IPA reminds members to prepare for no-deal Brexit

A summary of IPA Brexit guidance with 31 October fast approaching.

Despite the successful attempt by MPs opposed to a no-deal Brexit to take control of the Commons agenda in order to try and force through a bill to extend the Brexit deadline from 31 October to 31 January, the IPA is reminding members to consider what steps they may need to take to minimise disruption to their businesses in the event that a no-deal Brexit does happen.

The IPA’s Legal & Public Affairs team had already published various pieces of guidance on Brexit prior to the original Brexit deadline of 29 March 2019, including a general note in conjunction with Bristows law firm which covers a range of topics, and separate notes on data protection issues.

The Government’s "Get Ready for Brexit" website contains a large range of information for businesses. Within the “Businesses and Organisations” section of the site, you can narrow the search for guidance notes relevant to your business on issues such as intellectual property or data protection, for example, by following the steps behind the link: 'Find out how to prepare your business for Brexit'.

And the Advertising Association, of which the IPA is a member and a contributor to many of its initiatives, has recently published its own no-deal Brexit guidance which we have set out below.

Says Richard Lindsay, Director of Legal and Public Affairs, IPA "Despite the government's defeat, it is still possible that the UK will leave the EU without a deal. All businesses, including agencies, should prepare accordingly. We would urge members to remind themselves of the key issues likely to be of relevance to their businesses as set out in our own legal alerts and guidance notes and the AA’s guidance, and to check the Government’s Get Ready for Brexit webpage for updated information. ”

If you have any questions about how to prepare your agency for Brexit please get in touch on legal@ipa.co.uk

Summary of AA ‘Preparing for No-Deal Brexit’ guidance:

Data

If your organisation receives personal data from other countries, in particular the EEA, it is important that you have contingencies in place so that you can continue receiving personal data lawfully. While this note is intended to provide guidance, it does not replace legal advice. The UK’s data protection regime is currently governed by the EU’s General Data Protection Regulations (GDPR) and the UK’s Data Protection Act 2018 (DPA 2018). If your organisation receives personal data from the EEA you will still need to abide by both GDPR and the DPA 2018 even after Brexit. Read the full advisory note on the AA website.

EU Settlement Scheme

The EU Settlement Scheme has been fully open to the public since 30 March 2019. EU, other EEA and Swiss citizens can apply by 30 June 2021 if the UK leaves the EU with a deal, or by 31 December 2020 if the UK leaves without a deal. Given the uncertainty over whether Freedom of Movement will end if the UK leaves the EU without a deal, we recommend engaging with your EU/EEA colleagues and encourage them to apply for the EU Settlement Scheme sooner, rather than later. Read the full advisory note on the AA website.

EU, EEA and Swiss Citizens staying in the UK longer than three months

If the UK leaves the EU without a deal, the UK Government has committed to ending freedom of movement as soon as possible. After the UK has left the EU, EU, EEA and Swiss citizens will continue to enter the UK unchanged (without a visa), for stays up to 3 months even in the event of a No-Deal Brexit. For EU, EEA and Swiss citizens arriving in the UK, after it has left the EU without a deal, and wanting to stay to live, work and study in the UK for more than 3 months, they will need to apply for “European Temporary Leave to Remain” during the transition period. Read the full advisory note on the AA website.