Risk and Compliance Update - 8th January

Risk and Compliance Update - 8th January

In this issue:

Brexit

Data protection

Financial crime prevention

 

Trackers

LexTalk®Risk & Compliance: a Lexis®PSL community


 

Brexit

Brexit transition guidance reissued on IP completion day

As the Brexit transition period came to an end at 11 pm on 31 December 2020, marking IP completion day in the UK, the government published over 300 items of new and updated Brexit transition guidance. While many of the updates are minor, including simple amendments to reflect the end of the transition period having occurred, a significant number of new documents and webpages were also published. Topics covered include: movement of goods and services, immigration, travel, transport, professional qualifications, legal services, litigation, companies, data, telecoms, IP, life sciences, healthcare, education, energy, environment, benefits, pensions, EU funding and sanctions. Also included is guidance for legal professionals and service providers, recognition of professional qualifications and cross-border legal cases.

See: LNB News 01/01/2021 1LNB News 01/01/2021 15 and LNB News 01/01/2021 17.


 

Finance and data top Brexit deal’s list of unfinished business

Law360, London: Britain’s trade deal with the EU marked the country’s final break from a regulatory framework that guided its laws for four decades, but it also left some key areas of unfinished legal realignment likely to dominate post-Brexit relations for years to come.

See News Analysis: Finance and data top Brexit deal’s list of unfinished business.


 

Data protection

UK-EU data flows, adequacy and regulatory changes from 1 January 2021

The EU-UK TCA includes a chapter on data flows and personal data protection, providing good news for data protection practitioners preparing for the end of the Brexit transition period at 11 pm on 31 December 2020 (IP completion day). Eleonor Duhs, director and barrister at Fieldfisher discusses the implications of this deal and the next steps regarding data adequacy.

See News Analysis: UK-EU data flows, adequacy and regulatory changes from 1 January 2021. See also Practice Note: What does IP completion day mean for Risk & Compliance?—Data protection.


 

Updated ICO guidance on international transfers, including suggested SCC updates for UK GDPR

The ICO has published updated guidance on international transfers under UK data protection law after the UK’s exit from the Brexit transition/implementation period. See also Practice Note: International data transfers—practical compliance.

See: LNB News 05/01/2021 58.


 

Financial crime prevention

Sanctions—Brexit transition guidance reissued on IP completion day

At the end of the Brexit transition/implementation period at 11 pm on 31 December 2020 (IP completion day), the government reissued a number of webpages and guidance documents, collating existing stakeholder and sectoral guidance on legal and practical changes taking effect from 1 January 2021. Subjects covered include the UK sanctions framework, sanctions relating to specific countries and related guidance. See also Practice Note: What does IP completion day mean for Risk & Compliance?—International financial sanctions.

See: LNB News 01/01/2021 24.


 

Libya (Sanctions) (EU Exit) Regulations 2020

SI 2020/1665: This enactment is made in exercise of legislative powers under the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment gives effect to most of the UK’s obligations under United Nations Security Council Resolutions (UNSCR) 1970 (2011) in relation to UN sanctions imposed against Libya due to its violation of human rights. It came into force in part on 30 December 2020 and in full on IP completion day.

See: LNB News 01/01/2021 4.


 

The biggest UK corporate crime cases to watch in 2021

The year ahead promises plenty of developments for white collar crime lawyers to watch in the UK, including a Supreme Court decision that will determine the global reach of the Serious Fraud Office’s investigatory powers and a civil trial with ramifications for the agency’s long-running probe into miner Eurasian Natural Resources Corporation (ENRC).

See News Analysis: The biggest UK corporate crime cases to watch in 2021.


 

Trackers

Lexis®PSL Risk & Compliance has a dedicated area on the Key Resources section of the home page that tracks interesting and important cases, legislation, consultations and other key developments in the world of practice compliance. For more information, see: Risk & Compliance forecast as at 15 December 2020.

 


 

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About the author:
Allison is a former partner of Shoosmiths, with extensive experience of legal management and practice compliance.