Ethiqs provides legal support and services with a special focus on business, technology, and IT law. With the end of the Brexit transition period fast approaching, they share the top five questions businesses should be asking themselves right now in order to be prepared for the end of the transition period, January 1 next year.
It feels like Brexit-centred news coverage was a lifetime ago, but with the end of the transition period fast approaching, there are several things you’ll need to consider as a tech and IT company.
Do you provide online services to the EU?
Right now, if you’re a UK business you only need to comply with UK rules and regulations. But from the January 1, 2021, you’ll need to comply with the rules in each EU country you operate in.
Do you process personal data?
GDPR, which determines how you process personal data, is a regulation in EU law, and right now the ICO is your go-to authority on GDPR. However, if your services are used by customers in the European Economic Area (EAA), from January 1 you’ll need an EU-based protection regulatory body to be your new point of contact for things like who to report a data breach to. The UK Government website has great guidelines on this. Try Googling ‘Using personal data in your business or other organisation after the transition period’ and it should come up. Also make sure you review all your privacy documentation, like your data protection and
Are any of your employees UK nationals who live in the EU?
Remote working is one of the tech sector’s most loved perks. If you have any team members who live in the EU, from January 1, 2021 they will need to abide by the immigration rules of the EU country they work in. This might mean that they’ll need a work permit or visa. Be sure to check in with them so that they can check with their local authority on what the requirements are.
Do recruit employees from the EEA?
Broadening the scope of the talent pool often means hiring people from Europe, but from January 1, 2021 EEA and Swiss nationals will need a working visa to move to the UK. Working visas will only be available to individuals who can show they have a job offer from an approved sponsor. Make sure you’ve updated your recruitment processes and policies as well as applied for a sponsor licence via the Government’s online application.
And lastly, have you entered into commercial contracts with other businesses that are involved in the EU?
This is a biggie, as your contracts are the legal foundation of your business. Review your contracts and update them as required. Areas to pay close attention to include a change in tax charges or if your business will be responsible for additional compliance. If you’re unsure of how Brexit will affect your business we’re here to help. Based in Milton Keynes, Ethiqs is a team of experts with a knack for all the legal complexities technology and IT companies face: from SaaS terms to licensing agreements. Our 18 years plus in the sector have also meant we’ve got to know a talented network of professionals who can help with other specialised areas such as patents and intellectual
* The information and opinions above are not intended as any form of legal advice and should not be relied on instead of getting advice from a legal professional for your specific circumstances. It is for informational purposes and may not address your particular individual requirements