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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following areas of Information Law and practice: • Overview—what happened on 31 December 2020 • Access to EEA workers • Commercial arrangements • Data protection (except as relevant to law enforcement processing and intelligence services processing) • ePrivacy • Cybersecurity • Databases • Public sector information • Confidential information • Reputation management For a tracker of key Information Law Brexit legislation and guidance, see Practice Note: Information Law—Brexit tracker. This Practice Note focuses on the topics above, except that it does not cover the impact on law enforcement processing or state security
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following life sciences areas: • Overview—what happened on 31 December 2020 • How does Brexit impact the life sciences sector? • EU-UK Trade and Cooperation Agreement—life sciences provisions • Medicinal products • Medical devices • Clinical trials For a tracker of key life sciences Brexit legislation and guidance, see Practice Note: Life sciences—Brexit tracker 2020–2022 [Archived]. For the impact of the end of the implementation period on patents and supplementary protection certificates (SPCs), see Practice Note: What does IP completion day mean for intellectual property? [Archived] Overview—what
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. After this date time (referred to in this document as ‘IP completion day’), there were significant changes in the UK’s legal regime. On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship. Announced just one week before IP completion day, the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements came at the eleventh hour, leaving little time to put in place the necessary legal and practical arrangements to make the deal fully operational. The deal was signed on 30 December 2020 and approved by the UK Parliament (along with implementing legislation). Due to the time pressure, the UK and EU agreed that the deal would apply provisionally from 1 January 2021, pending full
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation or transition period (IP completion day). IP completion day is defined in the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) as 31 December 2020 at 11 pm. This Practice Note explores the application of EU law and international conventions in the UK as well as specific considerations when dealing with applicable law, jurisdiction, service of documents and recognition and enforcement of judgments. It is important to be aware that the impact is not limited to EU Member States but also contracting states of the Lugano Convention 2007 (Iceland, Norway and Switzerland). This Practice Note also sets out the key practical considerations for PI lawyers in respect of cross-border road traffic accidents, product liability, package holiday claims and rail accidents in Europe. Overall impact of IP completion day From a practical perspective, IP completion
PRACTICE NOTES
This Practice Note is archived and no longer maintained. During the implementation period/transitional period, the key EU regulations effectively remained in place for R&I lawyers (see Practice Note: Brexit—impact of the implementation period for R&I lawyers), but from IP completion day, the picture changes significantly as set out below. How does Brexit impact R&I? From IP completion day, given no deal on insolvency matters (despite the trade deal), the main impact for R&I practitioners is the loss of the main operative parts of the Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] relating to automatic recognition (see Practice Note: Brexit—impact on Recast Regulation on Insolvency and News Analysis Brexit—a deal that leaves recognition of UK insolvency procedures uncertain and Impact of the EU-UK Trade and Cooperation Agreement on cross border insolvency) following the amendments made by Brexit SI: Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146. Although the jurisdictional tests are retained, meaning many insolvency/restructuring procedures can still be commenced in England and Wales post IP completion
PRACTICE NOTES
ARCHIVED: This archived Practice Note observes the impact made on the TMT sector following the end of the implementation period under the Withdrawal Agreement and the EU (Withdrawal Agreement) Act 2020. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following areas of TMT law and practice: • Overview—what happened on 31 December 2020 • TMT implications of the EU-UK Trade and Cooperation Agreement • Access to EEA workers • Technology contracts • Drones • Internet of things • Software licensing • Cloud computing • E-commerce • Domain names • ePrivacy • Data protection • Media • Telecoms • Advertising • Databases • Defamation For a tracker of key TMT Brexit legislation and guidance, see
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information on the impact of IP completion day for tax. It reflects the position immediately following the IP completion day on 31 December 2020. It is not maintained and is for background information only. For more information, see: Brexit, assimilated law and tax—overview. As of exit day (11 pm on 31 January 2020), the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. The implementation period ran from exit day until IP completion day (11 pm on 31 December 2020). During this period, the UK continued to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submitted to the continuing jurisdiction of the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The implementation period put in place to enable the UK to transition away from the EU’s laws and institutions ended at 11 pm (GMT) on 31 December 2020. At this point in time (referred to in this Practice Note as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to agency. How does Brexit impact agency? Agency law Agency law in the UK is based on common law and this is largely unaffected by IP completion day, see Practice Notes: Nature and types of agency and What does IP completion day mean for contract clauses? [Archived] Commercial agency arrangements in the UK are subject to the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations) which form part of the body of retained EU legislation under European Union (Withdrawal) Act 2018 (EU(W)A 2018) effective from 11 pm (UK time) on 31 December 2020. From
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At that point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following aspects of clinical trials: • Overview—what happened on 31 December 2020 • How does Brexit impact clinical trials? • What are the key legal authorities in this area? • What guidance is available from the UK government? • What guidance is available from the EU? • What are the key items of retained EU law? Are they subject to amendment from IP completion day? • What are the key requirements for sponsors from IP completion day? • What are the key requirements for clinical trial registrations from IP completion day?
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to consumer protection. How does Brexit impact consumer protection? Consumer protection law in the UK derives partly from EU law and partly from UK-specific law. In many ways, Brexit has had less of an immediate impact in the consumer protection space because there is already regulatory fragmentation across EU Member States, and traders trading with consumers in the EU are familiar with having to consider specific requirements in cross-border situations. However, to the extent EU consumer protection law diverges from the position adopted in the UK or there is further deregulation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the implications of IP completion day in relation to contract breach and remedies. The implementation period put in place to enable the UK to transition away from the EU’s laws and institutions ended at 11 pm (GMT) on 31 December 2020. At that point in time (referred to in this Practice Note as ‘IP completion day’) there were immediate changes that impact contracts in the UK. This Practice Note explains the implications of this change in relation to contract breach and remedies and links through to deeper content where you can find out more. How does Brexit impact contract breach and remedies? The law relating to the formation and interpretation of contracts in England and Wales is largely governed by common law which has not been directly impacted by IP completion day. The common law principles which determine what is a breach of contract and the remedies available within the UK have not changed following
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains how to review and amend key contract clauses to ensure that they are suitable for use following 11 pm on 31 December 2020, the point (referred to as IP completion day) at which the implementation period in respect of the UK’s exit from the EU came to an end. This note is intended mainly to assist organisations reviewing their standard contracts for use following IP completion day, rather than amending existing contracts, although it may be useful for the latter. Although the underlying legal changes that have taken place are substantial, contracts remain largely unaffected and English contract law has not changed. The Trade and Cooperation Agreement (TCA) agreed between the EU and the UK on their future relationship does not fundamentally change the impact that the end of transition has had. For further information, see: LNB News 24/12/2020 76 and LNB News 28/12/2020 12. The majority of the necessary drafting changes are minor and