Satellite constellations, launch operations, Earth observation, and space-based defense: Space technology is becoming one of the world’s fastest-growing sectors, with new mar-ket entrants, innovative business models, and an evolving regulatory landscape creating entirely new challenges for companies, investors, and public authorities.
Many of these challenges are legal, and range from export control and dual-use rules to li-ability under international space law, cybersecurity for orbital infrastructure, foreign in-vestment control, and the structuring of complex space transactions. We combine exper-tise from across our firm’s practice areas to provide integrated advice that spans the full spectrum of space-sector issues – from the authorisation of space operations to dispute resolution, and from venture capital financing to public procurement.
EU Space Act
In response to the growing importance of the space sector, the European Commission has proposed the EU Space Act, which would establish an EU-wide legal framework for space activities. Its aim is to overcome the current fragmentation resulting from differing national space laws and to provide a framework for the safe, sustainable, and resilient operation of satellites, launch vehicles, and space services. Key elements include an authorisation regime for space operators, a registration requirement for space objects, security requirements including cybersecurity provisions linked to the NIS 2 Directive, and sustainability requirements aimed at preventing space debris.
We advise on all aspects of the regulatory framework for space activities, from assessing authorisation requirements and structuring space projects to representing clients before national authorities and the European Commission.
Satellite & communications infrastructure
Satellite systems form the backbone of modern communication, navigation, and Earth observation infrastructure. But as more satellite constellations such as IRIS are deployed and space-based services become increasingly important for industry, transport and public security, new legal challenges are emerging – from spectrum allocation and orbital coordination to telecommunications law, public procurement procedures, and data protection requirements for data collected by space-based systems.
We advise satellite operators, infrastructure providers, and public authorities on regulatory authorisations, the structuring of operator and service agreements, and procurement procedures in the space sector.
For more, see TMT
Mobility
The lines between air and ground transport are becoming increasingly blurred. Electric vertical take-off and landing aircraft (eVTOLs), drone logistics and autonomous flight systems are reshaping mobility. Manufacturers, operators, infrastructure providers and municipalities face a complex framework of aviation law, planning law, telecommunications law and product approval requirements.
We advise clients at the intersection of aviation and mobility – from EASA certification and procurement procedures for vertiport sites to structuring operating models and investments in the IAM sector.
For more, see Automotive & Mobility
Defense & security
The strategic importance of space to European security and defense policy has increased significantly in recent years. In its White Paper for European Defence – Readiness 2030, the European Commission highlights the key role that space capabilities have to play. The EU Space Act also responds to the growing security relevance of the space sector by introducing specific security requirements for space activities. At national level, the Federal Government’s National Security and Defence Industry Strategy highlights the space industry as central to Germany’s defense capability.
Drawing on our many years of experience advising clients in the defense sector, we assist companies in the space and defense industries, their suppliers, and public-sector clients on matters at the intersection of space and defense – from public procurement and security clearances through to joint ventures in the European defense sector.
For more, see Defense & Security
M&A, private equity & venture capital
The space sector is experiencing rapid growth, with innovative start-ups increasingly driving technological and commercial developments alongside established companies. That means attractive investment opportunities for venture capital, private equity and strategic investors while raising complex legal questions that go beyond traditional transaction advice.
We advise investors and companies in the space industry comprehensively on M&A transactions, venture capital financing, joint ventures and strategic cooperations, combining transactional expertise with a sound understanding of the regulatory intricacies of the space sector.
For more, see Mergers & Acquisition
Export controls & dual use
Space technologies are frequently subject to export control and sanctions regimes, particularly where they qualify as dual-use items or defense technologies. An expanding sanctions landscape, tighter controls on technology transfers to non-EU countries and evolving European security and defense policies are driving increasingly stringent export control requirements.
We advise companies across the space industry on all aspects of export control and sanctions, guide them through authorisation procedures and assist them in implementing robust export control compliance programmes.
For more, see Foreign Trade Law
Dispute resolution & arbitration
The increasing commercialisation of space is producing a rising number of disputes at the intersection of private, public and international law. Because international dispute resolution mechanisms largely address disputes between states, international arbitration and alternative dispute resolution are becoming increasingly important for private parties.
We advise companies, investors and public sector clients on the structuring of effective dispute resolution provisions in space-related contracts, represent them in international arbitration and assist in the out-of-court resolution of disputes, including through mediation and conciliation.
For more, see Dispute Resolution, Litigation and Arbitration
Cybersecurity
The EU Space Act addresses the growing threat of cyberattacks on space infrastructure by introducing targeted cybersecurity requirements for space activities. It is closely linked to the NIS 2 Directive, which for the first time explicitly includes the space sector in the scope of critical infrastructure. Operators of space infrastructure and ground-based control systems will in future be required to implement appropriate security measures and report security incidents.
We bring together the combined expertise of our specialists across the firm to help companies meet cybersecurity requirements in the space sector – from risk assessment and the implementation of technical and organisational measures to incident response.
For more, see Cybersecurity / Incident Response
IP
Space technologies are among the most innovative and sensitive technologies. Their cross-border development and deployment raise complex issues relating not only to the protection of patents, licences, knowledge and trade secrets but also to technology transfer, creating unique challenges businesses.
We advise and support companies, research institutions and investors on the protection, commercialisation and enforcement of intellectual property rights in the space sector – from IP due diligence and drafting licence and technology transfer agreements to international transactions and disputes.
For more, see Trademarks
ESG: sustainability in space
With over 128 million pieces of space debris in orbit and over 50,000 new satellite launches expected over the next decade, sustainability in space is becoming a pressing concern – and a regulatory obligation. The EU Space Act introduces, for the first time, a mandatory environmental footprint declaration for space activities and establishes requirements aimed at limiting space debris, promoting sustainable orbital operations and addressing the environmental impact of rocket launches. These requirements form part of the broader ESG regulatory landscape and are becoming increasingly relevant for space industry companies, particularly in the context of sustainability reporting, green finance and investors’ ESG compliance expectations.
We combine ESG expertise with in-depth space sector knowledge to help companies integrate sustainability requirements into their space projects.
For more, see ESG: Environmental - Social - Governance
