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HMT looks to create payments parachute for a cliff-edge Brexit

HM Treasury's draft Brexit Regulations for UK payment services and e-money activity aim to soften the practical impact of the EEA suddenly becoming, to all intents and purposes, a third country regulatory regime overnight. You need to be ready to engage quickly with the policy-makers on anything in the detailed textual changes that's likely to significantly affect your business. To kick things off, we outline some of the specific issues that the Regulations try to address below.

Data Protection in the Event of a “No Deal Brexit”

As part of its preparations for a “no deal” scenario when the Article 50 negotiating period comes to an end on 29 March 2019, the Department for Digital, Culture, Media and Sport (“DDCMS”) has today released guidance on “Data protection if there’s no Brexit deal”. The UK will become a “third country” on its exit from the European Union, which means that unhindered cross-border transfers of data will no longer automatically be able to take place between the UK and the EU.

HMA-EMA’s work programme on availability of authorised medicines for human and veterinary use includes measures for Brexit

On 23 August 2018, the European Medicines Agency (EMA) and the Heads of Medicines Agencies (HMA), the network of the National Competent Authorities in the European Economic Area (EEA), published the work programme of their joint task force regarding the availability of authorised medicines for human and veterinary use.

Will the UK meet the EU adequacy test?

Upon Brexit the UK will cease to be an EU Member State and become a so-called 'third country'. As a result, UK-based organisations, which in the context of transfers of personal data to countries outside the EU have always been exporters, will become importers of data originating from the EU. This is a serious concern because transfers of personal data from the EU to third countries are severely restricted. 

UK Government publishes first no deal Brexit notices for food

The Government has released its first batch of technical notices which aim to prepare UK citizens and businesses for an exit from the EU without a Withdrawal Agreement on 29 March 2019. Of most relevance to food businesses are the notices on developing genetically modified organisms (“GMOs”) and producing and processing organic foods.

UK Government publishes "no deal" Brexit guidance for medicines and medical devices

The UK government has published several guidance documents on how to prepare for Brexit in the event of a "no deal" scenario (i.e. if the UK and EU do not agree a future trade deal and the proposed post-Brexit implementation/transition period does not go ahead).

UK Government and businesses intensify focus on planning for no-deal Brexit

Detail of the technical notices makes clear that avoiding much of the potentially significant disruption of a no deal outcome will require good faith, cooperation and pragmatism from both sides of the English Channel

UK Government Publishes Guidance for Life Sciences Companies on Brexit Transition

The UK Government has published guidance for life sciences companies on the Brexit implementation period, which is intended to take effect from 30 March 2019 to the end of 2020. If the draft Withdrawal Agreement is finalised by the UK and EU, during the implementation period the UK will no longer be an EU Member State but the UK and EU will continue to access each other’s market on broadly the same terms as at present.

The UK seeks to maintain 42 existing EU anti-dumping and anti-subsidy measures post-Brexit

But actions are needed from UK producers

On 28 November 2017, the UK Department for International Trade (DIT) announced that it would seek to maintain existing EU anti-dumping (AD) and anti-subsidy (AS) measures post-Brexit 

Brexit, medical devices and transfer of notified bodies: what will be the procedure?

In the recently published White Paper governing the future relationship between the United Kingdom and the European Union, the UK proposes a "common rulebook" between the parties in relation to goods. The White Paper discusses what is foreseen as the future relationship between the parties in some detail. This includes the expectation that goods' manufacturers should be required to undergo only one series of tests in either the EU or the UK, in order to place products in both markets. According to the White Paper, this approach would be "underpinned by strong reciprocal commitments to open and fair trade and a robust institutional framework".

UK Government presents its draft schedule of commitments for goods in Geneva

International trade law is about to become a whole lot more relevant to UK businesses, as the UK is going ahead in fledgling its independent trade policy. 

Mind the gaffe: Parliament's scrutiny committee gives business five days to spot the Government's Brexit blunders

London is in the midst of a heatwave but a storm has hit Westminster.  The Government has begun publishing the draft statutory instruments (SIs) it intends to adopt using its new delegated power in the European Union (Withdrawal) Act 2018 (EUWA 2018) to correct deficiencies in retained EU law post-Brexit.