DIGITALEUROPE Views on Encryption

EXECUTIVE SUMMARY

DIGITALEUROPE as the voice of Europe’s digital technology industry expresses its willingness to work closely with the EU Institutions and policymakers to provide valuable knowledge on encryption technology and encourage opportunities of dialogue with industry. As the EU Institutions continue to understand and consider the role that encryption can play in securing the global economy, critical infrastructure and the privacy of individuals, DIGITALEUROPE believes any future actions by policy makers within the field of encryption should focus on:

1. Promoting data security and privacy – Encryption is fundamental for the economic growth and societal enhancement of the data economy as it allows citizens and organisations to communicate and store information securely and confidentially while protecting data against increasingly sophisticated cyberattacks.

2. Avoiding technology mandates and backdoors – Government mandates on the design of technology including the creation of backdoors will impede innovation, hurt the economy, and weaken data security and privacy. Technology providers should be enabled to develop and implement encryption solutions tailored to achieve the best possible data security and privacy.

3. Encouraging judicial cooperation between Member States – Member States must overcome conflicts in national legislation, lengthy procedures for mutual legal assistance and competent jurisdiction issues.

4. Enhancing collaboration between industry and law enforcement – Strong cooperation is needed between the private sector and public sector when access to data is needed for law enforcement purposes. Industry stands ready to partner in areas which could be more effective in identifying ‘malicious’ actors.

5. Mitigating risks in the Internet of Things and the Cloud – Encryption protects sensitive and confidential data in the Cloud and in the Internet of Things environment, where it becomes a mitigating factor for security, privacy and safety risks and an accountability measure.

6. Ensuring the free flow of data in the Digital Single Market – Encryption guarantees secure interaction among devices, network, supporting infrastructures and users.

7. Avoiding restriction in trade agreements – Future EU trade agreements should avoid restrictions on the import, use and sale of commercial cryptographic goods.

8. Promoting innovation, research and investments – Promote the use of EU funds to increase research and investment into stronger private sector driven encryption solutions along with emerging/evolving technologies (e.g. blockchain) to leverage the opportunities offered by these new technologies.