfer and should be taken into consideration in the EU as well. In the coming decades the number of outsourced ICT solutions, strategically important ICT solutions, public services and critically important information exchange platforms developed on behalf of the states, will grow exponentially. Still, digital development is uneven across the EU, they grow at different speeds and the performance is quite splintered. There are legal provisions which are outdated and therefore impede technological cooperation and export of IT solutions. A Member State may restrict the ICT licensing based on national security and policy reasons and the ownership of intellectual property might pose a threat to technology transfer or further development of the IT solution. There are examples of strategically important export of ICT solutions, the experience at which can be expanded to cover other EU Member States. Strong collaboration would enable mutual learning from past experiences along with the opportunities for better use of technology. Parallels can be drawn with military technology transfers, as the policies and legal framework was first developed and mostly used with them.</p><p>This introduces a question of what are the conditions for exporting strategically important ICT solutions from one Member State to another, given that there is no common legal framework developed yet, and who should decide whether to transfer or not? </p></abstract>

The fast development of ICTs pose new challenges to the European Union and its Member States. Every EU country has its own policies regarding technology transfer, ownership of state e-services, and the possibilities how the state-owned or licensed e-service could be exported. Taking into account the free movement of goods, the EU has created a platform to cooperate and export IT solutions. However, the lack of preparedness of infrastructures, legislation and stakeholders for cross-border exchanges poses a threat to IT transfer and should be taken into consideration in the EU as well. In the coming decades the number of outsourced ICT solutions, strategically important ICT solutions, public services and critically important information exchange platforms developed on behalf of the states, will grow exponentially. Still, digital development is uneven across the EU, they grow at different speeds and the performance is quite splintered. There are legal provisions which are outdated and therefore impede technological cooperation and export of IT solutions. A Member State may restrict the ICT licensing based on national security and policy reasons and the ownership of intellectual property might pose a threat to technology transfer or further development of the IT solution. There are examples of strategically important export of ICT solutions, the experience at which can be expanded to cover other EU Member States. Strong collaboration would enable mutual learning from past experiences along with the opportunities for better use of technology. Parallels can be drawn with military technology transfers, as the policies and legal framework was first developed and mostly used with them.This introduces a question of what are the conditions for exporting strategically important ICT solutions from one Member State to another, given that there is no common legal framework developed yet, and who should decide whether to transfer or not?

Technology Transfer in the EU: Exporting Strategically Important ICT Solutions to Other EU Member States

Estonian Human Rights Centre Narva mnt 9j, Tallinn 10117, Estonia

Tallinn Law School, Tallinn University of Technology Akadeemia tee 3, Tallinn 12618, Estonia

TalTech Journal of European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The fast development of ICTs pose new challenges to the European Union and its Member States. Every EU country has its own policies regarding technology...

Technology Transfer in the EU: Exporting Strategically Important ICT Solutions to Other EU Member States

Published Online: Oct 15, 2015

Page range: 5 - 29

DOI: https://doi.org/10.1515/bjes-2015-0011

© by Anni Säär

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.