Civil society calls for EU-wide ban on spyware amid rising rights concerns
A new position paper from European Digital Rights (EDRi) and partners argues that spyware has become ‘one of the most pressing threats to democracy, fundamental rights, and cybersecurity’ in the European Union and globally . It calls for a full EU-wide prohibition on the development, sale, export, and use of spyware.
European Digital Rights (EDRi) and partner organisations have issued a position paper urging the European Union to adopt a full ban on spyware, arguing that such technologies pose a systemic threat to democracy, fundamental rights and cybersecurity. The paper states that both state and private actors have increasingly deployed commercial spyware with serious consequences for privacy, political freedoms and individual safety, noting that Europe has become a major location for the development and trade of these tools.
According to the analysis, spyware compromises device integrity, exploits vulnerabilities, and enables the overt collection of large quantities of personal information. Its use, the paper argues, violates necessity and proportionality requirements under European human-rights law and has facilitated abuses, including surveillance of journalists, activists and opposition figures, contributing to a wider shrinking of civic space. The document also highlights reports of spyware used against senior officials, signalling risks to national security and democratic processes .
EDRi concludes that no safeguards can make spyware compatible with fundamental rights, stating that proposals for ‘human-rights-compliant spyware’ are technically and practically unfeasible and lack realistic incentive structures for vendors or states to impose meaningful restrictions. It therefore calls for a complete prohibition on development, production, sale, export and use of spyware within the EU, supported by a clear legal definition and applying to both public and private actors.
The paper underscores that the current legislative environment has allowed the commercial spyware market to flourish in Europe, enabling expansion into neighbouring and candidate countries and raising concerns about the EU’s role in legitimising such tools . It calls for complementary measures including victim-remedy mechanisms, investigations, sanctions and accountability for public officials involved in unlawful use.
Why this call matters for civil society
The position carries significance for civil society groups because spyware has been used against journalists, human rights defenders, and civil society organisations, creating deterrent effects and limiting their ability to operate freely. When surveillance tools are deployed without strict accountability, organisations working on public-interest issues may face increased risk of monitoring, exposure of sensitive communications, and potential retaliation. For civil society, effective safeguards against such practices are linked to the protection of freedoms of expression, association and participation in democratic processes. A ban, in this context, is seen as a necessary step to ensure that advocacy, watchdog work and community organising can take place without unlawful intrusion or intimidation.
