Space is no longer the exclusive domain of astronauts and scientists. Today, it’s a bustling marketplace, a strategic asset, and a legal battleground. The European Union’s new Space Act is set to transform the legal landscape for space activities, impacting everyone from satellite start-ups to established aerospace companies, as well as national governments and private individuals seeking legal advice.
It is the first time that the European Commission has put forward an initiative in this area. The EU Space Act will affect a wide range of stakeholder, including space operators and spacecraft manufacturers, providers of public electronic communication networks, companies developing novel space technologies and applications, national (space licensing) authorities, experts and academics. Industries such as those dealing with space-based data, airlines and air navigation service providers will also be affected.
But what does this mean for businesses, individuals, legal professionals and lawyers? How will the new legislation shape legal fields such as compliance, contract law and dispute resolution? This blog offers a first practical guide to the developments.
Background EU Space Act
The development of an EU Space Act had been in the pipeline for several years. In 2021, the EU Space Programme and the European Union Agency for the Space Programme (EUSPA) were established. That same year, the Action plan on synergies between civil, defence and space industries was announced, alongside several Council requests for EU action on space traffic management. Furthermore, in 2022, the EU Approach for space traffic management and EU’s contribution to addressing the global challenge of a lack of international norms and standards were published. Subsequently, in 2023, the EU Space Strategy for Security and Defence reaffirmed the importance of establishing an EU-wide framework.
Following the Draghi report on EU competitiveness, the Letta report for empowering the Single Market, the Competitiveness Compass to reignite Europe’s economy and Commission work programme for 2025 – which promised to prepare rules for the space sector – the European Commission has identified the EU Space Act as a key priority.
In a previous blog post about the work programme, MAAK Advocaten discussed the EU’s ambitions for a stronger, simpler and faster EU by 2025 in detail (only available in Dutch).
The Legal Landscape: From Fragmentation to Harmonisation
Until now, Europe’s space sector has been governed by a patchwork of national laws. Thirteen EU Member States have their own space legislation, each with different requirements for safety, resilience, and environmental sustainability. This fragmentation has led to legal uncertainty, increased compliance costs, and obstacles for cross-border operations – challenges familiar to any company active in the space sector.
The EU Space Act, proposed by the European Commission on 25 June 2025, aims to create a single market for space activities. It introduces harmonised rules for authorisation, supervision, and enforcement, covering both EU and non-EU operators providing space-based services in Europe. In other words, it establishes a common rulebook. The Act is designed to ensure legal certainty, foster innovation, and enhance the competitiveness of the European space industry, while also addressing pressing issues such as space debris, cybersecurity, and environmental impact. It is intended to fulfil the EU’s ambition for a cleaner, safer and more competitive space sector.
Key Provisions EU Space Act
The EU Space Act introduces a robust framework for authorisation and registration. Space operators must obtain authorisation from a national competent authority (NCA) before providing space services. Authorisations are recognised across Member States, but stricter requirements may be imposed for launches or operations in another Member State. The Union Register of Space Objects (URSO) ensures traceability and transparency by registering all authorised operators.
Supervision and enforcement are central to the Act. NCAs have broad powers: they can conduct investigations, audits, on-site inspections, and impose administrative fines or suspend authorisations. The EUSPA supports the European Commission in registration, supervision, and technical assessment.
The EU Space Act applies to all space operators, collision avoidance service providers, and primary providers of space-based data operating in the EU, regardless of where they are established. Defence and national security activities are excluded, preserving Member States’ sovereignty.
The Act provides detailed definitions for key terms, such as space object, spacecraft, constellation, launch vehicle and in-space operations and services (ISOS), reducing ambiguity and supporting clear legal consultation.
Compliance in Practice: Authorisation, Supervision, and Enforcement
The authorisation process is rigorous. Operators submit a technical file demonstrating compliance with safety, resilience, and sustainability requirements. Qualified technical bodies (QTBs), accredited under national law, assess compliance. These bodies must be independent, impartial, and possess the necessary legal expertise. NCAs issue or refuse authorisation within 12 months, with the possibility of suspension for incomplete applications. A single authorisation can cover an entire satellite constellation, streamlining procedures and reducing administrative burden.
Supervision and enforcement are ongoing. NCAs can require information, conduct audits, and carry out on-site inspections. Administrative fines can reach up to twice the economic benefit gained or 2% of global annual turnover. Authorisations can be suspended or withdrawn for non-compliance. Decisions by NCAs and QTBs can be appealed to national courts and, ultimately, to the Court of Justice of the European Union (CJEU).
