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Brexit Task Force
March 2021
Since the beginning of the Brexit process in 2016, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has advised clients in a wide range of industries on the challenges and opportunities created by this historic event.
While the EU-UK negotiations have addressed several important issues, much uncertainty remains concerning future trade relations, regulatory divergence, and the economic consequences of the UK’s exit from the EU. We continue to advise clients on Brexit’s impact and implications, both strategic and technical, for various regulatory regimes and sectors facing specific issues.
On-Demand Webinar Series
- Latest Regulatory and Policy Initiatives on Plastics in the EU, Selected Member States and the United Kingdom: What Companies Need to Know (January 2021)
- Bite-Sized Brexit: What You Need to Know (January 2021)
- Inside Privacy Audiocast: Brexit and the Future of Data Privacy Law (October 2020)
- Brexit On-Demand Webinar Series: Setting the Political Scene -– View our Key Takeaways from the episode (October 2020)
Representative Advice on Regulatory Impacts of Brexit
- Regulatory Integration: risks to business of regulatory fragmentation; the likelihood of securing bespoke agreements for specific sectors, such as pharmaceuticals, air transport, and financial services; strategies to advocate EU-UK regulatory integration in specific fields with UK and EU decision makers.
- Employment and Immigration: the employment status of EU nationals in the UK, and UK nationals in the EU; workforce planning and minimizing the impact of Brexit on both employee relations and the wider business.
- Corporate: deal opportunities; the likely effect of Brexit on a number of corporate structures established in EU legislation; how to structure EU-UK joint ventures or projects to protect against the likely consequences of Brexit for EU-specific corporate structures.
- Data Protection: the UK's regulatory framework, including UK implementation of the GDPR; data flows after Brexit between (i) the UK and EU and (ii) the UK and other third countries (e.g., the U.S.); status of UK corporate “main establishments;" and EU Model Clauses and Binding Corporate Rule programs post-Brexit.
- Environmental and Product Regulation: the impact on REACH and other EU environmental and product safety rules, and on the different roles of operators in the supply chain.
- Disputes: disputes relating to supply chain disruption, regulatory changes, contractual implications or other Brexit-related issues arising during the transition period or thereafter.
- Cross-border Supply Chains and EU-UK Trade: the likely form of EU-UK trade relations and its implications for trade, manufacturing, and supply chains; work to protect the free flow of goods by region (e.g., special economic zones, sectorial agreements in the free trade area), including public policy and regulatory advice to secure such arrangements.
- International Trade: the likely effect of the models adopted for Brexit on future UK trading relationships with the EU, U.S. and other jurisdictions; the consequences of the UK’s likely position outside the EU Customs Union on rules of origin; restructuring trade flows to minimize disruption and identify opportunities in the models for post-Brexit UK-EU trade arrangements; support and outreach in UK-EU trade negotiations.
- Business Crime: the implications for compliance, regulatory change, and enforcement applying to issues such as bribery and corruption, money laundering, sanctions, modern slavery, and cross-border criminal cooperation relating to investigatory powers and arrest warrants.
- Export Controls and Economic Sanctions: the impact of Brexit on the scope of UK and EU export controls and economic sanctions laws, and associated UK and EU export controls and sanctions licensing processes.
Sector-Specific Advice
- Life Sciences and Healthcare: models for the integration or mutual recognition of EU and future UK medicines and medical devices regulatory systems.
- Food and Beverage: supporting companies, trade associations, and conglomerates on a sustainable regime for food and beverages, including tariff negotiations, regulatory alignment, and supply chain restructuring.
- Technology: data protection; copyright, and the UK’s recognition or implementation of pending proposals, and e-commerce and consumer rights.
- Financial Services: assessing the impact of Brexit on the business and planning the response; advising on the restructuring of businesses and corporate reorganizations; advising on cross-border corporate relocation issues; assisting with major document and contractual reviews impacted by Brexit and the response; lobbying the Government and responding to Consultations; assisting industry associations as a member of task force committees and working groups; and advising on the likely impact on the implementation of major EU Directives and Regulations, such as MiFID II.
Resources
Below is a compendium of resources that outline key points about Brexit and its potential impact on industry.
