Policy paper

Regulating quantum technology applications: government response to the RHC

Published 8 October 2024

Introduction

Regulation and standards are important tools for cultivating a pro-innovation environment for emerging technologies. The introduction of timely, proportionate regulation enables businesses to spin out and scale up, keeps UK citizens safe against new risks, and provides an opportunity for the UK to shape international thinking and governance on emerging technologies. It is important that regulation is introduced at the right time in the development of new technologies so that it can support, rather than stifle, innovation. Therefore, consideration of regulatory frameworks should begin at an early stage in the lifetime of an emerging technology, such that the necessary foundations, such as regulator awareness, support mechanisms for businesses, and the ability to participate in global standards development processes, are in place for when emerging technologies approach ubiquity.

The UK National Quantum Strategy published in 2023 outlines ambitions to “create a national and international regulatory framework that supports innovation and the ethical use of quantum technologies, and protects UK capabilities and national security”. Following its publication, the Department for Science, Innovation and Technology (DSIT) commissioned the Regulatory Horizons Council (RHC) to review the future needs for quantum technologies regulation to enable the sector to innovate and grow, which the RHC published in February 2024 following extensive stakeholder engagement.

The government welcomes the publication of the report and is supportive of the recommendations from the RHC. We agree that it is too early to establish regulatory requirements and legislation for quantum technologies at this stage given the nascency of the sector, but sustained action is required now to increase regulatory capability and enable a sector- and application-specific approach to regulating quantum technologies in the future. Taking an approach that is transparent, collaborative, and evidence-based will ensure that regulation plays an enabling role in supporting the development of quantum technologies, providing assurance and confidence across the ecosystem, and de-risking innovation and investment.

The proposed response reflects the stage of development of each type of quantum technology and will be kept under review as they progress through technology readiness levels. Initial activity will focus on introducing discussion fora, upskilling and increasing regulatory engagement, and guiding the development of the sector through industry-led principles and standardisation. Our longer-term objectives will focus on identifying gaps in existing regulation and introducing proportionate requirements to mitigate risks when needed. The Office for Quantum will work with regulators, academia, and industry to begin prioritising delivery of the proposals outlined in this response.

Response to recommendations

Recommendation 1

Recognising the broad range of sectors involved in developing quantum processes and products and the range of technology readiness levels (TRLs) covered, quantum technology governance should focus on developing application-specific regulatory frameworks that are adaptable and proportionate to the properties of individual innovations and their stage of development. DSIT should work in collaboration with other government bodies and regulators to promote the necessary collaboration and ensure timely and effective development of domain specific regulations that are focused on specific classes of application as outlined in the following recommendations.

• For potentially transformative innovations at early TRLs, the regulatory framework should be proportionate and flexible, and ensure that responsible innovation becomes expected best practice
• For incremental innovations at early TRLs, the focus should be on finding the most appropriate regulatory precedent that fits best with the properties of the quantum innovation
• For both incremental and disruptive innovations at later TRLs, the government should support the use of a range of regulatory options and choose the most appropriate domain-specific regulations on an application-by-application basis

Response: accept

The government supports a regulation-by-application approach for quantum technologies led by sectoral regulators, in line with the findings from the Regulatory Horizons Council (RHC) and the Digital Regulation Cooperation Forum (DRCF), as opposed to introducing cross-cutting regulatory requirements at the technology level. Quantum technologies encompass a broad range of products across a variety of sectors and markets: for example, quantum sensors alone have applications in healthcare diagnostics, underground asset management, pollution monitoring, and position, navigation, and timing, while quantum computing could have transformative effects on logistics and optimisation problems, drug discovery, and materials modelling. This breadth of market impact necessitates the tailoring of regulation to the individual risks and benefits posed by each application to ensure proportionality and promote innovation. This is in line with the approach the government has taken towards other emerging technologies such as artificial intelligence (AI).

A sectoral model will also provide the necessary framework for responding to emerging risks and threats, as the regulators responsible for quantum regulation will already have expertise in that application area. This has the benefit of making the overall approach to regulation of quantum technologies more flexible and adaptable, as regulatory issues are likely to emerge at different rates across individual sectors.

As quantum technologies progress through technology readiness levels (TRLs), DSIT will work with other government departments and regulators to assess how emerging technology applications impact existing regulatory frameworks, identify gaps and whether additional measures are needed, including standards, guidance, and best practice.

