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The US government's new customs policy marks a turning point in the global economy. It affects all market participants and also requires the German TMT industries (technology, media and telecommunications) to reorient themselves. It is not so much the direct tariff burdens, but rather the comprehensive effects of the new trade policy that are fundamentally changing the rules of the game for companies from Germany.

On the current situation: What are the effects on the German TMT industry?

On 9 April 2025, the US government wanted to impose punitive tariffs of 20% on almost all EU imports. On the same day, a postponement of the increases by 90 days was announced. However, it is likely that the tariff conflict has only been postponed and not cancelled. This means that companies cannot plan ahead for the time being.

Tariff increases would have severe consequences for key German industries such as the automotive sector. But the tech sector would also be affected: Communication technologies, hardware components and high-tech devices would become more expensive and therefore less competitive on the US market.

Digital services and software are also increasingly becoming the focus of transatlantic tensions. The tariffs generally only apply to physical goods - software that is sold through digital distribution (e.g. downloads or SaaS offerings) is therefore not directly affected by US tariffs. Nevertheless, indirect effects are possible: for example, if a company obtains software updates from the USA or if it relies on American cloud services. In addition, trade restrictions or high tariffs on certain hardware could also make the infrastructure required to provide software more expensive.

Increasing regulatory complexity

Digital services such as Software-as-a-Service (SaaS), cloud services or platforms for content and e-commerce are also not subject to customs duties. Rather, their provision is influenced by regulatory provisions. But there are indirect consequences here too: If US companies provide the infrastructure for digital services, changes in US economic policy could increase the costs or availability of these services for German companies.

In addition, the Digital Markets Act (DMA) and the Digital Services Act (DSA), for example, have been criticised by the US as protectionist barriers to trade. Planned digital taxes on US tech companies and discussions about data localisation are further exacerbating regulatory complexity. For German companies, this means more uncertainty and rising infrastructure and compliance costs.

What challenges and opportunities does US customs policy present?

According to a Bitkom survey, the majority of German digital companies expect massive burdens from the new US customs policy. Start-ups are considering expanding their business in the USA or relocating there - not least because around half of European start-ups are financed with US capital. European semiconductor manufacturers, for whom the USA is an important sales market, could relocate their production to the United States.

For companies that remain in Germany, it is becoming increasingly important to deal with volatility and incalculable risks. Customs duties and taxes represent an additional cost factor. There are also compliance costs for adjustments to possible regulatory changes and costs for restructuring measures. There may also be short-term supply bottlenecks or market access restrictions.

The global turbulence requires greater digital sovereignty for Europe: the self-determined use and production of digital technologies is essential in order to reduce dependencies and expand the room for manoeuvre of European companies. This would bring numerous opportunities. Projects such as GAIA-X and the European Chips Act promote the demand for domestic solutions in areas such as data centres and cloud computing, AI platforms and IT security.

The European data centre industry could benefit from the current US economic and customs policy in several ways. European data centres are becoming increasingly attractive for internationally active companies - especially if they want to reduce their dependence on US infrastructures. Countries such as Germany and the Netherlands score highly in terms of political stability and high data protection standards. Europe can also make a name for itself as a sustainable location - with a focus on energy efficiency, renewable energies and CO鈧�-neutral data centres. Another driver: tariffs on US imports could cause hardware prices to rise. This creates incentives to produce IT hardware in Europe and expand existing production facilities. The new German government has recognised this opportunity. According to the coalition agreement, Germany is to become a "beacon of Europe" as a data centre location. This means that both large data centre clusters and regional locations are to receive political support.

The protectionist economic policy of the USA is leading to global tensions and uncertainties. The European IT and data centre industry has the opportunity to position itself as a reliable, neutral and sustainable alternative to US infrastructures. Companies that make targeted investments now and strengthen their own IT infrastructures can benefit in the long term and take on a leading role in a market environment that is more strongly characterised by Europe.

Risks

  • Rising costs: Increased tariffs and trade barriers may increase production costs for companies, especially if they source US components or technologies. Infrastructure and compliance costs are also likely to rise.
  • Supply chain disruptions: Trade restrictions and tariffs can cause disruptions in supply chains, which can lead to delays in the production and delivery of hardware.
  • Restricted access to US technologies: Restrictive trade rules could make it more difficult for German companies to access key US technologies and platforms.
  • Competitive pressure and dependency: German and European companies are heavily dependent on the products and services of the dominant tech companies from the US. Their market power is being strengthened by current US policy.

Chances

  • Rising demand for European IT solutions: Increasing uncertainty and a focus on data protection and cybersecurity could drive demand for European IT products and digital services.
  • New partnerships and collaborations: A decoupling from US services could lead to new partnerships between German and European and/or Asian tech companies.
  • Diversification of supply chains and sales markets: German companies can diversify their supply chains and tap into new markets.
  • Strengthening European production: Geopolitical tensions could reinforce the trend towards regionalisation of production facilities and supply chains. German companies could benefit from this trend by entering the market as European manufacturers of IT solutions.