- Cross-Border Criminal Cooperation in a Post-Brexit World, Covington Alert, January 27, 2021
- Bite-Sized Brexit: What You Need to Know, Covington Guide, January 2021
- Brexit: Implications for European Litigation, Covington Alert, December 31, 2020
- Brexit trade deal ‘will take time to settle down,’ senior advisor says, CNBC, December 29, 2020
- Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy, Inside Privacy Blog, December 24, 2020
- The Main Elements of the EU-UK Trade and Cooperation Agreement, Covington Alert, December 28, 2020
- Brexit – all Set for a Deal?, Global Policy Watch Blog, November 25, 2020
- Inquiry into the Future of the UK’s Financial Services Sector Post-Brexit, Covington Alert, November 24, 2020
- Contract Disputes Likely to Result from Brexit, Covington Alert, October 22, 2020
- Brexit Implications for European Litigation, Covington Alert, September 29, 2020
- UK Is Left out of EU Cooperation on Foreign Direct Investment, And Will Soon Be “Foreign, Global Policy Watch Blog, September 14, 2020
- Brexit: UK Guidance on Regulation of Medical Devices from 1 January 2021, Inside EU Life Sciences Blog, September 3, 2020
- The Brexit Negotiation – In Deadlock?, Global Policy Watch Blog, June 10, 2020
- Brexit and Data Protection - What Now for the UK?, Covington Alert, January 31, 2020
- Brexit Day Marks a Beginning, Not an End, Covington Alert, January 31, 2020
- Brexit Implications for Litigation, Covington Alert, January 30, 2020
- Brexit deal's Northern Ireland protocol opens can of worms for medicines, Politico, January 30, 2020
- Britain leaves its mark on Europe, Politico, January 29, 2020
- Former UK trade minister: Risk of no-deal Brexit remains, but it’s unlikely, CNBC, December 23, 2019
- UK Election Brings Certainty but Concerns Continue, International Financial Law Review, December 13, 2019
- Brexit and Jeremy Corbyn big issues in UK election, former trade minister says, CNBC, December 2, 2019
- Brexit: What’s Next?, Bloomberg, August 28, 2019
- UK data protection law in the post-Brexit world, Thomson Reuters Regulatory Intelligence, July 2, 2019
- Brexit and Cross-Border Regulations, InCIDA, May 2019
- Brexit and Frustration, Covington Alert, April 4, 2019
- The Brexit Headaches Keeping Partners Awake At Night, Legal Week, March 28, 2019
- CFTC paves way for no-deal Brexit swaps transfers, Risk, March 26, 2019
- UK Issues Regulations on Post-Brexit Data Protection Law, Inside Privacy Blog, March 25, 2019
- MPs Rule Out No-Deal Brexit Too Late For Corporate Britain, Law360, March 13, 2019
- Brexit: End Game, CNBC, March 11, 2019
- UK regulator provides further ‘no deal’ Brexit guidance for medical devices regulation, Inside EU Life Sciences Blog, March 7, 2020
- Competition Law Enforcement Trends and Developments in the U.S., Europe and China: Looking Ahead to 2019, Covington Alert, March 2019
- European Commission publishes Letter on Exemption allowing for UK Batch Testing post-Brexit, Inside EU Life Sciences Blog, February 26, 2019
- “No Deal” Brexit and the UK State Aid Regime (Part 2), Covington Competition, February 22, 2019
- Deal or No Deal Brexit? The Lowdown for Competition Law (Part 1), Covington Competition, February 22, 2019
- EDPB releases information note in the event of a "No-deal Brexit," Inside Privacy, February 21, 2019
- The Latest Brexit Chaos: What Does it Mean for Derivatives Markets?, Covington Alert, January 28, 2019
- Maude: May Has No Choice but to Break Her Brexit Red-Lines, Bloomberg, January 17, 2019
- Information Commissioner’s Office Issues Guidance on UK Data Protection Law in the Event of a “No-Deal” Brexit, Inside Privacy Blog, December 20, 2018
- Brexit’: Proposed Withdrawal Agreement Between the EU and the UK, Covington Alert, November 15, 2018
- Consultations on UK Medicines and Medical Devices Regulation in Case of a “No Deal” Brexit, Covington Alert, October 15, 2018
- UK Government Issues “No Deal” Brexit Notices for the Food & Beverage Sector, Global Policy Watch Blog, October 5, 2018