Recommendation 2

A Regulatory Forum for Quantum Technologies should be established to address short- to medium-term governance issues, supporting regulators to become quantum-ready, ensuring quantum technology regulatory-systems are appropriately integrated, and avoiding unnecessary fragmentation of quantum regulatory practices. Recognising similar initiatives, we suggest that DSIT should support regulators to establish this forum, drawing on insights from DRCF. Membership should include the full spectrum of relevant regulators with the scope to expand to enable more regulators to become quantum-ready. This forum should consider input from industry representatives, the Responsible Quantum Industry Forum and other stakeholders to ensure a wide range of voices are heard. Key activities for this forum should include:

• Anticipating and identifying gaps or areas where quantum applications interact with current regulations, or where a quantum application poses issues for regulators that span multiple regulatory agencies, building on the experience of DRCF.
• Organising symposiums, workshops and roundtable discussions among quantum researchers, industry experts, and regulators to ensure effective information exchange and knowledge transfer.
• Commissioning research to anticipate the potential societal, economic, and ethical impacts of quantum advances on regulation, building on, for example, existing work by the National Quantum Computing Centre (NQCC).
• Collaborating with international counterparts to gain a global perspective on quantum governance and regulatory best practices.

Response: accept

The government agrees that coordination between regulators and the provision of support to enable them to become quantum ready is an important part of implementing the regulation-by-application approach outlined in Recommendation 1.

Building on the work of the Digital Regulation Cooperation Forum (DRCF), the Office for Quantum in DSIT will support the initial convening of a Regulatory Forum for Quantum Technologies.

Founding membership of the forum is expected to include the:

• Civil Aviation Authority (CAA)
• Intellectual Property Office (IPO)
• Maritime and Coastguard Agency (MCA)
• Medicines and Healthcare products Regulatory Agency (MHRA)
• Office of Gas and Electricity Markets (Ofgem)
• Office for Product Safety and Standards (OPSS)
• as well as participation from the constituent members of the DRCF, comprising the:
  • Competition and Markets Authority (CMA)
  • Financial Conduct Authority (FCA)
  • Information Commissioner’s Office (ICO)
  • and the Office of Communications (Ofcom)

There is scope to include more regulators as the technology evolves and use cases across a wider sectoral base are identified. Following this initial set-up phase, the convening of the forum is expected to be handed over to regulators following a 12-month review.

Recognising the importance of increasing awareness of quantum opportunities and risks as an immediate priority, the activities of the forum will initially focus around building up a community, sharing best practices, identifying joint areas of interest, increasing capabilities across regulators, and teach-ins delivered by officials and experts from the National Quantum Technologies Programme (NQTP) partners such as the National Quantum Computing Centre (NQCC) and the National Physical Laboratory (NPL). In the future, it is expected that the forum will identify and discuss issues which cut across the remits of sectoral regulators to ensure coordination and the development of a cohesive regulatory framework across all quantum technologies. This may include commissioning anticipatory research to expert institutions to study the regulatory impacts of a particular technology and collaborating with international regulatory counterparts.

Recommendation 3

DSIT should consider methods for providing foresight of regulatory requirements. This could be in collaboration with GO-Science, NQCC, the National Physical Laboratory (NPL), and the Regulatory Forum for Quantum Technologies proposed in Recommendation 2. This capability should:

• Build on existing road mapping activities to undertake horizon scanning for future regulatory requirements as part of product development support.
• Establish a short-term focused (1-3 year) horizon scanning mechanism for quantum technology applications at or beyond the technology demonstration TRLs, and on a longer-term basis for applications at earlier TRLs.
• Aim to be objective and realistic about the capabilities of the technology domains and be based on practical timelines to anticipate benefits and risks to coordinate proportionate regulatory initiatives.

Response: accept

The government recognises the importance of horizon scanning activities, which provide early insights for emerging technologies such as quantum, informing the timely introduction of proportionate policy interventions and guiding implementation of the broader quantum programme. Horizon scanning activities will also feed into other regulatory initiatives and risk management. Outputs will be shared with policymakers and regulators to inform them of the risks and opportunities that quantum technologies present for the UK, to identify use cases and forthcoming regulatory issues, provide a steer for teach-ins, and used to direct commissioning of resources to support regulators’ preparation on quantum.

