Source code: A trade-related barrier to the right to repair

A new report commissioned by the Transatlantic Consumer Dialogue (TACD), and supported by the Heinrich-Böll-Stiftung's EU | Global Dialogue and Washington, DC USA | Canada | Global Dialogue offices, highlights mounting concerns that international trade agreements are creating barriers to consumers’ right to repair the products they own. As everyday devices from smartphones to tractors become ever more reliant on software, restrictive clauses in free trade agreements are making it harder for consumers and independent repairers to access the tools and information they need for effective repairs.

The first-of-its-kind TACD report, authored by Anthony D Rosborough, details how digital trade rules, such as so-called “source code protection” provisions threaten to override ambitious right to repair laws now advancing in both the United States and European Union. These clauses can be invoked by manufacturers to deny access to vital software tools, undermining laws designed to promote sustainability, consumer choice, and more competitive repair markets.

In addition to publishing the report, TACD is releasing targeted recommendations, urging U.S. and EU policymakers to recalibrate digital trade policies. The coalition calls for removing source code rules in trade agreements, to ensure these do not obstruct urgently needed right to repair policies for consumers and the environment.