Brexit Resources
September 2022 Update
July 2022 Update
- Prism: the new UK product safety risk assessment methodology
- Business Reference Panel: UKCA Update
- Draft Digital Markets, Competition and Consumer Bill
- Safeguarding the future together
- Personal notes for IABM of the Office of Product Safety & Standards Business Reference Panel Meeting held on 12th July 2022 at the BEIS 1VS Conference Centre, Westminster
How to secure, protect and defend your brand in Europe, and what’s changing in 2021
Among the new opportunities and challenges coming up in 2021, the UK will emerge from the Brexit transition period ending on 31 December 2020, resulting in a raft of legal changes. There will be many action points that businesses around the world will already be focused on. Have you included a review of your brand protection?
This article will explain the different ways to protect brands in Europe as part of your international brand strategy, including what you need to do in light of Brexit and why.
Transition Update - 16 November 2020
The UK Transition period ends in 46 days. If your business trades with other countries from Europe or you represent a business who does, from 1 January you’ll need to be prepared for these changes.
We understand these are challenging times, but it is important to make sure that your business is ready for these new rules. To help you prepare for these changes and give you the latest information we’re inviting you to join our live webinar:
Completing Customs Import Declarations
During the webinar we’ll provide a run through of the key new processes – import declarations, simplified declarations, supplementary declarations, preparing to make them, making import declarations without authorisation, and delayed import declarations.
You can also ask questions using the on-screen text box.
Please register to take part and make sure you’re prepared for the end of the transition period.
We make sure our webinars are constantly updated to provide you with the latest government guidance and information as it develops.
A message from the Business Secretary: Intellectual Property rules are changing
As I have written over the past few weeks, it is important that your business is ready for the end of the transition period on December 31 which is 49 days away. In this week’s letter I want to focus on Intellectual Property rules.
In just 49 days there will be changes to how the Intellectual Property (IP) system and the Intellectual Property Office (IPO) will operate. These changes will affect:
You can find out more information about all of these changes in this news story from the IPO.
Help is available to ensure your business is ready. I urge you to:
- Consider carefully where to disclose your designs to ensure they have adequate protection in their most important market;
- If you export IP-protected goods on the secondary or parallel market, contact the rights holder in the EEA to see if you have permission to continue to parallel export.
- Consider if you want exports to continue if you are a business that owns the IP rights for goods currently parallel exported from the UK to the EEA.
If you do not take action, there is a risk your business operations will be interrupted. You can find out what other actions you may need to take by using the checker tool at gov.uk/transition and signing up for business readiness updates.
I know this is a tough time for many businesses as we continue to face the challenges posed by coronavirus. I want to take the opportunity to thank you for all you are doing to combat those challenges and in helping to ensure a smooth end to the transition period. The Government is determined to help you take advantage of the new opportunities that being an independent trading nation will bring.
Yours sincerely,
Rt Hon Alok Sharma MP
Secretary of State for Business, Energy & Industrial Strategy
IABM Webinar
How best to prepare your company for Brexit
An informative update on the implications of Brexit, focused on the broadcast and media industry
Presenter
Kevin Shakespeare, Director of Stakeholder Engagements, Institute of Export and International Trade
In this webinar we took a comprehensive look at the implications of Brexit for the broadcast and media industry – for both UK companies exporting goods and services to Europe and European/rest of world companies exporting to the UK.
Topics covered included internet protocol issues, cyber security issues and trademark and copyright issues as well as straight forward import and export issues.
Questions answered in this webinar included:
- What is the best source or clearinghouse of information for companies looking to navigate their way through the Brexit process?
- Will there be any visa or other requirements for engineers installing/commissioning systems in EU countries?
- We are a software company. We provide download links only to our customers. Is this 'goods' or 'services'
- Currently when offering B2B services, the general rule applies - the place of supply is where the customer belongs. Does this mean that EU countries will now be treated as overseas and we can zero rate the VAT?
- What is the status for freelancers who invoice EU companies? Will VAT need to be changed?
- In the event of no deal being agreed, apart from the obvious new procedures for selling into EU, we understand that delivery of goods to IBC (and any other EU exhibition) will require significant additional paperwork. I assume that would be ATA Carnet, but i'd be interested to know if you have any other information or expectation around that possible scenario?
Useful website links
Changes to your customs authorisations in a no-deal Brexit
Find out how a no-deal Brexit would affect your existing authorisation to use customs procedures or other facilitations.
Satellites and space programmes after Brexit
How the UK’s space programmes will be affected if there’s a no-deal Brexit.
International agreements if the UK leaves the EU without a deal
The UK is taking steps to deliver continuity across a number of international agreements that we currently participate in as a member of the EU.
UK trade agreements with non-EU countries in a no-deal Brexit
Find out which new trade agreements will be in place if there’s a no-deal Brexit.
UK trade agreements with non-EU countries in a no-deal Brexit
Find out which new trade agreements will be in place if there’s a no-deal Brexit.
Brexit workshops get small businesses ready to trade
Workshops led by the Department for International Trade’s regional network prepare small businesses for trade post-Brexit.
Brexit: preparations for further education and apprenticeship providers
What organisations and businesses should do to get ready for Brexit.
Leaving the EU: advice for EU businesses
Use this information to help you prepare your EU business for Brexit.
Changes to trade mark law after Brexit
Guidance for businesses and organisations holding EU trade marks after the UK leaves the EU.
