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09 June 2016
Issue: 7702 / Categories: Legal News , Brexit
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Planning for Brexit

Lawyers prepare for referendum vote on 23 June

Lawyers are focused on the implications of Brexit, with two weeks left before the UK goes to the polls.

Larger firms have created Brexit teams and issued briefings to advise clients on the consequences of leaving the UK.

Berwin Leighton Paisner, for example, is advising its clients to ensure contracts are “future-proofed” to provide for the implications of a Brexit, and to plan for negative consequences and opportunities.

One major repercussion for businesses would be the impact on data privacy. These are “tumultuous” times for businesses that need to transfer electronic data, according to Lauren Grest, legal researcher, Kroll Ontrack, and Mark Surguy, partner at Weightmans. The proposed EU-US Privacy Shield—the replacement for the Safe Harbor agreement—is still being debated, while the General Data Protection Regulation (GDPR) is due to take effect in 2018.

Writing in NLJ this week, Grest and Surguy spell out the key questions: what legislative regime would govern the UK, and how would the UK do business with the EU if the UK does not have to comply with the GDPR?

While it would be a relief for many businesses not to have to comply with the “onerous” GDPR, which requires companies to nominate a compliance officer, they would discover a “whole new web of red tape” once new agreements were negotiated. The UK would have to be declared a “safe area” therefore comply with GDPR requirements. It could end up in the same boat as the US, which is still struggling to negotiate the EU-US Privacy Shield. The combined power of 27 countries “has formidable leverage in negotiations”, Grest and Surguy say, and a post-Brexit UK could end up subject to GDPR just as much as if it had never left.

Issue: 7702 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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