On 31 October 2019, the º£½ÇÊÓÆµ could leave the EU without a signed withdrawal agreement. In this scenario, the º£½ÇÊÓÆµ will immediately leave the EU without a transition period; cooperation between the º£½ÇÊÓÆµ and EU will cease and this will cause seismic change in many areas of business.
Key points your business should consider are:
Data Protection:
- Review data flows and transfer mechanisms to make sure there will be no breach in your businesses data operations; including transfers of personal data from the EU to the º£½ÇÊÓÆµ and onward transfers of that data from the º£½ÇÊÓÆµ to third countries.
- If you are relying upon consent obtained while the º£½ÇÊÓÆµ is still a member of the EU, consider obtaining it again as it is currently unclear whether º£½ÇÊÓÆµ businesses relying on consent in processing EU personal data can continue after a no deal Brexit.
- If you have an office in another EU country or process EU personal data, you should consider other aspects of local privacy laws in that country, as GDPR allows for local variations.
VAT:
- The º£½ÇÊÓÆµ will become a ‘third country’ for EU VAT purposes.
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- Suppliers of services to clients in EU member states should note that following a no deal
Brexit, the current rules for the place of supply of services will generally apply as if the suppliers of services to an EU customer were to a third country customer.
- In general, all goods entering the º£½ÇÊÓÆµ as parcels sent by overseas businesses will be liable
for VAT.
- Exporters will need to be aware that import VAT and customs processes are likely to apply to goods on entry to the EU.
- º£½ÇÊÓÆµ businesses will continue to be able to claim refunds of VAT from EU member states but in future they will need to use the processes for non-EU businesses.
Consumer Law:
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- The European Commission’s Online Dispute Resolution procedure nor the European Small Claims procedure will be available to º£½ÇÊÓÆµ consumers.
- The European Health Insurance Card will no longer be made available to º£½ÇÊÓÆµ residents/citizens. This means that those travelling from the º£½ÇÊÓÆµ to EU/EEA states will need to purchase health insurance to cover accidents and emergencies following a no-deal Brexit.
- Any judgment of a º£½ÇÊÓÆµ court made against an EU/EEA retailer will no longer be automatically enforceable against the retailer in that country.
For more information on how to prepare please visit .
You can contact Claire Cornish Senior Associate, Browne Jacobson LLP on Claire.cornish@brownejacobson.com.