The European Commission faces increasing pressure to tighten export controls on surveillance technology, following a call from a coalition of nine human rights and press freedom organizations. These groups, including Human Rights Watch, Amnesty International, and the Committee to Protect Journalists, filed a joint submission urging the Commission to address the ongoing export of surveillance tools that can lead to human rights violations. This submission is part of the evaluation of the 2021 Dual-Use Regulation, which governs the export of dual-use goods, including those used for digital surveillance.
In 2021, Regulation (EU) 2021/821 replaced an older framework that had lagged behind in addressing the complexities of emerging digital surveillance tools. Although the new regulation introduced a “catch-all” mechanism and required member states to evaluate the human rights impact of exports, the coalition argues that vague definitions and weak due diligence provisions have failed to prevent harmful exports. Recent nonbinding guidelines—Commission Recommendations 2024/2659 and 2024/214—have further complicated efforts to enforce stricter oversight, leaving significant gaps in regulating the export of both listed and unlisted cybersurveillance items.
The coalition has advocated for a comprehensive overhaul of enforcement standards. This includes aligning export licensing criteria with the EU’s human rights standards, ensuring public disclosure of export license applications, and establishing binding legal remedies for victims of digital surveillance abuse. Despite promises by EU lawmakers in 2020 to prevent authoritarian regimes from acquiring European surveillance tools, recent investigations have uncovered ongoing licensing of such technologies by member states to regimes known for rights abuses. For example, a 2026 Human Rights Watch report highlighted that European firms continue to supply spyware to oppressive governments, magnifying fears about the uncontrolled spread of these technologies.
An incident in Serbia exemplifies the problem, where authorities used military-grade spyware against investigative journalists. This event prompted the Media Freedom Rapid Response to demand EU intervention, reflecting broader concerns about surveillance misuse in EU candidate countries. The issue of surveillance technology exports remains acute, with rights organizations calling for stronger regulatory frameworks to prevent future abuses and protect human rights.
Further insights are available from Jurist.