UK to lose EEA County of Origin eCommerce exemptions if there is a No Deal Brexit

January 10, 2019

UK-based Information society services will have to make sure they comply with the relevant rules in each EEA state if the UK exits the EU without a deal, according to a Government guidance note published today

In that scenario the UK will not be part of the EEA and so information society services established here “will lose their exemption from the laws falling within the Directive’s ‘coordinated field’ in EEA countries.”

While the note points out that many such providers will already comply with these requirements, the author’s emphasise that they should check the legal requirements in each EEA country where they operate and be aware of ongoing compliance should relevant regulation change.

Where a ‘prior authorisation’ scheme in an EEA country exists, providers should also be aware that they may become subject to a scheme as the UK would be deemed a ‘third country: currently EEA member states are exempt from any such regimes.

More generally the guidance states that the Government will seek to;

minimise disruption by prioritising continuity and stability. Therefore the UK’s policy approach will continue to align with the provisions contained in the Directive, including those on liability of intermediary service providers and general monitoring.

The full note can be found on the DCMS site here.