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Perspectives in law, business and innovation

Quantum Technology Governance: Legal and Regulatory Perspectives

Mateo Aboy, Marcelo Corrales Compagnucci, Timo Minssen

Published Jan 1, 2026• 0 citations
Publisher

Abstract

This chapter offers an overview of Quantum Technology Governance : Law & Regulation , highlighting the foundational role of quantum information technology (QIT) and the legal, regulatory, and geopolitical considerations arising from its recent advancements. It maps how quantum computing, communication, and sensing intersect with established legal and governance frameworks across intellectual property, cybersecurity, export controls, and international law. The chapter introduces a progressive analytical structure that begins with QIT’s ontological and governance foundations before turning to domain-specific regulatory considerations and global strategic implications. It synthesizes key themes developed throughout the volume, including adaptive legal interpretation; layered governance mechanisms such as the governance-stack model; mixed intellectual property strategies combining patents, trade secrets, and open innovation; empirical patent trends; EU and US approaches to quantum-enabled cybersecurity risks; the evolution of export control architectures; and the application of effects-based norms in public international law. Across these domains, the chapter identifies a recurring theme of regulatory adaptability. Although QIT introduces non-classical features that stress-test existing legal and policy systems, we argue that many challenges can be met through interpretive flexibility, evidence-based policymaking, and technology governance rather than wholesale doctrinal reform. By integrating legal analysis, empirical insights, and international governance perspectives, the chapter provides policymakers, technologists, scholars, and practitioners with a roadmap for responsible quantum governance as technologies transition from theoretical potential to practical deployment.

