Using personal data in your business or other organisation after the transition period
The EU has now formally adopted ‘adequacy decisions’ for the UK. These allow for the ongoing free flow of personal data from the EU/EEA to the UK. The action you may need to take regarding data protection and data flows with the EU/EEA can be read in full here.
Intellectual Property and the Transition Period
EU law no longer applies in the UK, rules for UK businesses regarding the intellectual property have changed. If you have registered rights such as Trademarks, Designs or Patents your rights have been converted from EU wide rights to UK rights. You may need to re-register your rights in the EU should you wish to maintain protection there.
International Data Transfers
If you receive personal data from a company based in an EU/EEA country, you should map your data flows and put in place alternative transfer mechanisms, such as Standard Contractual Clauses (SCCs), with any relevant EU organisations (the EU has yet to make a decision as to whether they accept that the UK’s data protection regime is still adequate).
A Standard Contractual Clause will need to be put in place to ensure data can flow freely from the 1st January 20201. This is separate from a trade deal with the EU and will have to be done in any scenario.
Employing from the EU after 1 January 2021
The Secretary of State for the Department for Business, Energy and Industrial Strategy has provided further information and guidance on hiring from the EU after the end of the transition period.
- You can find out what actions you may need to take by visiting gov.uk/transition and using the checker tool.
- From 1 January 2021, the UK will introduce a points-based immigration system that is designed to treat EU and non-EU citizens equally and transform the way in which employers recruit internationally. The new system will not apply to hiring Irish citizens, or EU citizens already living and working in the UK who are eligible under the EU Settlement Scheme.
Regardless of the nature of our future trading relationship with the EU, from 1 January there will be guaranteed changes for businesses:
- You will need to be a licensed sponsor to hire eligible workers from outside the UK. This normally takes 8 weeks and fees apply. Check your business is eligible and read the accompanying sponsorship guidance.
- New job, salary and language requirements will apply to anyone that you want to hire from outside the UK. Check that the people you want to hire will meet the requirements for coming to the UK for work.
The Government will continue to provide sector-specific webinars to walk you through the actions you need to take. All previously recorded webinars are also available on demand now.
Imports and Exports: Guidance
Speak to an adviser online about general import and export queries.
Call HMRC for help with questions about:
- customs reliefs
Find out how to claim a repayment of customs charges if you think you have been charged too much.
0300 322 9434
0300 200 3719
- Monday to Friday: 8am to 6pm
- Closed on Saturdays, Sundays and bank holidays.
You can also find out information in:
Write to HMRC for help with questions about importing, exporting and customs reliefs.
HM Revenue and Customs – CITEX Written Enquiry Team
Local Compliance S0000
Include your VAT registration number and the name and postal address of your business.
TIGA’s Post-Brexit Updates
- The Government publishes written answer on Turing Scheme – 19 January 2021 – link.
- The Minister of State for Universities responds to a written question on Turing Scheme – 28 January 2021 – link.
- TIGA welcomes the European Commission’s draft data adequacy decisions – 22 February 2021 – link.
- EU adopts adequacy decisions allowing data to flow freely to the UK – 28 June 2021 – link.