Broadcasting and video on-demand if there’s no Brexit deal
How the rules for broadcasters and providers of video on-demand services would change if there’s no Brexit deal.
New national application forms to apply for, change or renew a marketing authorisation
Launch of national application forms for a marketing authorisation.
Changes to SPC and patent law after Brexit
What will change and what will stay the same in relation to Supplementary Protection Certificates (SPCs) and patent law: information for businesses, legal representatives, and UK rights holders.
Exhaustion of intellectual property rights if there’s a no-deal Brexit
How the exhaustion of intellectual property rights would be affected if there’s a no-deal Brexit
Promoting competition and ensuring markets work well after Brexit
How the CMA is preparing for Brexit.
Flowcharts for import and export processes after Brexit
The way you import to and export from the EU will change after Brexit. These flowcharts explain the new processes for certain goods and products.
Letters on no deal Brexit advice for businesses trading with the EU
HMRC letters to VAT-registered businesses trading with the EU explaining how to prepare for changes to customs, excise and VAT if the UK leaves the EU without a deal.
Information videos for traders in a no-deal Brexit
Watch videos about trading with the EU in a no-deal Brexit.
The Customs Tariff (Establishment) (EU Exit) Regulations
Read this document to find out the legal classification and import rate for products being imported into the UK.
EU Cyber Security Certification (EU Exit) Call for Views
A call for views on the proposed approach to cyber security certification following the UK’s departure from the EU.
IP and Brexit: the facts
Facts on the future of intellectual property laws following the decision that the UK will leave the EU.
International agreements if the UK leaves the EU without a deal
The UK is taking steps to deliver continuity across a number of international agreements that we currently participate in as a member of the EU.
Intellectual property and Brexit
Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.
Statutory Instruments relating to Brexit
Statutory Instruments relating to Customs, Excise and VAT and Brexit.
HMRC impact assessment for the movement of goods if the UK leaves the EU without a deal
Leaving the EU without a negotiated settlement is not the government’s preferred outcome, but it’s essential that the UK is prepared for all possible eventualities on customs, VAT and excise arrangements.
NIS Regulations – what UK digital service providers operating in the EU should do after Brexit
What you must do to comply with the regulations covering the security of network and information systems.
Making phone calls and sending texts to the EU and EEA countries if there’s no Brexit deal
How leaving the EU with no Brexit deal may affect the cost of making phone calls and sending texts from the UK to the EU and European Economic Area (EEA) countries.
HMRC Brexit communications resources
HM Revenue and Customs resources to help preparations for Brexit.
eCommerce Directive – what online service providers in the UK should do to get ready for Brexit
Actions organisations in the UK that provide online services should take to prepare for a no-deal Brexit.
Statutory Instruments relating to Brexit
Statutory Instruments relating to Customs, Excise and VAT and Brexit.
UK trade agreement continuity: statistics and analysis
This document provides figures on UK trade continuity agreements.
Export licences and special rules after a no-deal Brexit
Guidance on how the licences, certificates and special rules to take different types of goods out of the UK will change after a no-deal Brexit.
Useful resources
The General Data Protection Regulation (GDPR) co-ordinates data protection law across the European Union (EU). This is to facilitate the free flow of data and to protect the rights of EU data subjects whose personal data is transferred to countries outside the EU.
Countries outside the European Economic Area (EEA) are deemed ‘third countries’ and organisations or individuals within a third country cannot assume that they can automatically transfer or process the personal data of EU data subjects.
When the UK leaves the EU (now set for 31 October 2019) it will become a third country. This means UK organisations and individuals that process or transfer the personal data of EU citizens from the EU to the UK may need to take action to continue the free flow of data from the EU to the UK and protection of EU data subjects.
The action required will vary according to whether there is a deal (as set out in any withdrawal agreement) or no deal.
In the absence of an agreement between the EEA and the UK (no-deal Brexit), the UK will become a third country from 00.00 am CET on 1st November 2019. This means that the transfer of personal data to the UK has to be based on one of the following instruments as of 1st November 2019:
- Standard or ad hoc Data Protection Clauses
- Binding Corporate Rules
- Codes of Conduct and Certification Mechanisms
- Derogations
This note provides information to commercial and public organisations on these transfer instruments under the GDPR for the transfer of personal data to the UK in the event of a no-deal Brexit
The EDPB builds upon the guidance provided on this matter by supervisory authorities and by the European Commission (EC). EEA organisations may turn, if necessary, to the national supervisory authorities competent to oversee the related processing activities.
This guidance explains data protection and Brexit in more detail. Read it if you have detailed questions not answered in our other resources, or if you need a deeper understanding of data protection law and how it will change if we leave the EU without a deal.
It is particularly relevant to UK businesses and organisations that rely on international data flows, target European customers or operate inside the EEA.
This guidance is aimed primarily at DPOs and those with specific data protection responsibilities. It is not aimed at individuals.
Leaving the EU with no-deal would mean leaving without a Withdrawal Agreement or a framework for a future relationship in place. In the absence of an implementation period, businesses and citizens would need to adapt immediately to the UK’s new relationship with the EU.
In the immediate aftermath, the UK and the EU would trade with each other on World Trade Organization terms. The UK would be outside the jurisdiction of the European Court of Justice and the direct effect of EU law would no longer apply.
Given the implications for citizens, consumers, businesses and the economy, the Government is committed to prioritising stability. In some areas, the Government would act unilaterally to provide continuity for a temporary period, irrespective of whether the EU reciprocates.