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Brexit

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In June 2016 the United Kingdom (UK) voted in a referendum in favour of withdrawal from the European Union ("Brexit"). 

Art. 50 TEU stipulates special provisions for the withdrawal of a Member State. Thus, a Member State which decides to leave must inform the European Council of its intention. Only then will the negotiations on a withdrawal agreement commence. With effect from the date on which the withdrawal agreement comes into effect or two years after invoking Article 50 the treaties cease to apply, unless the European Council unanimously resolves by mutual agreement with the Member State concerned to extend this deadline.

On 29 March 2017 Theresa May submitted the withdrawal notification. The negotiations between the EU and the UK concerning the withdrawal officially started on 19 June 2017 and must be concluded within a two-year period, thus by the end of March 2019.

On 14 November 2018 the United Kingdom and the EU agreed a draft withdrawal agreement. When the withdrawal agreement comes into effect United Kingdom will leave the EU with effect from midnight on 29 March 2019. During a transition phase until the end of 2020 the United Kingdom will continue to have access to the internal market and will participate in the customs union.

However, first of all the withdrawal agreement has to be approved by the Parliament of the United Kingdom. Since the premature new elections in June 2017 Theresa May has only had a very small majority in Parliament.

On 15 January 2019, the United Kingdom Parliament rejected the draft withdrawal agreement. We will, of course, continue to keep you informed of the legal implications of the upcoming events.

leg­al Im­plic­a­tions

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21 August 2019
CMS - Fo­cus­ing on Funds – Lux­em­bourg Brexit
04 March 2020
SCIP Data­base: a step for­ward for the cir­cu­lar eco­nomy
From 5 Janu­ary 2021, busi­nesses that sup­ply art­icles or com­plex ob­jects (products) con­tain­ing cer­tain haz­ard­ous sub­stances will have to sub­mit in­form­a­tion to a new data­base es­tab­lished by the European...
15/07/2019
'Data pro­tec­tion au­thor­it­ies are aware of the is­sues, reg­u­lat­ory ac­tion...
EDPO founder Jane Murphy on the GDPR and non-EEA or­gan­iz­a­tions
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...
18/03/2019
Brexit for In­surers
Pod­cast
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...
19/02/2019
GDPR and a no-deal Brexit: trans­fer­ring data with the UK after March 29
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...
28/01/2019
Brexit - Fin­an­cial in­sti­tu­tions wish­ing to con­tin­ue do­ing busi­ness in the...
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...
09/10/2018
CMS European Real Es­tate Deal Point Study 2018
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...