DOI
10.1007/978-981-95-8371-3_1

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This chapter offers an overview of Quantum Technology Governance : Law & Regulation , highlighting the foundational role of quantum information technology (QIT) and the legal, regulatory, and geopolitical considerations arising from its recent advancements. It maps how quantum computing, communication, and sensing intersect with established legal and governance frameworks across intellectual property, cybersecurity, export controls, and international law. The chapter introduces a progressive analytical structure that begins with QIT’s ontological and governance foundations before turning to domain-specific regulatory considerations and global strategic implications. It synthesizes key themes developed throughout the volume, including adaptive legal interpretation; layered governance mechanisms such as the governance-stack model; mixed intellectual property strategies combining patents, trade secrets, and open innovation; empirical patent trends; EU and US approaches to quantum-enabled cybersecurity risks; the evolution of export control architectures; and the application of effects-based norms in public international law. Across these domains, the chapter identifies a recurring theme of regulatory adaptability. Although QIT introduces non-classical features that stress-test existing legal and policy systems, we argue that many challenges can be met through interpretive flexibility, evidence-based policymaking, and technology governance rather than wholesale doctrinal reform. By integrating legal analysis, empirical insights, and international governance perspectives, the chapter provides policymakers, technologists, scholars, and practitioners with a roadmap for responsible quantum governance as technologies transition from theoretical potential to practical deployment.
Quantum information technology (QIT) encompasses a collection of emerging innovations-quantum computing, quantum communication, and quantum sensing-that leverage unique properties of quantum systems, such as entanglement, superposition, and quantization, in order to process information in ways that are either classically impossible or infeasible. While QIT remains in relative infancy, its potential for unprecedented computational speedups, security of communication, and ultra-precise measurement foreshadows its impacts and risks across economic, strategic, and societal domains. We situate QIT within both its historical and technological context, focusing on the question of what is sui generis or unique about QIT with respect to both technical detail and governance imperatives. We identify how the unique ontological properties of quantum systems may raise novel legal conceptual dilemmas and propose a governance-stack model that aligns potential regulatory instruments with specific layers of the QIT technical stack, enabling precise risk assessment and stakeholder-focused regulation. By adopting an information-theoretic lens, we analyze how QIT's novel affordances-ranging from decryption of classical encryption to ultra-precise sensing-may potentially impact legal domains. Our contribution aims to lay a foundation for understanding QIT's legal implications, offering a framework to navigate its opportunities and risks.
The rapid advancement of quantum computing technology presents unprecedented opportunities and challenges for global governance. This comprehensive study examines the current landscape of international quantum computing regulation, exploring the delicate balance between fostering innovation and addressing security concerns. Through a mixed-methods approach, including policy analysis, expert interviews, and case studies of key countries and regions, we identify significant fragmentation in regulatory approaches, a pressing need for standardization, and ethical considerations that demand immediate attention. Our findings reveal strong stakeholder support for international cooperation, despite geopolitical tensions, and highlight the risk of a growing "quantum divide" between nations. Based on these insights, we propose a series of recommendations, including the establishment of an International Quantum Governance Forum, the adoption of a risk-based adaptive regulatory framework, and the implementation of a Global Quantum Literacy Initiative. This research contributes to the ongoing dialogue on quantum technology governance and provides a roadmap for policymakers, researchers, and industry leaders to navigate the complexities of regulating this transformative technology. By addressing these challenges proactively, we can harness the full potential of quantum computing while mitigating its risks, ultimately shaping a quantum future that benefits all of humanity.
Abstract The burgeoning field of quantum technologies presents a transformative landscape with profound implications for law and development. This abstract outlines some of the rising key issues at this critical intersection, highlighting the urgent need for interdisciplinary engagement and proactive policymaking. The unique characteristics of quantum technologies and related advancements are challenging the existing legal frameworks, particularly in intellectual property. Questions surrounding the patentability of quantum algorithms and hardware, the delicate balance between protecting innovation and fostering open access, and the potential for future patent disputes demand novel legal solutions. Ensuring equitable quantum disparities between developed and developing countries is paramount. Furthermore, the advent of quantum technologies poses a significant threat to current data security protocols. The potential to break existing encryption methods necessitates the rapid development and global adoption of postquantum cryptography. In addition, the societal and ethical implications of enhanced surveillance capabilities of quantum technologies require proactive and careful legal consideration within the privacy and civil liberties framework. Beyond security, there are fundamental ethical and societal considerations with emerging technologies. The dual-use nature of many quantum technologies raises concerns about their potential misuse. Addressing the law and development disparities inherent in this technological revolution is critical. Unequal access to research, funding, and infrastructure risks concentrating the benefits of quantum technologies in a select few nations. International collaborations, flourishing quantum ecosystem, and thoughtful technology transfer policies are essential to ensure that developing countries can participate in and benefit from this progress and enjoy these technologies to the fullest. Finally, the fast pace of innovation necessitates a reevaluation of existing regulatory challenges and innovation bottlenecks. Innovation and development should be fostered, not hindered by regulation. Adapting current legal frameworks and developing new regulations that balance fostering innovation with mitigating potential risks is crucial. There is a pressing need to create international legal standards and shared regulatory framework in the globally interconnected field of quantum technologies. In conclusion, the rise of quantum technologies presents a complex web of ethical, societal, economic, political, legal, and developmental challenges. Addressing these issues effectively requires proactive, collaborative efforts from legal scholars, policymakers, scientists, industry leaders, and the international community to ensure a future where quantum innovation contributes to equitable global development and operates within a robust and ethical legal framework.
Quantum technologies are rapidly emerging as a transformative force with profound implications for critical infrastructures, national security, and global governance. Quantum computing, quantum communications, and quantum sensing promise unprecedented advances in data processing, secure communications, and environmental and infrastructure monitoring. At the same time, their disruptive potential introduces new ethical, security, and geopolitical risks, particularly for systems that underpin modern societies such as energy networks, telecommunications, finance, transportation, and defence infrastructures. This paper examines the governance of quantum technologies for critical infrastructures, moving from ethical impact assessment to the formulation of coherent national strategies. The study argues that the unique characteristics of quantum technologies — including their high degree of complexity, dual-use nature, and capacity to undermine existing cryptographic and security frameworks — require a shift from reactive regulation to anticipatory and responsible governance. Traditional regulatory approaches are insufficient to address the speed, uncertainty, and strategic relevance of quantum innovation. Instead, the paper emphasizes the need to integrate ethical impact assessment, risk analysis, and societal considerations at the earliest stages of research, development, and deployment. Ethical governance is presented not as a constraint on innovation, but as a foundational element for ensuring trust, resilience, and long-term sustainability. The analysis situates quantum governance within a broader geopolitical context, highlighting how major global actors are investing in quantum capabilities as strategic assets. This competition increases the urgency for coordinated governance frameworks that balance technological sovereignty, security, and international cooperation. Particular attention is given to the protection of critical infrastructures and the transition towards quantum-safe systems, especially in the field of cybersecurity and secure communications. Finally, the paper outlines the implications for national and European strategies, stressing the importance of multi-level governance involving governments, international organisations, industry, and research institutions. It concludes that only a holistic approach — combining ethical foresight, anticipatory governance, and strategic planning — can ensure that quantum technologies enhance societal resilience and security rather than exacerbate systemic vulnerabilities. In this sense, quantum governance becomes a central component of future national strategies for critical infrastructure protection and technological leadership.
Quantum computing is rapidly emerging as a transformative technological paradigm with the potential to disrupt cryptography, optimization, material science, and artificial intelligence. However, its dual-use nature introduces profound regulatory, ethical, and geopolitical challenges. This paper explores the governance landscape of quantum computing, emphasizing the need for anticipatory policy frameworks, international coordination, and responsible innovation mechanisms. It highlights risks related to cybersecurity, algorithmic inequality, and technological monopolization. The study proposes a multi-layered regulatory model integrating national strategies, global treaties, and industry self-regulation to ensure equitable and secure quantum development
In the rapidly evolving field of quantum communication, the regulatory framework plays a crucial role in ensuring security, standardization, and international cooperation. This article examines various approaches employed by countries to regulate quantum communication. The purpose of this research is to comprehensively analyze and compare different international approaches to the regulation of quantum communication to identify key features characteristic of the current stage of development and regulation of quantum communication, as well as to develop recommendations for optimizing and improving regulatory governance in this area. The methodological basis of the study consisted of general scientific and special methods. A detailed study of various legal documents, strategies, and standards related to quantum communication was conducted using the following general scientific methods: analysis, synthesis, induction, and system analysis. Among the special legal methods used was the comparative legal method, which made it possible to identify general trends, differences, and unique approaches in the regulation of quantum communication, as well as the formal-legal method for studying legal categories and legislative techniques used in various acts in the studied area. The study systematically examines legislative measures, government policies, and industry standards to determine the relationship between technological innovation and regulatory governance in the field of quantum communication. The research revealed that the regulation of quantum communication is primarily carried out at the level of strategic documents, such as national roadmaps, which contain recommendations and guidelines for regulating quantum communication. It was found that technical standards play a vital role in the development of quantum communication, with this development occurring at both national and international levels. Special groups and centers have been established for the effective implementation, development, and regulation of quantum communication, which allows for the identification of social, legal, political, and ethical issues. The main conclusions include the need to monitor administrative barriers, identify priority sectors for the implementation of quantum communication, and recognize quantum communication as a dual-use technology. It is recommended that an international certification and tracking system be created for quantum communication devices for export and import control purposes.