Work on quantum across the government is already informed by horizon scanning activities, including research from the Government Office for Science (GO-Science), the development of a quantum computing technology roadmap by the National Quantum Computing Centre (NQCC), the advice of the National Quantum Technologies Programme (NQTP) Strategic Advisory Board and through consultation with the wider quantum ecosystem. In the future, outputs from these activities will be consolidated to provide an overarching view of developments in the sector. NQTP partners and Quantum Hubs will regularly identify and inform the government of themes arising from applications being developed and important technological developments within their area, with support from GO-Science.

Recommendation 4

Appropriate quantum technology awareness training should be made available for policymakers, regulators, businesses, and the public on the capabilities, applications, and limitations of quantum technologies. This will support the development and acceptance of proportionate, timely, and adaptive regulatory systems, and improve public understanding of the regulatory challenges around quantum technologies. DSIT should keep an overview of the quality and effectiveness of training materials already being made available by the quantum community. Where necessary, DSIT should also, support relevant bodies such as the Royal Society, Royal Academy of Engineering and other professional science and engineering institutions, industries body such as UKQuantum, and NQCC to deliver further training. In addition:

• For policymakers and regulators: a secondment programme could be set up, allowing individuals to spend time with quantum research institutions and industry partners, getting hands-on experience and understanding of quantum technologies. Specialist workshops, roundtables, and expert briefing sessions would also provide in-depth insights into the capabilities, challenges, and opportunities presented by quantum technologies.
• For the public and businesses: awareness campaigns, including digital media, webinars, information sessions, and interactive platforms can reach a broad audience and be employed to explain the realistic capabilities of quantum technologies, the associated potential benefits and risks, and to highlight ongoing work in developing proportionate, adaptable, and timely regulation, along with responsibility in innovation.

Response: accept

To support effective regulation of quantum technologies, it is important that regulators and policy makers have an appropriate awareness and understanding of quantum technologies, their applications, risks, and benefits. To this end, the Office for Quantum already organises monthly meetings of the Quantum Government User Group, which brings officials from key government departments together to discuss the opportunities and risks of quantum technologies, and to identify public sector use cases. As part of the implementation of Recommendation 2, the forum will coordinate teach-ins for regulators, learning lessons from the activities of the Government User Group, to improve the baseline understanding of quantum technologies and their implications. Additionally, the forum will maintain resources that can be distributed to officials within regulators.

In the longer term, and as the technology develops, DSIT will consider supporting secondments to facilitate more targeted upskilling of regulators in applications related to their expertise, through both the STEM Futures and Expert Exchange programmes that exist within DSIT. This follows the commitment to support regulator secondments in response to the Government Chief Scientific Advisor’s Pro-innovation Regulation of Technologies Review. DSIT will also facilitate engagement of regulators with researchers at the Quantum Hubs, providing in-depth exposure to quantum technologies and their applications.

Quantum awareness-raising activities are already being delivered by National Quantum Technologies Programme (NQTP) partners, and these activities should be developed further and expanded beyond regulatory and policymaking circles to the wider public. DSIT will continue to communicate on the benefits of quantum technologies and its policy initiatives. The National Quantum Computing Centre (NQCC) provides an online training course as part of its SparQ User Engagement Programme, geared towards supporting the development of skills within the UK workforce from an early stage. The National Physical Laboratory (NPL) is also developing training material for other quantum technologies. The government welcomes the proclamation of the International Year of Quantum Science and Technology in 2025 and will explore with institutions such as the NQCC, NPL and the Institute of Physics (IOP) how the Year can raise wider public awareness of the benefits and opportunities afforded by quantum technologies.

Recommendation 5

The RHC supports the Office for Quantum’s ambitions to establish testbeds and sandboxes that include regulatory components from their inception, to ensure proactive integration of governance insights in future regulatory decisions. Regulators and standards bodies should be involved either as core partners or interested observers (recognising there will be some cases where it is unclear whether it intersects with a regulator’s remit).

The aim should be to ensure a clear understanding of potential use cases and building knowledge across the ecosystem. At late stage TRLs, regulators should play an integral role in both shaping the regulatory experimentation and assessing potential regulatory challenges. These regulatory testbeds and sandboxes should be designed with a clear focus on how quantum innovations within them can transition to the market effectively. An emerging area that could benefit from such an approach is the identification and implementation of mitigations to the security challenges posed by a cryptographically relevant quantum computer. This includes supporting industry in the adoption and transition to Post-Quantum Cryptography (PQC).

