EU updates technology licensing competition rules to reflect data and digital markets
Digital market regulation strengthens as new EU guidance addresses data licensing.
The European Commission has adopted revised rules governing technology transfer agreements (Technology Transfer Block Exemption Regulation and Guidelines on the application of Article 101 of the Treaty to technology transfer agreements), updating a framework originally introduced in 2014.
These changes aim to reflect developments in the digital economy, particularly the growing role of data and standardised technologies in enabling interoperability across markets.
Technology transfer agreements allow firms to license intellectual property such as patents, software and design rights, supporting the dissemination of innovation. While such agreements are often considered pro-competitive, they may also create risks if they restrict market access or distort competition.
The revised framework clarifies how these agreements are assessed under Article 101 of the Treaty on the Functioning of the European Union.
The updated rules introduce specific guidance on data licensing and licensing negotiation groups, addressing new market practices.
They also refine conditions under which agreements benefit from exemptions, including simplified criteria for early-stage technologies and clearer safeguards for technology pools linked to industry standards.
Overall, the revision by the EU seeks to improve legal certainty for businesses while ensuring that licensing practices support innovation, competition and the broader functioning of the single market. The new framework will apply from May 2026.
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