20 FAQs on business regulations in the event of a no deal Brexit

 

*Due to ongoing negotiations between the UK and the EU on a free trade agreement, these arrangements are evolving. The guidance below reflected the UK government’s position during no deal preparations ahead of a 31 October exit date. We will update this once the new arrangements become clear.

**In particular, the situation surrounding the CE mark is currently unclear.

Business Regulations / Legal

Meeting business regulations: Businesses supplying both goods and services will need to consider the regulatory and legal implications relevant to their activities and operations. This could include reviewing the rules for placing CE marked products on the UK and EU markets, understanding local EU Member State rules for each country to which a UK company provides services, and ensuring that intellectual property rights are protected.

 

Overview

Following the end of the transition period, UK service providers will no longer have access to the relevant EEA regulations for cross-border trade in services. The impact on UK services providers could include restrictions on movement of professionals, access to talent, lack of recognition of professional qualifications and changes to rights to establishment. The specific impact will depend on the type of services being provided and the manner in which those services are provided e.g. remote provision of services, travel to provide the service, or establishing a commercial presence overseas.

In very general terms, businesses trading goods currently covered by EU rules will need to check they continue to meet the necessary conditions post-Brexit to place goods on the market. Businesses will need to check if a conformity process is required, and if so, which one. The EU Blue Guide contains guidance on most EU product rules, including conformity assessments. If you are already exporting to the EU, you should already have these in place and need to check whether your existing processes are sufficient after Brexit. Businesses will also need to check products meet requirements to be placed on the UK market. Previously, in their preparations for no deal, Government said that businesses may be able to use the CE mark in certain circumstances for goods placed on the UK market.

As of the end of the transition period, this arrangement is no longer clear and we could encourage members to check with HMRC or BEIS about their requirements**

Businesses will also need to review the legal implications of Brexit. This includes the impact of Brexit on corporate structure, and consider the specific rules that may apply in individual EU member states in which the business has a presence. Commercial contracts will also need to be reviewed from a Brexit perspective. Business should consider and review terms within contracts including parties, definition of EU and UK, international commercial terms (Incoterms), foreign exchange, data protection and ability to meet specified delivery timeframes.

 

  • Neil Ross

    Neil Ross

    Policy Manager | Digital Economy
    T 078 4276 5470

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business regulations (pdf)

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