Response: accept in principle

For lower technology readiness level (TRL) technologies such as quantum, sandboxes can help regulators gain insights and improve their decision-making processes. They can act as a platform through which regulators and industry can work together to identify the regulatory implications of future use cases. Nonetheless, sandboxes represent just one class of pro-innovation regulatory tools that can be introduced during the development cycle of an emerging technology and are not the only way through which regulators can engage with industry and innovators. The government will involve relevant regulators in ongoing and future technological testbed programmes to inform regulatory thinking, and will consider whether regulation-specific sandboxes are needed in the future as the technology progresses and demand grows from regulators and industry.

The government recognises that further engagement is needed to support industry understanding of the regulatory implications of quantum technologies, including to support industry transition to Post-Quantum Cryptography (PQC). Following the publication of PQC algorithm standards by the US National Institute of Standards and Technology (NIST) in August 2024, the National Cyber Security Centre has updated the guidance in its White Paper that advises on which PQC algorithms to adopt, considerations over the adoption of hybrid post-quantum/traditional cryptographic schemes, and the initial steps that systems and risk owners in large organisations should take to prepare for the transition to PQC. Additionally, the NCSC will begin to provide support to regulators and government departments, through mechanisms such as the Regulators’ Forum, to prepare them for the transition.

The government will provide further updates in the coming months, outlining how it will help industry and regulators to ensure a timely and well-managed migration to PQC, ahead of publishing a detailed industry engagement plan in 2025.  Alongside this, it will also publish a set of FAQs on PQC migration, and develop a process for identifying assured PQC consultancies who will give good advice to all organisations.

Recommendation 6

The RHC welcomes the launch of the UK Quantum Standards Pilot Network as a collaborative approach to developing standards, including those to be applied to products in later stages of development including sensing, timing, and imaging. This Pilot Network (and any future iterations) should also include behavioural standards, particularly responsible innovation practices. These should be embraced in early development stages to ensure effective governance of quantum products without prematurely resorting to legally based regulation. The network should work with quantum trade associations, SMEs, and multinational corporations to identify benefits and risks for the UK. The insights gained from this should inform the UK’s approach to engagement with international regulatory forums.

Response: accept

Standards are an important tool for regulating emerging technologies, especially as their reach is increasingly international and interwoven with existing technological infrastructure. Different types of standards are required as a product progresses through technology readiness levels (TRLs), and it is critical that the timing of their introduction is right to avoid stifling innovation. Participation and leadership in the development of global standards will ensure that UK values are embedded within standards that are adopted worldwide.

The Quantum Standards Network (QSN) pilot, led by the National Physical Laboratory (NPL), was launched in 2023 and brings together expertise in quantum and standardisation from within DSIT, the National Quantum Computing Centre (NQCC), the National Cyber Security Centre (NCSC), UKQuantum, and the British Standards Institution (BSI). The objectives of the pilot are to coordinate the UK’s standards development activities and expertise on quantum technologies; to deploy the UK’s resources in standards activities that align with the national interest; and to provide support for UK quantum small and medium-sized enterprises (SMEs) to engage with and drive the development of global standards. These activities will inform the development of a business case to establish a Quantum Standards Centre in the future, subject to the outcome of the pilot.

Recommendations 7 and 8

Recommendation 7

Government departments have the potential to play a pivotal role in creating markets for quantum technologies through well-structured procurement strategies. These strategies, bolstered by funding from entities like DSIT and Innovate UK, can leverage resources from the Quantum Catalyst Fund and the Quantum Government User Group.

• The government should extend and enhance existing initiatives and competitions, or alternatively, develop new pathways that transition exploratory projects into actionable procurement strategies. This approach is geared towards ensuring the swift application of quantum solutions within the public sector. The procurement of these products and services should be made following a statement on responsible innovation, highlighting the core tenets of these guidelines. For quantum systems, this emphasis on responsible innovation should be extended, where practical, to all companies participating in a value chain.
• In its role as a first adopter, the government should embed relevant regulators in projects and programmes involving quantum technology procurement. This early regulatory engagement ensures that regulatory considerations are integrated from the outset. This approach not only supports market development but also enables regulatory frameworks to evolve with procurement processes.

