Post-Brexit UK-EU Trading Relationship

 

The UK has now left the EU and the transition period has come to an end. The UK is no longer in the Single Market and Customs Union and EU law no longer applies in the UK.

The Trade and Cooperation Agreement was agreed upon in December 2021. Guidance on what has changed, what has remained the same and what actions businesses and citizens may need to take can be found here.

Guidance

Guidance for DCMS sectors during the transition period and after 1 January 2021

Information for DCMS sectors now that the UK has left the EU. The guidance can be read in full here.

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.

Data Protection at the End of the Transition Period

The guidance can be accessed in full here.

International Data Transfers

The guidance can be accessed in full here.

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.

Immigration Rules

Immigration rules for visitors can be accessed here.

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

Online

Send a question about imports, exports and customs reliefs

Webchat

Speak to an adviser online about general import and export queries.

Phone

Call HMRC for help with questions about:

  • importing
  • exporting
  • customs reliefs

Find out how to claim a repayment of customs charges if you think you have been charged too much.

Telephone:
0300 322 9434

Textphone:
0300 200 3719

Opening times:

Monday to Friday: 8am to 6pm

Closed on Saturdays, Sundays and bank holidays.

You can also find out information in:

Find out about call charges

Post

Write to HMRC for help with questions about importing, exporting and customs reliefs.

HM Revenue and Customs – CITEX Written Enquiry Team
Local Compliance S0000
Newcastle
NE98 1ZZ
United Kingdom

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.