What impact will the new US policy have on data protection and AI?

The EU-US Data Privacy Framework (DPF) currently provides a legal basis for the transfer of data between the EU and the USA. However, current political developments, in particular the possibility of a revocation of the DPF by the new US administration, pose a significant risk for companies.

The DPF is a data protection agreement between the EU and the United States that came into force on 10 July 2023. It allows companies to transfer personal data from the EU to the US without having to take additional safeguards such as Standard Contractual Clauses (SCC). EU citizens will also have rights vis-脿-vis US companies, such as the ability to correct or delete data.

However, the new US administration has issued an executive order stating that any national security decision made by the previous administration can be reviewed and revoked within 45 days. National security also includes the EU-US data transfer.

This creates uncertainty for companies that rely on stable and long-term data protection regulations. Should the DPF be overturned due to political decisions, European companies would have to carry out individual reviews and additional protective measures for data transfers to the USA again, which would involve considerable effort and additional costs.

The regulation of artificial intelligence (AI) differs significantly between the European Union and the United States. While the EU attaches great importance to safety, transparency and the protection of fundamental rights in regulation, the USA pursues a more innovation-oriented approach with a focus on self-regulation. These different approaches are further reinforced by current US economic policy.

The EU favours a risk-based regulatory approach, which is enshrined in the EU AI Act. In the USA, on the other hand, the focus is on promoting technological development. The US government is against excessive regulation so as not to hinder innovation. It emphasises that AI systems should be free of ideology and should not restrict freedom of expression. The liberal US approach is complemented by economic policy measures: Programmes such as the Inflation Reduction Act and the CHIPS and Science Act offer financial incentives through subsidies and tax benefits for investments in AI and semiconductor technologies. This combination of cautious regulation and targeted funding strengthens the USA's competitiveness in the field of AI. In addition, the large tech companies and hyperscalers from the USA can integrate their AI solutions relatively easily into their platforms and systems and roll them out worldwide.

Europe can respond to these developments in the short term with higher taxes on digital services or more rigorously penalise violations of its laws such as the Digital Services Act, the Digital Markets Act and the AI Act. The recent fines in the hundreds of millions against Apple and Meta are an example of this. In turn, US companies could react by making their IT products and digital services more expensive in Europe. In the medium and long term, therefore, only greater digital sovereignty in the field of AI will lead Europe out of dependency.

Recommendations for companies

In view of the fact that 29 per cent of German TMT companies export digital technologies abroad and the USA is their most important trading partner after the EU, a strategic realignment of the markets is urgently needed.[1] The current situation should therefore be a wake-up call for German TMT companies: They need to diversify more and become less dependent on the USA. For their reorientation, they should consider the following measures with three different time horizons:

  • Short term - Active cash flow management and building up strategic reserves: A targeted focus on cash flow and the creation of financial reserves are crucial in order to be able to react flexibly to political developments and make necessary investments.
  • Medium-term - Diversification of markets and supply chains: Companies should tap into new sales markets. At the same time, it is important to make supply chains more flexible, for example by diversifying preliminary products or through local production in strategic markets such as the USA in order to avoid customs duties.
  • Long-term - Targeted investment in innovation and growth areas: German TMT companies should invest in their innovation capabilities and technological expertise in order to develop innovative products and achieve technological advantages. The focus should be on future technologies such as cloud computing, cybersecurity and AI.

With such investments in key areas and future technologies, German and European TMT companies can use the current crisis as an opportunity to strengthen their role in international competition.

These measures should be supported by the European government authorities with accompanying measures and subsidies. Initially with a smart customs and tax policy to defend European interests in the impending trade war. In the long term, however, it is important to lead Europe to a new strength as part of the global reorganisation in order to ensure competitiveness against tech companies from the US through its own infrastructures and digital solutions. The US customs policy is another wake-up call for Europe's digital sovereignty.

[1] https://www.bitkom.org/Presse/Presseinformation/Bitkom-zu-US-Zoellen-und-Diskussion-Digitalsteuer

How 乐鱼(Leyu)体育官网 can support

1. Strategic market diversification

  • Market analysis: Identification of new strategic markets.

  • Supply chain management: Optimisation and diversification of supply chains to increase flexibility and avoid customs duties.


4. Regulatory compliance and risk management

  • Compliance consulting: Support in complying with new regulatory requirements.

  • Risk management: Identification and management of risks in connection with the new customs policy
    .


2. Cash flow management and financial advice

  • Cashflow-Optimization: Strategies to improve cash flow.

  • Financial reserves:Advice on building up strategic financial reserves.



5. Digital sovereignty and IT infrastructure

  • IT infrastructure consulting: Development and implementation of robust and secure IT infrastructures.

  • Cloud computing and AI platforms: Consultancy and implementation of secure and trustworthy cloud and AI solutions.


3. Investments in innovation & technology

  • Innovation management: Development and implementation of innovation strategies.

  • Technology consulting:Investments in future technologies such as cloud computing, cybersecurity and AI.


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