Skip to main content

Insight article

June 21, 2021

Key English commercial law differences post-Brexit

The UK government and European Commission signed The EU-UK Trade and Cooperation Agreement on 30 December 2020. Here, Evangelos Kyveris, summarises areas of English commercial law that have been immediately affected.

Advertising and marketing

It seems likely that UK rules on advertising and marketing will diverge from those applicable in the EU. This means that businesses cannot assume that what is legal in the UK is legal in EU member states – and vice versa. Businesses must also seek legal advice locally and potentially run different campaigns for EU member states and the UK.

Agency

Important aspects of English agency law and practice are derived from the EU and particularly The Commercial Agents (Council Directive) Regulations. These Regulations offer commercial agents certain rights beyond those implied under the common law of England and Wales. These Regulations will remain in force now the transition period is over but may be withdrawn in the long term.

Competition

EU competition law rules are set out in two main prohibitions in The Treaty on the Functioning of the European Union:

  1. Article 101(1): Arrangements that prevent, restrict or distort competition in the EU; and
  2. Article 102: Conduct that is abusive by any undertaking (or undertakings collectively) with a dominant position in the market.

These Articles continue to apply to UK companies that operate within the EU, meaning these companies now need to comply both with EU competition law and applicable domestic law. Furthermore, UK companies active within the EU might potentially become subject to parallel proceedings in respect of allegedly anti-competitive behaviour that impacts both the UK and EU.

As the application of EU and English competition laws develop, some divergence between EU and English competition law may be expected.

“UK companies active within the EU might potentially become subject to parallel proceedings in respect of allegedly anti-competitive behaviour that impacts both the UK and EU.” Evangelos Kyveris

Distribution

Distributors who sell UK products on the EU market are now subject to importers’ obligations, which are set out in the European Commission’s Blue Guide on EU product rules. Similarly, UK distributors who import goods from the EU for distribution in the UK need to be aware of their obligations as importers.

E-commerce

Following Brexit, the UK ceased to benefit from the so-called EU ‘country of origin’ principle. This principle allows online services to be provided across EU member states subject to compliance with the laws of the service provider’s country of origin. According to guidance published by the UK government, online providers should now review the legal requirements in the relevant EEA countries they operate in and ensure that they have processes in place to monitor ongoing compliance if requirements in EEA countries change.

Product liability and safety

Brexit has caused the following changes to the UK’s product liability and safety regime:

  1. The UK no longer falls within the EU product compliance regime. This has had an impact on the status of the economic operators and which entity is deemed the ‘manufacturer’, ‘importer’ or ‘distributor’ in a supply chain that involves the UK.
  2. The EU CE marking system has been replaced by the UKCA (‘UK Conformity Assessed’) marking.
  3. There is no longer a requirement for UK authorities to notify EU authorities (or vice versa) about product safety issues via the Rapid Alert System (RAPEX or Safety Gate). The UK government has established a UK-wide replacement Product Safety Database instead.

It’s complex! Contact corporate lawyer Evangelos Kyveris today to ‘health check’ your business procedures and contracts today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more
  • Can you make a WhatsApp will?
    Key legal requirements and future outlook.


    Read more
  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more
Send this to a friend