Britain & The European Union: Brexit Resource Centre

Paul Ranson examines how the UK Biopharma sector must now adapt to a changing landscape following the UK’s vote to leave the EU.

Recent immigration updates include additions to the shortage occupation list in the United Kingdom, a pilot scheme to facilitate employment pass applications for tech companies in Singapore, and a new work visa category in Japan for graduates of Japanese universities.

The European Court of Justice (ECJ) ruled on 14 May in Federacion de Servicios de Comisiones Obreras v Deutsche Bank SAE, which called into question the validity of member states’ implementation of the European Union’s Working Time Directive (the Directive). The decision raises serious doubts as to the United Kingdom’s own compliance with the Directive.

Welcome to the Q1 2019 issue of our Life Sciences International Review. This issue covers life sciences developments in the areas of intellectual property, regulatory, pricing and reimbursement, international trade, litigation, and competition that are of particular importance across Europe, Asia, and the United States. It also provides some of the latest information on Brexit.

With the current UK withdrawal agreement voted down again, a possible Brexit extension is on the horizon. In addition, the UK Home Office has updated the immigration rules with two new startup and innovator categories, and increased fees for immigration and nationality applications. The EU has announced a pre-travel authorization system, and Ireland will grant spouses of critical skills permit holders the right to work.

The UK government has published a policy paper setting out proposals for European Economic Area (EEA) and Swiss nationals if the United Kingdom and European Union do not reach a withdrawal agreement by March 29, 2019.

This Financial Markets Law Committee report co-authored by partner Pulina Whitaker focuses on issues of legal uncertainty potentially hindering the continuation of the lawful flow of personal data between the UK, the European Economic Area and/or Third Countries following Brexit, as well as on the framework and mechanics for supervision and enforcement of the data protection regimes post-Brexit.

As part of its preparations for a potential “no deal” scenario when the United Kingdom (UK) leaves the European Union (EU) on 29 March 2019, the UK Department for Digital, Culture, Media and Sport (DDCMS) has released guidance on “Data protection if there’s no Brexit deal”.

The UK government has published a Statement of Intent on how the EU Settlement Scheme will work for European Union nationals and their families to secure long-term status in the United Kingdom after its withdrawal from the European Union. EU nationals should take note of the application process to secure “settled status”, and employers should consider taking steps to ensure a smooth transition for their EU national employees when the UK leaves the EU.

As part of Brexit negotiations, the European Union and the United Kingdom have now agreed in principle to a transition period during which the free movement of EU workers will continue; EU workers must complete a registration process within three months of their arrival in the United Kingdom. Among other immigration updates, the UK government has proposed increases to certain application fees, and Croatian nationals will no longer face restricted access to the UK labour market.

Welcome to the latest issue of our International Life Sciences Review, produced by our life sciences lawyers in the US, Europe and Asia and covering some of the most critical developments in the pharmaceutical and medical technology sectors in the last month. If you have questions on any of these topics, please contact please contact Paul Ranson.

Employers should audit the immigration status of their workforce, review long-term recruitment, and take a number of other steps to manage risks and ensure a smooth transition into a post-Brexit world.

Aware of the risks of regulatory arbitrage developing post-Brexit, a key feature of the Commission’s proposals allows ESAs to monitor the practices of EU27 regulators.

The European Securities and Markets Authority foresees regulatory and arbitrage risks in Brexit and has issued an opinion as a practical tool to help achieve supervisory convergence among EU regulators—Brexit negotiations begin on June 19, and Brexit is scheduled to occur on or before March 30, 2019 unless an extension is agreed.

The UK’s data protection laws are derived from EU legislation, such as the Data Protection Act 1998 (“DPA”) and the Privacy and Electronic Communications Regulations which implement European Directives.

Our goal with this article is to provide asset managers with the current state of Brexit so that they can continue to assess its potential impact on their businesses.

While the swirl of day-by-day posturing, partisan commentary, and reluctance of the UK and EU authorities to reveal their negotiating hands make it challenging to discern probable routes forward and plan accordingly, there is no reason why even a "hard Brexit" cannot encompass access to the single market for financial services companies.

It may come as no surprise that a pre-referendum ‘Brexit” poll conducted by the UK Pharmaceutical Directors Club of senior management within the UK pharmaceutical industry resulted in a vast majority in favour of “Remain” with local management and head offices concerned about the possibility of the UK exiting the European Union (EU) and negative implications for their businesses.

It may come as no surprise that a pre-referendum ‘Brexit” poll conducted by the UK Pharmaceutical Directors Club of senior management within the UK pharmaceutical industry resulted in a vast majority in favour of “Remain” with local management and head offices concerned about the possibility of the UK exiting the European Union (EU) and negative implications for their businesses.

The new regime shares the same aims as its predecessor—to ensure the integrity of EU financial markets and enhance investor confidence—and keeps pace with market developments such as new trading platforms, new technology, and the upcoming overhaul of market regulation under MIFID II due early 2018.

Much attention has focused on access to the EU single market requiring acceptance of free movement of people but, in two important areas of the financial services sector, this is not the case. Simon Currie, author.

Although no changes will affect competition law and enforcement in the immediate future, the long-term implications of Brexit depend on the relationship between the United Kingdom and the European Union.

Does the United Kingdom’s vote to leave the European Union change the United Kingdom’s attractiveness as a holding company jurisdiction?

While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection and filing decisions in Europe.

With the referendum for Britain potentially leaving the European Union (“Brexit”) fast approaching on 23 June 2016, a “leave” vote could have far-reaching consequences for commercial litigation in the courts of England and Wales.

UK Prime Minister David Cameron has announced a referendum on whether Britain should remain in the EU to be held on Thursday 23 June 2016. As the ‘in’ and ‘out’ sides marshal their arguments, businesses and in particular the life sciences sector are giving thought to what would happen if the UK chose to leave the EU.

Should Britain decide to leave both the EU and EEA as a result of a “Brexit” vote on 23 June 2016, the impact on UK and EU financial services firms could be significant.

The potential that Britain will exit the European Union (“Brexit”) after an upcoming referendum on June 23 raises issues for employers.