Position paper - Export Controls in the Context of Cloud Computing

On 29 October 2021, the American Chamber of Commerce to the EU (AmCham EU) published a position paper highlighting the need for clearer guidance on the application of export controls under Regulation (EU) 2021/821, (the ‘Dual-Use Regulation’), focusing on the use and provision of cloud computing services. Ahead of the evaluation of the Dual-Use Regulation, AmCham EU again urges the European Commission to clarify how exports controls apply to the context of cloud computing. The most critical issues for attention include 1) what constitutes an ‘export’ in the context of dual-use software and technology stored in the cloud, 2) who the ‘exporter’ is in these cases and 3) what activities are not exports under certain conditions. Further clarification on these issues is essential to achieve a harmonised application of export controls within the EU.