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Samuel Phillips Law Blog

Tag: Transition Period

Commercial Property

Will the end of the UK’s transition period for leaving the EU have an impact on commercial property law in England?

For the most part, it is UK regulations and legislation that affect commercial property in England, rather than EU legislation. There are some regulations, such as the Energy Performance Regulations and Minimum Energy Efficiency Standard Regulations, which are derived from EU Directives, which could now be subject to review by the UK Government. However, complete repeal of these particular regulations is unlikely, given the UK’s statutory and international treaty commitments to reduce carbon emissions.

Employment

Brexit – Data Protection from 1 January 2021

The UK left the EU on 31 January 2020. As a result, the transition period will end on 31 December 2020. Businesses in the UK that process personal data are currently required to adhere to the EU General Data Protection Regulation (EU GDPR) and the UK Data Protection Act (DPA) 2018.

Litigation

Brexit and Commercial Contracts

Many businesses, particularly those dealing with EU entities, will have audited their commercial contracts throughout the Brexit transition period. However, as we approach the end of the transition period, fresh audits of existing contracts should now be considered. The difficulty many businesses are facing is, given that so much is undecided and last-minute discussions are continuing, it is not yet clear how their contracts will be affected.

Commercial Property

Brexit – The Effect on Commercial Disputes

Experts are predicting a surge in litigation and appeals if proposed Brexit regulations published by the UK government are introduced. This is because, if enacted, the draft European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 (the Act), would give greater freedom to the UK's domestic courts to overturn EU case law after the Brexit transition period ends on 31 December 2020.

Employment

Brexit – hiring EU employees during the transition period and beyond

The UK left the EU on 31 January 2020. As a result, free movement for nationals of the European Economic Area (EEA) (and Switzerland) will end on 31 December 2020. From 1 January 2021, the UK will operate a new points-based immigration system and EEA citizens moving to the UK to work will need to obtain a visa in advance.

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