Law Changes

What law changes might come into effect post-Brexit?

Following departure from the European Union and absent any agreement to the contrary in a given area of law, all European Union primary and secondary law will cease to apply to the United Kingdom from 00:00h (CET) on the withdrawal date. The United Kingdom will no longer be legally obligated to enact its laws in keeping with European Union generated legislation. Accordingly, over time, it could reasonably be anticipated that applicable laws in the United Kingdom may begin to diverge from those in European Union Member States such as Ireland.

For existing European Union Regulations to which the United Kingdom is currently subject (e.g. the General Data Protection Regulation), the United Kingdom will be classed as a “third country” following its departure from the European Union (a “third country” refers to a country which is not a Member State of the European Union). The United Kingdom’s status as a third country could change the current position in many areas including for example, recognition in the European Union of professional qualifications obtained in the United Kingdom, where a process of recognition for that qualification has not been completed prior to the expiry of the transition period following the United Kingdom’s departure from the European Union.

Will Brexit lead to export controls?

The Department of Business, Enterprise and Innovation has issued guidance on export control of dual-use goods which is published at https://dbei.gov.ie/en/What-We-Do/Trade-Investment/Export-Licences/Exporter-Notifications/.

In order to facilitate companies exporting to the United Kingdom in the event of a “no deal Brexit”, the European Commission has produced a Draft Regulation, whereby, the United Kingdom would be added to the list of countries which are subject to a Union General Export Authorisation (UGEA), category 001.

In the event of any delay in the European Union approval process being likely or possible, the Department of Business, Enterprise and Innovation has indicated that it will introduce a national measure equivalent to a UGEA.

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