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Brexit

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(Last updated: 07 January 2021) 

In a referendum held on 23 June 2016, the United Kingdom (UK) voted to leave the European Union. For a long time, the withdrawal agreement negotiated between the EU and the UK was not adopted by the British Parliament, could not come into force and thus the withdrawal deadline was deferred on several occasions. 

On 31 January 2020 at midnight (CET), the UK left the EU. With that, the Withdrawal Agreement between the EU and the United Kingdom came into force. 

Until the expiry of the transition period set out in the Withdrawal Agreement on 31 December 2020, the UK was still treated as a Member State. Since 1 January 2021, EU law has ceased to apply to the United Kingdom and the UK is no longer part of the internal market or customs union.

Following intense negotiations, the EU and UK reached an agreement on their future partnership on 24 December 2020. The Trade and Cooperation Agreement is provisionally applicable from 1 January 2021 until it is ratified. 

Although the negotiating parties succeeded in reaching a trade and cooperation agreement, the relationship with the UK will be fundamentally different to membership of the EU internal market. As of 1 January 2021, there is now a customs border between the EU and the UK, and customs formalities must be observed. 

Numerous further points are (as yet) unclear. We offer you comprehensive advice on the withdrawal of the UK from the EU in all legal areas concerned. Please contact us with your questions so that we can work out the best solutions for you.

Pod­cast - The Fu­ture after Brexit
CMS To Go
30/01/2020
Brexit - the count­down to cus­toms and bor­der con­trols
The date has been post­poned on sev­er­al oc­ca­sions but now the day is here. The United King­dom will leave the EU on mid­night (CET) on 31 Janu­ary 2020. Trans­ition peri­od The trans­ition peri­od be­gins there­after...

Timeline: Brexit and other Events relevant to the European Union in this context

Brexit Timeline

Please find below a summary of the possible legal consequences of the UK's withdrawal from the EU, arranged according to areas of law. If you require any further information please feel free to contact John Hammond at any time.

If you have any questions regarding the UK's withdrawal from the EU and its consequences, you can call our lawyers on the Brexit Hotline at any time: +49 711 9764 930.

Brexit Hotline

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18 September 2020
How will in­valid­ity of the Pri­vacy Shield and new rules for Stand­ard Con­trac­tu­al...
In a re­cent rul­ing, the EU Court of Justice struck down the EU-US Pri­vacy Shield and, though it ruled that stand­ard con­trac­tu­al clauses re­main val­id for trans­fers of per­son­al data out­side the EEA, in­ter­preted...
14/08/2020
The Fu­ture after Brexit – an Up­date
Ne­go­ti­ations between the EU and the UK re­gard­ing their fu­ture re­la­tion­ship are on­go­ing. The frame­work for the ne­go­ti­ations was set out in the Polit­ic­al De­clar­a­tion on Fu­ture Re­la­tions that was agreed...
27 July 2020
Pro­tec­tion for Designs in UK post Brexit
Since 2002, UK busi­nesses have been able to pro­tect their designs by vir­tue of both UK and EU design rights, con­fer­ring par­al­lel but slightly dif­fer­ing forms of pro­tec­tion. This art­icle con­siders the...
28 February 2020
UK/EU fin­an­cial ser­vices after Brexit -cross bor­der reg­u­la­tion after the...
On 25 Feb­ru­ary, the Coun­cil of the EU pub­lished the fi­nal ver­sion of its ne­go­ti­at­ing man­date and, two days later, the UK gov­ern­ment set out its ap­proach to our fu­ture re­la­tion­ship with the EU. Ne­go­ti­ations...
30/01/2020
Brexit - the count­down to cus­toms and bor­der con­trols
The date has been post­poned on sev­er­al oc­ca­sions but now the day is here. The United King­dom will leave the EU on mid­night (CET) on 31 Janu­ary 2020. Trans­ition peri­od The trans­ition peri­od be­gins there­after...
15 November 2019
Brexit and data pro­tec­tion: what to do next (when you don’t know what’s...
Whilst the threat of a no-deal Brexit has been aver­ted for now, the fu­ture is by no means cer­tain. We have high­lighted some of the key is­sues for UK-based or­gan­isa­tions, and the EEA or­gan­isa­tions that...
27 September 2019
Fin­an­cial as­sist­ance to Mem­ber States and European un­der­tak­ings in the...
Brexit without an agree­ment would have im­port­ant con­sequences for the eco­nomy, the la­bour mar­ket and pub­lic fin­ances in the Mem­ber States that have par­tic­u­larly close trade and fin­an­cial re­la­tions with...
12 September 2019
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
21 August 2019
CMS - Fo­cus­ing on Funds – Lux­em­bourg Brexit
This Fo­cus­ing on Funds is an alert with re­spect to the Brexit re­mind­ers is­sued by the Lux­em­bourg reg­u­lat­or ("CSSF") to all firms cur­rently au­thor­ised un­der CRD, Mi­FID II, PSD 2 or EMD in the United King­dom...
19 August 2019
The ins and outs of Brexit – em­ploy­ment and tax as­pects
As the Brexit pro­cess ap­proaches its ex­ten­ded 31 Oc­to­ber 2019 dead­line, UK and EU com­pan­ies and their em­ploy­ees are fo­cus­ing on the key em­ploy­ment law and tax ques­tions that will shape busi­ness and the...
14 August 2019
The ins and outs of Brexit – em­ploy­ment and tax as­pects
As the Brexit pro­cess ap­proaches its ex­ten­ded 31 Oc­to­ber 2019 dead­line, UK and EU com­pan­ies and their em­ploy­ees are fo­cus­ing on the key em­ploy­ment law and tax ques­tions that will shape busi­ness and the world of work in the post-Brexit land­scape.Do I need to re­or­gan­ise my busi­ness? Should I re­lo­cate from the UK to an EU mem­ber state? What will be the ar­range­ments for trans­fer­ring em­ploy­ees to and from the UK? What are the tax im­plic­a­tions of re­or­gan­isa­tion and re­lo­ca­tion?In this CMS guide, we high­light the key con­sid­er­a­tions for com­pan­ies and em­ploy­ees. We take a close look at de­vel­op­ments in France, Ger­many and Lux­em­bourg – three EU jur­is­dic­tions com­pet­ing to at­tract new or ex­pan­ded busi­ness from ‘Brex­odus’ re­lo­ca­tions and re­or­gan­isa­tions.
29 May 2019
Brexit: don't for­get to ne­go­ti­ate the dis­pute res­ol­u­tion clause!
The post­pone­ment of Brexit pro­longs the sus­pense con­cern­ing the fu­ture co­oper­a­tion between the European Uni­on (EU) and the United King­dom (UK). Un­cer­tainty re­gard­ing re­cog­ni­tion and en­force­ment of judg­ments...