Imagine a Dutch satellite start-up seeking to launch a constellation from France, with ground operations in Germany. Under the old system, this would require navigating three different legal regimes, each with its own procedures and compliance requirements. Under the EU Space Act, a single authorisation -recognised across the EU – streamlines the process, reducing costs and legal uncertainty.
Space Safety, Resilience, and Sustainability: Legal Duties and Opportunities
The proposed EU Space Act is structured around three key pillars: (i), safety, (ii) resilience and (iii) sustainability.
Safety
Safety is paramount. Operators must submit detailed flight safety plans covering coordination with air traffic and maritime authorities, risk assessments, and flight safety systems. Collision avoidance is mandatory, with real-time tracking and reporting obligations, as currently 11,000 satellites are in orbit and 50,000 more are expected by 2035. The EU Space Surveillance and Tracking (EU SST) corporation, established in 2021, is also relevant in this regard. Furthermore, operators must design spacecraft and launch vehicles to minimise debris, avoid fragmentation, and ensure safe end-of-life disposal.
Resilience
Resilience is addressed through comprehensive risk management systems, covering both digital and physical threats. This must ensure cybersecurity of space activities and uninterrupted satellite data for crucial sectors, as estimates are that cyberattacks cost the industry €1 billion each year and are still rising fast. Significant incidents must be reported to authorities within strict timelines, with follow-up investigations and remediation. Operators must have business continuity and disaster recovery plans, including regular testing and staff training.
Sustainability
Sustainability is a core focus. Operators must calculate and report the environmental impact of their activities, using standardised methodologies. Life Cycle Assessment (LCA) covers all stages of a space mission, from design and manufacturing to operation and disposal. The Act encourages sustainable practices, such as in-orbit servicing, recycling, and reuse of space assets.
Cybersecurity and Risk Management: A New Legal Standard
The EU Space Act introduces sector-specific cybersecurity requirements, supplementing Directive 2022/2555 (NIS 2 Directive) and Directive 2022/2557 (CER Directive). Key measures include information security management systems, identity and access management protocols, encryption and cryptographic key management, supply chain risk management, and Threat Led Penetration Testing (TLPT).
A practical example: A satellite operator detects a cyberattack targeting its ground control systems. Under the EU Space Act, the operator must immediately report the incident, activate its business continuity plan, and cooperate with authorities and the Union Space Resilience Network (EUSRN). Failure to comply can result in significant fines and reputational damage.
Environmental Footprint: Sustainability Obligations and Opportunities
Operators must submit an Environmental Footprint Declaration (EFD) as part of their authorisation application, supported by an EF certificate from a QTB. Data must be transmitted to a central EU database, supporting transparency and informed policymaking. Small enterprises and research institutions may be exempt until 2031, recognising the need for proportionality.
The EU Space Act supports the development of sustainable technologies, such as debris removal, in-orbit servicing, and eco-design. Operators can obtain a Union Space Label for meeting higher standards of safety, resilience, and sustainability, enhancing their market reputation.
The Role of Legal Professionals: Advice, Strategic Support and Litigation
Lawyers and legal consultants play a crucial role in guiding clients through the authorisation process, drafting compliance policies, and advising on risk management. Legal support ranges from contract drafting to dispute resolution, ensuring that clients meet their obligations and protect their interests. Legal expertise in space law, regulatory compliance and contract law is increasingly in demand.
Practical Tips
Start early. Begin compliance planning well before the 2030 application date. Early engagement with QTBs and NCAs can prevent costly delays. Leverage digital tools, such as the EU’s digital platforms (Union Register of Space Objects (URSO) and Information Portal), to streamline compliance and access up-to-date information. Monitor legal updates through legal news sources and subscribe to legal blogs for the latest developments. Engage in public consultation – the EU Space Act’s public consultation process offers a chance to influence future regulations and share practical feedback. Consider the Union Space Label – meeting higher standards can enhance your reputation and open new market opportunities.
Conclusion & next steps
The EU Space Act marks a new era for space law, compliance, and innovation in Europe. For legal professionals, businesses, and individuals seeking legal advice, the Act offers both challenges and opportunities.
The EU Space Act proposal is currently progressing through the ordinary legislative procedure, with negotiations ongoing by the European Parliament and the Council. If adopted, the Act will take the form of an EU regulation, making it directly binding in all EU Member States without the need for national implementation.
The initial eight-week public consultation period was open from 15 July 2025 to 11 September 2025, allowing anyone to submit feedback and comments on the EU Space Act. This feedback period has now been extended until 5 November 2025. Feedback can be submitted via the link provided on this website. All feedback received will be published by the European Commission on the same website, summarised, and forwarded to the European Parliament and the Council for further consideration.
