Latest from Brexit Legal - Page 2

Personal data and its transfer over international boundaries hit the news in July 2020, yet again, as the Court of Justice of the EU (CJEU) handed down the Schrems II decision on data transfers reaffirming its strong backing for data protection rights.  In October, a CJEU ruling on UK (as well as French and Belgian) government surveillance regimes further shaped how policy-makers need to evaluate data protection arrangements.  Now Brexit is on the horizon and…
The UK will leave the EU VAT area at the end of the Transition period on 31 December 2020. From 1 January 2021, there will be fundamental changes to the VAT treatment of goods arriving into Great Britain. The changes are intended to ensure that goods imported from EU and non-EU countries are all treated in the same way and that UK producers are not disadvantaged. However, the change means that any business that imports goods…
On Wednesday 7 October 2020, the UK government published the Response document to the Freeports Consultation that was originally launched in February 2020. With the UK simultaneously negotiating multiple new free trade agreements, freeports could make a significant contribution to making the UK’s post-Brexit economic and trade policy truly global. The creation of freeports is a flagship policy for the UK government. It touches on so many of the government’s core aims and objectives. At…
The government has issued updated guidance for employers on the UK’s points-based system, which will apply to new applicants from the EU, the EEA and Switzerland (excluding Ireland), as well as those from outside the EU, from January 2021. Unfortunately, the updated guidance does not tell us much more than we already knew from the July 2020 policy statement – employers are still waiting for the finer detail of the scheme in the form of comprehensive policy…
At the end of the transitional period, on 31 December 2020, the chemical regulation EU REACH will cease to apply in the UK. This will automatically invalidate EU REACH registrations and authorisations held by UK companies. A stand-alone UK chemical regulation UK REACH will replace EU REACH in the UK. Anita Lloyd and Dave Gordon look at what this means in practice and how affected companies should prepare.
EU state aid law is a cornerstone of EU competition law and policy. It helps preserve a level playing field between companies competing in the internal market. Crucially, it operates only within the EU. Thus, EU state aid rules do not apply to financial support granted by non-EU authorities to companies in the EU, or to companies outside the EU but with activities in the EU. The exception to this rule is the UK, but…
Having formally left the EU on 31 January, we are now into the home straight of the next lap of the Brexit process: defining the new relationship with the EU. Things are getting heated.  Both sides are accusing the other of bad faith, and the UK Government is threatening to pass controversial legislation which would give it power to over-ride elements of the deal already done – the Withdrawal Agreement (an international treaty entered into…
In the last week of February – amid some chest-beating ferocity on both sides – the EU and UK published their respective negotiating mandates for the negotiations on the future relationship between the UK and the EU, which duly started at the beginning of March. On the day those talks started, the UK published its negotiating mandate for UK-US free trade talks (the US mandate has been available for over a year). And just to…
“They think it’s all over” The UK formally left the EU at 11pm GMT on Friday 31st January.  In keeping with his election slogan “get Brexit done”, Prime Minister Boris Johnson has banned the word Brexit from the Government lexicon.  Brexit Secretary Stephen Barclay resigned at 11pm that evening, and his Ministry was disbanded.  Job done. Well, not quite.  The future relationship between the UK and the EU remains largely undefined, beyond some high level…
One election, two winners, three losers The United Kingdom went to the polls in a general election on 12th December – the first winter election for almost a century.  Boris Johnson’s Conservatives campaigned on a strong “Get Brexit Done” slogan, against most other parties arguing for a second referendum or to stop Brexit altogether (Nigel Farage’s Brexit Party in contrast were arguing that Johnson’s deal was not really Brexit).  Johnson’s Conservatives won 47 seats to…