Published on: 11 August 2020
At the end of 2020, the Brexit transition period will come to an end. It is imperative to take action to get ready for the new rules taking force in January 2021. The following bulletin by the Department for Business, Energy and Industrial Strategy provides the latest information for businesses. All information on the UK Transition can be found at www.gov.uk/transition.
The eCommerce Directive after the transition period
At the end of the transition period, the eCommerce Directive will no longer apply to the UK. Businesses should begin to prepare for these changes now.
The eCommerce Directive currently allows EEA online service providers to operate in any EEA country, while only following relevant rules in the country in which they are established. This framework will no longer apply to UK providers as the UK will have left the EEA.
The eCommerce Directive applies to ‘information society services’. These are defined as any service that is normally provided:
- for payment, including indirect payment such as advertising revenue
- ‘at a distance’ (where customers can use the service without the provider being present)
- by electronic means, and
- at the individual request of a recipient of the service
This covers the vast majority of online service providers, for example online retailers, search tools and social media platforms.
Details on what to do from 1 January 2021 can be found here.
All businesses will be affected by the UK leaving the EU, we urge all companies to sign up to get the latest government advice and guidance. Sign up here.