Brexit round-up – 20/11/20
20th November, 2020
Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.
2007 Lugano Convention laid before Parliament
The UK Government has announced that the 2007 Lugano Convention was laid before Parliament in November 2020. The Convention governs jurisdiction and the enforcement of judgments in civil and commercial matters between EU member states and Norway, Iceland and Switzerland. The Convention previously applied to the UK by virtue of EU membership and will continue to be treated as applying to the UK until the end of the Brexit transition period at 11.00 pm on 31 December 2020. From the end of the transition period, the Convention will no longer apply to the UK (except in transitional cases). The UK has therefore applied to accede to the Convention as a contracting state in its own right. According to the explanatory memorandum, the Convention has been laid before Parliament now, in order for the Convention to enter into force as soon as possible after the end of the transition period, if a positive response is received to the UK’s application. Therefore, the UK Government is commencing the necessary parliamentary procedure. The UK has received statements of support from Iceland, Norway and Switzerland in respect of its intention to accede to the Convention. If the UK accedes to the Convention, the UK Government intends that it will be implemented by the Private International Law (Implementation of Agreements) Bill. This should, in principle, ensure the continuation of the Brussels regime on jurisdiction and the enforcement of judgments, as the Convention mirrors the 2001 Brussels Regulation (44/2001).
For more information please click here.
Coronavirus halts trade talks
Trade talks between the UK and the EU have been suspended this week after a member of the EU team tested positive for coronavirus. EU chief negotiator Michel Barnier said that discussions would continue in “full respect” of safety guidelines but that they have been suspended for a “short period.” As the Decemeber deadline looms for the sides to reach an agreement, fishing rights, post-Brexit competition rules and how any deal would be enforced remain key areas of disagreement.
For more information please click here.
Video: Data protection
The transition period will maintain the status quo until 31 December 2020 – but after that, are changes needed to the way in which businesses approach personal data transfers which involve transferring personal data into or out of the EU? What extra measures will you need to take to make sure international transfers of personal data remain lawful? Will you still be able to use data processors based in the EU? Will you need to change your contracts or any other documentation?
In this video data protection specialist Phil Tompkins discusses the implications of Brexit for personal data exports.
Click here to view.
If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options during the Brexit process, please do not hesitate to get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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