The European Commission updated its rules on technology licensing to better reflect how the digital economy operates today. In simple terms, companies can still license technology (like patents or software) without breaching competition law—but now under clearer, more detailed conditions that aim to prevent abuses.
The reform puts a spotlight on two key issues: data and collaboration. Data is now treated as a strategic asset, so the rules clarify when sharing or licensing it is legitimate and even beneficial. At the same time, they address how companies negotiate access to technology—especially in groups—making clear when this cooperation is efficient and when it crosses the line into anti-competitive conduct.
It also fine-tunes practical aspects like market share thresholds and the conditions for “safe harbour” protections, particularly for technology pools that support industry standards.
Bottom line: this is a recalibration, not a prohibition. The EU is allowing these agreements, but under tighter scrutiny. Companies will need to revisit their licensing structures, data-sharing practices and negotiation strategies to ensure they remain compliant when the new rules take effect on May 1, 2026.