Recommendation 8

DSIT, in collaboration with Innovate UK, should seek ways to ensure that UK government translational support for quantum technologies is embedded within an overall system that rewards an innovation mind-set and related expertise, including the following elements:

• Embedding Responsible Innovation practices, including a demonstrated understanding of, and compliance strategy for, existing quantum technology regulations.
• Assisting companies, through industry bodies such as UKQuantum and techUK, with engaging in regulatory discussions, encouraging (where required) the amendment and development of regulations that reflect the challenges faced by quantum technology innovators.
• Dedicating resources for regulatory training by building on existing regulator and government initiatives. This should ensure SMEs and startups are well-equipped to navigate the evolving regulatory landscape in the quantum sector.

Joint response to recommendations 7 and 8: accept in principle

The government recognises the role it can play in stimulating markets and creating commercial traction for quantum technology products through procurement, as well as in developing the UK supply chains that will be essential to future commercial success. Most quantum technologies are at early technology readiness levels (TRLs), and procurement so far has focused on pre-commercial procurement initiatives through Contracts for Innovation (formerly known as the Small Business Research Initiative or SBRI), such as the Quantum Catalyst Fund. While there has been limited direct procurement from government departments to date, part of the role of the quantum Missions is to stimulate innovation and growth through procurement across a suite of quantum technology applications over the next decade.

The Public Services (Social Value) Act of 2012 mandates that government departments must consider how procurement will secure social, economic, and environmental benefits as part of wider award criteria, whilst the Procurement Act 2023 further commits the government to embedding transparency in the procurement process. Implementation of the Procurement Act is intended to bring about a cultural change in the procurement process. Given the early stages of the procurement of quantum technologies, we do not think that additional responsible innovation requirements are needed at this stage.

General responsible innovation principles are already embedded into the organisations that initiate most new projects in quantum technologies, such as InnovateUK and the Engineering and Physical Sciences Research Council (EPSRC). Applicants are required to consider the wider social, economic, and environmental implications of their proposals, and are assessed against this as part of the selection process. UK Research and Innovation (UKRI) also provides explicit support, such as funding calls for research into the impact of responsible innovation principles on a project, and training, such as National Protective Security Authority (NPSA) training for quantum hub staff.

The National Quantum Computing Centre (NQCC) has published its own internal principles for the responsible and ethical development and use of quantum computing and is working to embed and operationalise them throughout all its activities. The NQCC also provides ecosystem support on responsible innovation for quantum technologies, with the aim of championing and enabling responsible innovation, building understanding of key considerations and best practices, and working with key partners to foster national and international co-operation.

Alongside the programmes in place, the government is committed to embedding these principles into future competitions that are developed as part of the national quantum programme, and involving regulators when necessary to ensure joined-up thinking and clear foresight on implications on regulatory frameworks.

The government supports the work being pioneered by the Responsible Quantum Industry Forum (RQIF), an ecosystem-wide initiative being led by the NQCC and co-chaired by UKQuantum and techUK. The RQIF has the primary objective of supporting industry in the responsible use and development of quantum technologies, by providing a venue for industry to share best practices and case studies on operationalising co-developed shared principles. The RQIF held its inaugural meeting in January 2024, and will proceed with quarterly meetings where industry will share best practices for responsible innovation, accountability, and transparency. In the future and as technology develops, the government will consider whether specific responsible innovation guidelines for quantum technologies are required, building on the strengths of the RQIF.

Recommendation 9

The UK (DSIT, BSI, NPL, NQCC and regulators) should build on its strong involvement in the development of international standards and regulation, leveraging its expertise and position globally to support international harmonisation. This should be achieved by:

• Determining and prioritising the international governance forums that best align with the UK’s strategic priorities. For every governance forum, the Government (in partnership with BSI and NPL) should set clear, outcomes-based objectives for the development of global quantum standards.
• Providing support and resource to UK experts from across the regulatory landscape (standards bodies, industry, and academia) to push for these objectives.
• Supporting organisations such as UKQuantum and techUK to facilitate the involvement of SMEs in standards development (including in international standards bodies).
• Establishing further strategic partnerships (following those already established with the US, Canada, Australia, and the Netherlands) with similarly ambitioned and sized countries. These partners should have good records of working on standards in other sectors with a transparent approach. This will ensure existing and future partnerships include focus on channelling a unified voice in international forums for a multilateral approach to standards and regulation development.

