European Union: European Union and India concluded negotiations for Free Trade Agreement including technology transfer provisions

On 27 January 2026, the European Union (EU) and India concluded negotiations for a Free Trade Agreement (FTA). The agreement features a digital trade chapter that includes rules on the protection of software source code to prevent its mandatory disclosure to authorities or competitors. The provision applies to software and products containing software traded between the parties. The chapter prohibits a party from requiring the transfer of or access to source code owned by a person of the other party as a condition for the import, export, distribution, sale, or use of the software. However, the provision does not prevent voluntary commercial transfer of source code, including in procurement contracts. Exceptions allow regulatory, law enforcement, judicial, or conformity assessment authorities to request access to source code for investigation, inspection, enforcement actions, or judicial proceedings, subject to safeguards against unauthorised disclosure. It provides that access may also be required to address competition law violations or barriers to entry in digital markets, and to pursue legitimate public policy objectives, including public security, cybersecurity, online safety, public health, or preventing the spread of disinformation.