- Practice rights and the impact of Brexit: working in the EU, The Journal of the Law Society of Scotland, September 17, 2018
- UK’s Financial Conduct Authority gives guidance on future priorities, FinTech and Brexit, Cov Competition Blog, September 10, 2018
- British Irish Chamber calls for State supports to Brexit-proof Ireland’s agri-food sector, Irish Examiner, September 5, 2018
- Daily Politics, BBC Two, June 15, 2018
- Post-Brexit Border solution could take years, says former EU negotiator, The Irish Times, June 5, 2018
- Bloomberg Surveillance, Bloomberg, May 31, 2018
- POLITICO Brexit Pro briefing call — health care, Politico, May 31, 2018
- EU Policy Update for Q1 2018 – Budgets and Upcoming EU Elections, Steel and Aluminum Tariffs, a “Digital Tax” proposal, and Brexit, Global Policy Watch Blog, May 25, 2018
- US, Global Law Firms Look to Ireland for 'Brexit Insurance Policy', The American Lawyer, May 22, 2018
- Competing in Africa: China, the European Union, and the United States, Cov Africa Blog, May 10, 2018
- UK leader's position difficult if she agreed a deal close to EU customs union: Ex-lawmaker, CNBC, May 2, 2018
- BIA Head Attacks Rapporteur Reallocation, But Welcomes Further Clarity On Transition Period, The Pink Sheet, April 23, 2018
- The UK Government Seeks Views on the Regulation of Digital Markets for a Post-Brexit Great Britain, Covington Competition, April 19, 2018
- Beyond Brexit: Recognition and Enforcement of Judgments between the UK and the EU, International Comparative Legal Guide to: Enforcement of Foreign Judgments, 2018
- Transition period unlikely to threaten City of London, Global Risk Regulator, March 7, 2018
- Brexit Transition Deal Doesn't Remove Legal Risks For City, Law360, March 23, 2018
- UK And EMA Could Work Together Informally After Brexit, The Pink Sheet, March 15, 2018
- Elections and appointments in 2019: the EU institutional debate, Global Policy Watch Blog, February 22, 2018
- EU Notice To Stakeholders Is Accurate, But Misleading, Law360, February 14, 2018
- EU Policy Update, Global Policy Watch Blog, January 31, 2018
- Brexit Negotiations, Phase 2: Transition, Trade, and Trouble Ahead, Global Policy Watch Blog, January 31, 2018
- Brexit: Further Clarity on EU Nationals’ Rights to Remain in the UK?, Covington Alert, January 19, 2018
- English Jurisdiction As Effective As Ever: A Response to the European Commission's "Notice to Stakeholders," Covington Alert, January 17, 2018
- The UK’s CMA Consults on its Proposed Annual Plan 2018/19, Covington Competition Blog, January 9, 2018
- Lord Maude: Expect Theresa May to still be PM in 2019, CNBC, December 28, 2017
- Britain Gets OK To Start Negotiating Exit With European Union, NPR, December 15, 2017
- Brexit Summit, Sky News, December 15, 2017
- Maude Says May Is Vulnerable to Minor Rebellion on Brexit, Bloomberg, December 14, 2017
- The Brexit battle over food, Better Wholesaling, December 11, 2017
- The Brexit Negotiations: High Drama at Lunch, Global Policy Watch Blog, December 7, 2017
- Brexit: EU and UK battle over ‘an accession in reverse’, Financial Times, December 3, 2017
- English Jurisdiction As Effective As Ever: A Response to the European Commission's “Notice to Stakeholders,” Covington Alert, January 17, 2018
- Brexit Negotiations in October: Softened Stances, but no “Sufficient Progress,” Global Policy Watch Blog, October 27, 2017
- Brexit: limiting the damage, Global Policy Watch Blog, October 27, 2017
- Jeremy Corbyn ‘determined’ to drag UK into the past, lawmaker says, CNBC, September 28, 2017
- Beyond 100 Days, BBC, September 17, 2017
- POLITICO Brussels Playbook: UK Brexit 'fairy tale' —Theresa May's pink line — Italy's Northern League goes soft, Politico, August 24, 2017
- Arbitration panel proposed for post-Brexit dispute resolution, The Law Society Gazette, August 23, 2017
- Brexit position papers bow to the inevitable, The Law Society Gazette, August 23, 2017