Response: accept

The government is working through several multilateral initiatives to shape international norms and governance frameworks on quantum technologies. This includes the Organisation for Economic Cooperation and Development (OECD) Global Forum of Technology, founded by the UK, US, and Spain; the World Economic Forum (WEF) Quantum Economy Network; the Open Quantum Institute hosted at the European Organisation for Nuclear Research (CERN); the Multilateral Group of 13; NATO; and UNESCO as part of the 2025 International Year of Quantum Science and Technology initiative. The government will continue engaging multilaterally and bilaterally to promote the establishment of a global playing field that encourages the development of quantum technologies in alignment with our norms and values.

The Quantum Standards Network (QSN), as part of its activities in the pilot phase, will outline clear, outcome-based objectives for the development of global standards, which could be pursued through a Quantum Standards Centre in the future. Through individual members of the QSN, the UK already has active participation in standards activities across several standards development organisations (SDOs): communication and quantum key distribution; quantum computing; quantum metrology; and quantum sensing and imaging.

In January 2024, the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC) announced the formation of a new Joint Technical Committee on Quantum Technologies (ISO/IEC JTC-3), signifying the first international standards committee fully dedicated to quantum standardisation. The British Standards Institution (BSI) was awarded the secretariat for JTC-3, offering UK industry an opportunity to shape the development of international standards on quantum.

The QSN will coordinate activity across SDOs working on quantum standardisation, identify areas of standards development where the UK should take an international lead, ensure that resources are deployed efficiently, provide support to the UK experts that participate in the development of standards in these fora, and ensure that the UK’s national priorities on standardisation are embedded in the outputs of these organisations, avoiding fragmentation of global standards.

The QSN will develop an industry engagement plan for the pilot phase, consisting of workshops to explore the standards requirements of the UK quantum sector. By the end of the pilot phase, the insights gained from this engagement will be used to define UK strategic priorities for quantum standardisation, which will determine how the QSN deploys its resources among international governance fora and SDOs. The pilot will also identify measures needed to support SME engagement on quantum standardisation. These activities will inform the business case to establish a National Quantum Standards Centre following the conclusion of the pilot.

Recommendation 10

DSIT should support tailoring of the policy environment, including funding for regulatory initiatives, towards the accelerated application, development, and adoption of more mature quantum sensing, timing, and imaging applications, while also preparing for products with more disruptive potential so that regulations evolve in step with the technology. Regulatory policies and funding should target the following:

• Where it can be done without unnecessarily inhibiting the innovation potential of products or creating risks to people or the environment, build on existing domain-specific regulatory systems for equivalent products rather than developing new regulatory systems. For example, DSIT and Innovate UK can facilitate a dialogue between quantum technology developers and relevant regulatory bodies, such as the Medicines and Healthcare products Regulatory Agency (MHRA) for healthcare applications, to adapt existing frameworks.
• Prioritise the development of and adaptation of standards and guidance, rather than legally based regulations, covering interoperability, data protection, compatibility with existing infrastructures and workflows, and validation and testing of products (through e.g. NPL), including ensuring conformity assessment bodies are prepared to certify quantum products.
• For stakeholder engagement, where possible build on existing collaborative forums involving regulators, standards bodies, industry policy makers, public interest groups and consumers to contribute to shaping balanced and technology-enabling regulatory pathways. The recently launched UK Quantum Standards Pilot Network could undertake this role, developing or modifying existing standards, benchmarking, and measurement protocols to harness the unique capabilities of quantum sensors, timing and imaging.
• All regulatory initiatives, and their implementation by companies, should conform with responsible innovation approaches, for example to ensure that data are used ethically and for societal and environmental benefits.

Response: accept

In Autumn 2023, five time-bound Missions were published, intended to accelerate the development of quantum technologies. These include developing quantum computers capable of running 1 trillion operations (2035), deploying the world’s most advanced quantum communication network at scale (2035), providing quantum-sensing enabled healthcare solutions to every National Health Service trust (2030), deploying satellite-independent quantum navigation systems on aircraft (2030), and developing situational awareness capabilities through quantum sensing for critical infrastructure across the transport, telecoms, energy, and defence sectors (2030). The Office for Quantum is currently developing programmes for these Missions in consultation with other government departments, industry, and academia.

The government recognises that standards and guidance are effective tools for promoting pro-innovation regulation. Therefore, it will engage regulators and the Quantum Standards Network (QSN) during the development of the Missions, leveraging their expertise to identify where standards and regulation could be barriers or enablers to successfully delivering the Missions, and assessing whether existing standards are suitable or require modification to support Mission delivery. An example of this is the engagement that the Office for Quantum has already begun with the Medicines and Healthcare products Regulatory Agency (MHRA), as part of the scoping work for the healthcare Mission.

