Revised EU Technology Transfer Block Exemption Regulation and Guidelines
Revised EU Technology Transfer Block Exemption Regulation and Guidelines
Publish Date: 2026-06-09 11:31:00
Source Domain: www.wilmerhale.com
Last month, the European Union’s revised Technology Transfer Block Exemption Regulation (TTBER) and accompanying Guidelines came into force, replacing the previous 2014 framework.
While the changes in the new instruments do not fundamentally reshape the law, they refine and recalibrate how EU competition law applies to technology licensing. This is particularly important given the ever-growing centrality of data, standard-essential technologies, and complex licensing structures to the world economy.
The new framework:
- introduces targeted but meaningful changes in key areas, including data licensing, pools, Licensing Negotiation Groups (LNGs) and applicable market shares;
- maintains a limited safe harbor; and
- reinforces the need for businesses to actively self-assess agreements.
With only a one-year transitional period before the TTBER starts to apply to existing agreements, the coming months are critical for businesses to review existing technology licensing agreements and ensure that they comply with the new rules.
In a similar vein, the United Kingdom introduced a separate Order on the Exemption of Technology Transfer Agreements on May 1, 2026 (until now, the United Kingdom had still applied the European Union’s 2014 TTBER and Guidelines), which adds a new layer of complexity for companies operating cross-border.1
I. TTBER and Guidelines in a Nutshell
| TTBER | Guidelines |
|---|---|
| Exempts from prohibition in Article 101(1) of the Treaty on the Functioning of the EU (TFEU) certain categories of bilateral technology transfer agreements meeting specific conditions, because these agreements can be assumed to meet the conditions of Article 101(3) TFEU—the exception for agreements that create efficiencies. | Interpret and explain the TTBER and how its safe harbor operates, and how key concepts (e.g., scope, market… |
