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December 10, 2020

Charity Essentials - Brexit Briefing

Charity Essentials - Brexit Briefing

Date updated:
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As we draw to the end of a tumultuous year, it has been easy to forget about the potential changes on the horizon caused by Brexit and focus very much on other issues. However, as the end of the transition period draws closer charities and social enterprises need to make sure they are prepared for those changes.  We have put together a comprehensive Brexit briefing for our charity and social enterprise clients and other interested parties.  With contributions from across our expert teams within the sector group here at Stone King, we hope that this will support you in understanding the impact that Brexit will have on our sector, what will change and what will stay the same, the preparations that organisations need to carry out and considerations for the future. 

I write this as the UK and EU are running out of time to agree a free trade deal before the end of the transition period.  We will continue to update you on any key developments, for example, in relation to data protection if the EU makes an ‘adequacy decision’ relating to the flow of personal data from the EEA to the UK (see the data protection article below), affecting the sector if or when an agreement is reached. Please do get in touch if we can support you with any Brexit related issues or preparations.  Please visit our website for further guidance.

However you have fared with the challenges of 2020, the Charity & Social Enterprise Sector Group at Stone King wish you all the best for 2021 and the new horizons that lie ahead.

Tim Rutherford.
Partner | Head of Charity & Social Enterprise Team

Structures and Funding

This section will look at charities and social enterprises generally – their structure and funding – and how that might be impacted by Brexit.

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Procurement, State Aid and General Competition law

Pre-Brexit UK Competition Law, has essentially been the EU Competition Law protecting the EU single market.

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Data Protection

The end of the transition period will bring about additional layers of complexity for UK organisations’ compliance with data protection law.

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IP & Commercial

After leaving the EU on 31 January 2020, the UK and the EU entered into a transition period which will expire on 31 December 2020.  During the transition period, the UK is treated as if it were still a member of the EU.

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Employment & HR

Every employer in the UK must comply with their obligations under employment law and remain aware of any important changes.

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Immigration

On 31 January 2020 the UK left the EU and entered a transition period, during this time the UK remains bound by EU law including the right of freedom of movement within the EU.

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Dispute Resolution

Assuming that there will be some form of ‘hard’ Brexit, the UK’s exit from the single market will likely have a significant impact on the operation of certain contracts.

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Property & Construction

Naturally, since most of the property law in England and Wales relates to property in England and Wales and originates from England and Wales, the impact of Brexit on property law is low.  Impact on the property market is a different matter, but we will leave commentary on that to the surveyors.

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Brexit: what you need to know

You can find our full list of Brexit information here. This includes any upcoming workshops & a link to our webinar library where you can re-watch useful videos from our Brexit day.

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