An implication of the technology opportunity afforded by quantum sensing applications is the large amount of data that will be collected. In preparation for this, the Information Commissioner’s Office (ICO) is considering privacy elements in an upcoming study, going beyond the initial work published by the Digital Regulation Cooperation Forum (DRCF).

Recommendation 11

The UK Quantum Standards Pilot Network should contribute to a globally aligned approach to standardisation for quantum communications, including particularly interoperability standards, and methods for testing and verification. A specific area of focus could include data security in quantum communications.

Response: accept

The Quantum Standards Network (QSN) will continue to monitor and engage with quantum communications standards activity, making use of its strong expertise and representation on standards committees within this area, and is committed to taking this forward as a priority area of study. The QSN will engage with UK quantum communications companies to identify their needs for interoperability standards as part of the industry engagement programme in the pilot phase, allowing for integration of the technology with existing infrastructure. The QSN will continue to monitor data security standards across the international regulatory landscape, deploying resources where necessary to protect the UK’s national values on issues such as privacy and security.

Interoperability standards, testing, and verification are critically important for quantum communications. Given its expertise and existing facilities, the National Physical Laboratory (NPL) will continue to provide testing for UK companies to develop testbeds and skilled operators needed for quantum communications technologies as part of the quantum programme.

Recommendation 12

Given the NCSC’s concerns about the security benefits of quantum key distribution (QKD) and the potential value and demand seen by the industry, DSIT, the NCSC, and other quantum technology stakeholders should collaborate to ensure the UK’s leadership in QKD research and development is not inadvertently eroded. To achieve this:

• DSIT should encourage an expansion of the ongoing dialogue between the NCSC and quantum technology stakeholders to continue regularly reviewing this position, ensuring alignment with the evolving technological and security landscapes.
• As the technology develops, BSI and NPL, in partnership with key stakeholders and the NCSC, should continue to develop standards and assurance needed for QKD to be a recognised trusted technology. DSIT should help facilitate this coordination in line with responsible innovation practices.

Response: accept

The UK has a strong research base in QKD, including work done by the Quantum Communications Hub led out of the University of York and work at the National Physical Laboratory (NPL) towards assurance of QKD and related systems. This expertise will be further developed as the Integrated Quantum Networks (IQN) Research Hub, led out of Heriot-Watt University, is established. It is also an area of strength for industry, evidenced by the world’s first commercial QKD network being launched by BT and Toshiba in the UK in 2022, with EY as an initial customer and HSBC joining in 2023. It is important that the UK’s expertise and leadership in this area is built upon within the next phase of the National Quantum Technologies Programme (NQTP). Having technical expertise and credibility in QKD itself will also provide the UK with greater leverage when developing regulation and standards on the international stage.

The National Cyber Security Centre (NCSC) will continue to engage with the existing quantum communications hub, and its successor in the coming years, to help to inform its work and position on critical cyber technologies.

In line with other international cyber security agencies, NCSC does not currently support the use of QKD to secure classified government and military communications. The Quantum Standards Network (QSN), comprising NPL, DSIT, the British Standards Institution (BSI), the National Quantum Computing Centre (NQCC), NCSC and UKQuantum, is committed to studying QKD technology and development of security assurance principles as a priority going forwards to help ensure any systems that are developed are secure.

These organisations are also engaging with the development of the quantum networking Mission^{[footnote 1]} which will help to shape much of the work on QKD and wider communications in the new quantum programme. The development of the programmes to deliver the Mission is currently underway, with engagement around what activities and initiatives should be in place to support QKD technologies as a stepping-stone to longer-term entanglement distribution networks, as well as to realise any beneficial commercial opportunities in the short-term.

Additionally, a project to establish a methodology for the assurance of QKD systems, QAssure, has been funded through Innovate UK’s “Scalable Quantum Network Technologies: Collaborative R&D” programme. BT Group are leading a consortium of 11 partners from across academia, industry, and global business to develop a robust assurance framework for UK QKD systems in line with NCSC principles-based approaches.

Recommendation 13

DSIT should facilitate dialogue between government and quantum communications experts to ensure that the Online Safety Act does not inadvertently restrict quantum product development. This could include, if possible, providing clear guidelines to ensure compliance with the Act without undermining quantum security principles.

