NewSpace – CMS Space Law

The digital transformation is not only affecting areas close to Earth, but outer space as well. It plays a key role in driving progress in the fields of digitalisation, research, the economy, defense and security. New opportunities are opening up to tackle global challenges such as the climate crisis, resource procurement and the mobility transition – all through the use of technology such as artificial intelligence (AI) in space. However, as the importance of space grows, new legal challenges are emerging, shaped by the rapidly expanding space economy, SpaceTech and NewSpace.

CMS launches cooperation with satellite start-up on new EU Deforestation Regulation

Legal Update Germany

CMS launches cooperation with satellite start-up on new EU Deforestation Regulation

23 Dec 2024 6 min read

Defense & Security

Germany

Defense & Security

NewSpace refers to the new era of space exploration, which is no longer dominated exclusively by government space agencies. Private companies, innovative business models and technological progress have the potential to make space accessible for commercial and civil society purposes. This development opens up a wide range of new opportunities – from the provision of internet services via satellite to the use of space-based resources for sustainable solutions.

However, with the increasing commercialisation of space, a host of legal issues are arising in this new era. This is not just about providing a legal framework for space projects, but also protecting resources that could be utilised in space.

Space law has evolved from a series of international agreements and treaties which primarily govern the use of outer space for peaceful purposes. The 1967 Outer Space Treaty and other United Nations agreements form the basis for this. However, the NewSpace revolution calls for new, dynamic regulations that take private companies and innovative start-ups into account. The European Union (EU) has recognised the importance of space for Europe's economic and technological future and is stepping up its efforts in this area. A key element of these efforts is the proposed EU Space Act: The EU Space Act will integrate private and space commercial activities into the European legal framework, while promoting innovation.

At national level, too, the German Federal Government has developed a space strategy. The aim is to position Germany as a leading centre for space technology – for both public sector organisations and private companies. This strategy is being pursued by the current coalition government with the aim of introducing new legislative initiatives and funding programmes to optimise the framework conditions for the German space sector. The Federal Government has also marked space travel in its high-tech agenda as one of the most important strategic fields of research and has presented a space security strategy.

Discover how companies can structure space projects, SpaceTech and commercial space activities with legal certainty.

Get advice now!

As an international full-service law firm, CMS's interdisciplinary and cross-sector teams have in-depth knowledge of all areas of space law – from cyber security and corporate law to the protection of trade secrets. We advise companies that operate in the space industry or are planning to enter the sector. Our experts offer bespoke solutions to help you design and successfully implement your innovative business models in a legally compliant manner. We support you in establishing innovation partnerships and navigating complex legal landscapes.

The NewSpace era presents a wide range of opportunities and challenges for established companies and start-ups alike. Space is increasingly becoming a hub for economic resources, driving innovation forward. CMS is your partner in navigating the legal hurdles of this exciting development. Let's work together to shape the legal framework for a future-proof space economy.