Brexit risk management guide
Produced in partnership with Chris Bryant of Bryan Cave Leighton Paisner LLP (BCLP Law)
Brexit risk management guide

The following Risk & Compliance guidance note Produced in partnership with Chris Bryant of Bryan Cave Leighton Paisner LLP (BCLP Law) provides comprehensive and up to date legal information covering:

  • Brexit risk management guide
  • Why you need to manage this risk
  • What are the risks?
  • Transposition of EU law into domestic law
  • Top five priorities
  • 1. Risk exposure in contracts
  • 2. Supply chain disruption
  • 3. Restrictions on the transfer of data
  • 4. New legislation replacing existing EU-derived laws
  • 5. Enforcement of judgments

Why you need to manage this risk

This risk management guide seeks to help you identify the key legal risks and sets out some practical guidance on how these may be addressed, notwithstanding the current environment of uncertainty. This guide is directed at cross-sectoral risks affecting most businesses, rather than focusing on issues relevant only to specific sectors, eg financial services passporting.

The UK has left the EU on the basis of the Withdrawal Agreement as implemented in the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the European Union (Withdrawal Agreement) Act 2020. However, we are now in an implementation period running until 31 December 2020 during which time the UK will generally continue to abide by EU rules.

The government will enter into negotiations for a post-Brexit UK-EU relationship. In a situation where no new arrangements are put in place by the end of the year (a ‘non-negotiated outcome’), legislation previously prepared for a no-deal scenario will apply.

What are the risks?

Review the Brexit discourse and you will be bombarded with a catalogue of risks that may be faced by companies. However, each business will face its own specific risks, all of which will be affected by its activities, workforce, supply chains, data handling and a host of other factors.

It is important, for the purposes