Brexit

Introduction

The Brexit transition period ended at 11 pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This overview was prepared in the lead up to Brexit and is maintained for historical reference purposes. Much of the content linked within this overview has since been archived however key content that remains of interest to commercial practitioners includes:

  1. Brexit collection

  2. Brexit timeline

  3. Brexit—introduction to the Withdrawal Agreement

  4. Retained EU law and assimilated law

  5. Retained EU law—flowchart [Archived]

Brexit—key steps and timeline

On 31 January 2020 (Exit Day), the UK ceased to be an EU Member State and entered an implementation period, during which it continued to be subject to EU law. Transitional provisions in the UK legislation implementing the Withdrawal Agreement, namely the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) amended the European Union (Withdrawal) Act 2018 (EU(W)A 2018) so that EU law continued to take effect in accordance with the Withdrawal Agreement

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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