Q&As

What will the impact of the end of the Brexit transition period be on the export controls applicable to ‘dual-use’ software?

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Produced in partnership with Roger Bickerstaff of Bird & Bird
Published on: 21 December 2020
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The export of certain categories of software, and particularly encryption software, is controlled by Export Control regulations in the UK and the EU. Breaching export controls is a criminal offence.

The UK left the EU with the benefit of a transition (or ‘implementation’) period under the Withdrawal agreement, meaning EU law continues to apply in and in relation to the UK until the end of the transition period (scheduled to end at 11 pm UK time on 31 December 2020). During the transition period, the UK remains in the EU internal market and the EU export control regime applies as if the UK were still an EU Member State.

After the end of the transition period, the EU Treaties, EU free movement rights and the general principles of EU law (such as the single market and the customs union) will cease to apply in the UK.

For the purposes of EU export controls at the

Roger Bickerstaff
Roger Bickerstaff

Partner, Bird & Bird, Bird & Bird


Roger Bickerstaff is Joint Head of Bird & Bird's IT Sector Group. He advises on all aspects of IT law to public- and private-sector clients, but he has a particular interest and experience in advising on public-sector IT projects. Roger also has a significant level of expertise in public procurement law.

Roger has nearly 15 years experience of advising on large-scale IT projects in both the public and private sectors. This wealth of experience means that he understands the issues that arise in major projects and can provide the solutions to resolve these issues. He now fulfils the role of trusted advisor on a range of significant projects, providing advice that goes well beyond legal and contractual matters, and into the technical and commercial heart of the success of the implementation of projects.

Roger is recognised as being a leading exponent of IT law and is regularly cited within the legal directories, particularly for his public-sector practice.

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Jurisdiction(s):
United Kingdom
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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