January 5, 2021

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    We’ve spent a lot of time digesting all the information around Brexit so that you don’t have to! Here are your most frequently asked questions, answered by our team of experienced lawyers.

    What changes will there be regarding data protection?

    For the next 6 months, you can still transfer data in and out of the EU as the European Commission (EC) is still trying to decide whether we in the UK have adequate laws.

    What you need to do next

    • Brexit means that UK law been separated from the EU Law so that needs to be distinguished in your contracts.
    • You should put in place an agreement to enter Standard Contractual Clauses (SCCs) should the UK continue to be treated as a ‘third country’
    • Review your current Agreement templates for new clients (Privacy Notices, Privacy Policies and Data Protection Policies and related documents) to make sure they work now we have left the EU.

    Will contracts covering “the EU” now exclude the UK?

    It depends on the context in which the reference is used and the wider circumstances.

    What you need to do next

    • In all instances you will need to clarify whether “the EU” still includes the UK.
    • You should also make it clear how “EU law” should be interpreted after Brexit

    Are EU Regulations with direct effect still in force?

    Yes they are, but on a different constitutional basis, as a result of the EU Withdrawal bill.

    What you need to do next

    Now the UK government will be free to change them so you should consider the potential impact  for those laws to change in the medium to long term.

    Do the Commercial Agents Regulations still apply?

    Yes, as they are UK Regulations.

    What you need to do next

    It seems unlikely that the government will change them in the medium term, but you might want to consider your position if these Regulations were to be revoked in the future.

    Will TUPE 2006 still apply?

    Yes, as they are UK Regulations. In fact, the UK gold-plated the EU originating Directive when we were still in the EU so UK legislation already goes beyond the EU provisions originally required.

    What you need to do next


    Will Brexit impact my contracts subject to English law and court jurisdiction?

    English contract law is largely unaffected, except for consumer contracts and other specialist contracts. Following the end of transition, English Courts can generally be expected to uphold parties choice.

    What you need to do next

    It might be harder to enforce an English judgement in some EU member states, so take local law advice on enforcing in that member state or use arbitration.

    How can I future-proof my contracts for changes and amendments?

    Good question! We all need to ensure that the laws can be interpreted as they are changed or repealed and most contracts will have wording to allow for such changes.

    What you need to do next

    Consider adding the following clause in your Interpretation section (directly below the definitions)

    “Unless the context otherwise requires, any reference to European Union law that is directly applicable or directly effective in the UK at any time is a reference to it as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 January 2020.”

    How will Brexit impact employment law?

     Post Brexit, not much will change in the world of employment law immediately, except for immigration. Read our latest blog, “7 Employment checks post-Brexit“.

    Further reading

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