Response: accept

The Online Safety Act grants powers to the online safety regulator, Ofcom, where it considers it necessary and proportionate to do so, to require the provider of an in-scope service to use accredited technology to identify and swiftly take down (or prevent users from encountering) child sexual exploitation and abuse (CSEA) content communicated publicly or privately and/or terrorism content communicated publicly. Technology will be considered as being accredited if it is accredited (by Ofcom or another person appointed by Ofcom) as meeting minimum standards of accuracy published by the Secretary of State.

Alternatively, and again only where it considers it necessary and proportionate to do so, Ofcom can require the provider of an in-scope service to use its best endeavours to develop or source technology which identifies and swiftly takes down (or prevents users from encountering) CSEA content communicated publicly or privately, and which meets the minimum standards of accuracy published by the Secretary of State. Together, these are known as the ‘section 121 powers’.

Encryption plays a crucial role in the digital realm, and the government supports its responsible use, which is why there are strong safeguards for privacy built into the Online Safety Act. The powers granted in the Act are designed to be technology neutral and do not give Ofcom the power to ban specific types of technology or design, such as end-to-end encryption. However, the government is also clear that companies will need to assess the level of risk and comply with their new Online Safety duties, no matter their design, and cannot use encryption as an excuse to avoid protecting their users – especially children. Ofcom’s powers in the Act are predicated on risk assessments. If companies are managing the risks on their platform appropriately, Ofcom will not need to use these powers. The s.121 powers are expected to be used as a last resort.

There are also strong safeguards in place before Ofcom can use these powers. In deciding whether it is necessary and proportionate in a particular case, Ofcom must consider a number of matters including (a) the level of risk that the use of the specified technology might have on statutory privacy protections, and (b) the extent to which the use of the specified technology would or might result in interferences with users’ legal rights to freedom of expression. As a public authority, Ofcom must also act in accordance with its public law duties to act lawfully, rationally and fairly. It is unlawful for Ofcom to act in a way which is incompatible with the European Convention of Human Rights, including with individuals’ rights to freedom of expression and privacy.

As the Online Safety Act is implemented, Ofcom is consulting with stakeholders on their approach. This consultation process is being rolled out in three phases through to 2025, including publication of detailed evidence regarding online safety risks, how they manifest, and possible solutions. As part of this process, Ofcom hope to consult with stakeholders on relevant elements of the s.121 regulatory framework in late 2024, including with those from the quantum sector. This will allow Ofcom to gain insights into the current and future online safety risks, opportunities offered by technologies, and help to ensure any future requirements do not disproportionately inhibit innovation.

In line with this, Ofcom, as a member of the Digital Regulation Cooperation Forum (DRCF) contributed to an insights paper on quantum published in June last year. The paper acknowledges the importance of DRCF members, including Ofcom, to consider how technologies may evolve and develop and the potential regulatory implications of such changes.      

Recommendation 14

Quantum computing and related applications are potentially the most transformative quantum-related developments, with the most significant economic, societal and environmental impacts. This is where adoption of our proportionate, adaptive, balanced and responsible principles will be most important, at this stage requiring a regulatory framework based on standards, guidance and responsible innovation practices, linked to vigilant oversight of future technology and market developments.

• It is important to avoid premature, legally based regulation for quantum computing, instead relying on standards and guidance until there is more clarity on potential benefits and harms. DSIT, in partnership with BSI, NQCC, NPL and industry, should consider what types of standardisations are most appropriate in the near-term to set the standards, nationally and internationally, for quantum computing.
• Recognising the nascency of quantum computing, DSIT should work with industry to establish responsible innovation practices within its regulatory frameworks and include specific components for quantum computing and cryptography, to mitigate current and future risks and to foster public trust in the technology.

Response: accept

The government recognises and agrees with the Regulatory Horizons Council (RHC) that it is too early to regulate quantum computing applications with legislation. DSIT will continue to support initiatives seeking to develop industry-led responsible innovation principles and guidelines, such as the Responsible Quantum Industry Forum (RQIF), and will consider whether this work needs to be formalised into standards in the future through the Quantum Standards Network (QSN).

1. Mission 2: By 2035, the UK will have deployed the world’s most advanced quantum network at scale, pioneering the future quantum internet. https://www.gov.uk/government/publications/national-quantum-strategy/national-quantum-strategy-missions. ↩