Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation

Mauritz Kop

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arXiv · 2509.14262

Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation

Mauritz Kop

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Abstract

Quantum technologies promise transformative advancements but pose significant dual-use risks. Realizing their potential while mitigating risks necessitates a robust, anticipatory, and harmonized EU regulatory framework, grounded in the precautionary principle. Such a framework must be sui generis, as foundational quantum mechanical phenomena -incl. superposition, entanglement, and tunneling -defy the intuitive classical assumptions of factual certainty, causality, and locality that underpin existing legal paradigms, demanding a bespoke regulatory architecture that contributes to the emerging lex specialis for quantum information technologies. Responding to the Quantum Europe Strategy, this contribution outlines the rationale for a dedicated European Quantum Act. Drawing lessons from legislative strategies in the semiconductor (EU/US Chips Acts) and AI (EU AI Act) domains, and analyzing US and Chinese technology policy, we argue the EU needs a 'full-stack' industrial policy. We propose the EU Quantum Act should be a two-pillar instrument, combining New Legislative Framework-style regulation with an ambitious Chips Act-style industrial and security policy. This dual approach fosters innovation through strategic investment (e.g. via a DARPA-style agency) while managing risk through clear, risk-based tiers and regulatory sandboxes. This strategy is presented as essential for EU technological sovereignty and for building a strong transatlantic tech alliance. On the international stage, we advocate for a global non-proliferation framework for quantum and AI wmd's inspired by the IAEA/NPT model and overseen by an 'International Quantum Agency'. This vision culminates in the 'Qubits for Peace' initiative, a global governance structure to ensure quantum technologies are developed safely and ethically. The article concludes by consolidating the analysis into a detailed legislative blueprint.

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Mauritz Kop. 2025-09-13. Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation. https://arxiv.org/abs/2509.14262

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