- Theresa May’s position as PM cannot be secured: Lord Maude, CNBC, June 12, 2017
- Special Coverage: The U.K. Decides, Bloomberg, June 8, 2017
- Lord Maude: Theresa May needs to offer 'outward-looking Britain, Sky News, June 7, 2017
- UK Government Outlines Plan for Initial Continuation of EU Law in Post-Brexit UK Law, Covington Alert, March 30, 2017
- Brexit's Impact on Businesses, Bloomberg, March 29, 2017
- UK Triggers Brexit Process, Covington Alert, March 29, 2017
- Expect clear Brexit negotiating positions by the summer, CNBC’s Squawk Box, March 29, 2017
- UK Government Outlines Brexit Strategy in Official White Paper, Covington Alert, February 2, 2017
- UK Supreme Court Rules That UK Government Can Only Trigger Process of Withdrawal from EU with Parliamentary Legislation, Covington Alert, January 24, 2017
- Brexit Immigration Update, Covington Alert, January 18, 2017
- EU Policy Update, Global Policy Watch Blog, January 12, 2017
- Six Months After the Brexit Referendum: Preparations in Brussels, Global Policy Watch Blog, December 19, 2016
- High Court Rules That UK Government Does Not Have Power to Trigger Process of Withdrawal from EU Without Parliamentary Approval; Case Likely to Go to Supreme Court in December, Covington Alert, November 3, 2016
- Brexit: Love It or Hate It—The Contractual Aftershocks, Part 2, Covington Alert, October 17, 2016
- European defense strengthened after Brexit?, Global Policy Watch Blog, September 22, 2016
- Brexit: The Impact on Financial Services, Covington Alert, July 28, 2016
- Brexit: The Contractual Aftershocks, Covington Alert, July 21, 2016
- Brexit: Impact on Medical Devices Regulation and Structures Webinar, Webinar, July 13, 2016
- Impact of Brexit on EU Medical Devices Regulation and Structures, Covington Alert, July 11, 2016
- Brexit: The Impact on Environmental and Climate Change Compliance, Webinar, July 7, 2016,
- Brexit: Banking and Financial Services Regulation, Webinar, July 7, 2016
- One Week After the Brexit Referendum—The EU Reaction, Global Policy Watch, July 5, 2016
- Impact of Brexit on Food and Drink Regulations, Covington Alert, June 30, 2016
- Impact of Brexit on Pharmaceutical Regulation and Structures, Webinar, June 30, 2016
- Brexit: Employment Law Considerations, Covington Alert, June 29, 2016
- The Implications of Brexit, Webinar, June 29, 2016,
- Impact of Brexit on Pharmaceutical Regulations and Structures, Covington Alert, June 27, 2016
- UK Votes to Leave the EU, Covington Alert, June 24, 2016
Background
On June 23, 2016, the UK voted in an advisory referendum to leave the European Union. The impact of Brexit will depend on the form a post-Brexit UK will take, the common ground that emerges regarding the relationship that the UK seeks to have, and the relationship that the EU and the 27 remaining Member States will accept. So far, the UK Government has indicated it will leave the EU Single Market and seek a “comprehensive” free trade agreement with the EU. However, detailed framework for Brexit will not become clear for some time as it may take (at least) two years for the UK to negotiate its exit after it notifies the EU of its intention to leave, which it did on March 29, 2017, and it remains unclear whether the EU will be prepared to negotiate the new relationship in parallel with the exit negotiations.
Contacts
Our team will be following developments closely and is available to answer your questions. Please contact any of our Brexit Task Force leaders listed below.
March 2021
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
January 2021, Covington Guide
The EU-UK Trade and Cooperation Agreement (EUTCA) reached on December 24th is a wide-ranging and complex agreement. Our Brexit Task Force offers these "bite-sized" recordings to give a snapshot of what you need to know in each area. Though the EUTCA provides the overall architecture of the future relationship in a number of areas, much of the detail must still ...
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...