How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

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Produced in partnership with Eleonor Duhs of Bates Wells and Louise Laing of Brodies LLP , Fieldfisher Counsel for EU and International Law, House of Commons

Published on: 12 January 2021

This answer refers to the provisions for implementation of the EU-UK Trade and Cooperation agreement (TCA), and associated agreements, under Part 3 of the European Union (Future Relationship) Act 2020 (EU(FR)A 2020), which entered into force on ip completion day.

Background to the EU-UK Trade and Cooperation Agreement

The UK and EU announced an agreement in principle on the legal terms of their future relationship on 24 December 2020. The text of the TCA and associated agreements were published in draft on 26 December 2020. For background reading, see:

•
brexit Bulletin—UK and EU announce new Trade and Cooperation Agreement, LNB News 24/12/2020 76
•
Brexit Bulletin—Draft EU-UK Trade and Cooperation Agreement published, LNB News 28/12/2020 12

It was agreed that the TCA would be provisionally applied from 1 January 2021, provided that both parties completed the necessary internal requirements

Eleonor Duhs

Partner and Head of Data & Privacy, Bates Wells

Eleonor specialises in privacy and information law. She was the UK Government’s lead lawyer in EU negotiations on the GDPR.

She has extensive, in-depth knowledge of the GDPR. She represented the UK in meetings in Brussels, drafted text for inclusion in the legislation, and worked with the European Commission, representatives from other EU Member States, regulators and stakeholders to develop the regime.

She also has extensive experience of advising the UK Government on data protection and information law issues, including compliance and risk in high profile projects.

She advises clients from central government, public bodies, financial institutions, retail companies, property management firms, IT service providers and MedTech companies on privacy law issues including tracking or monitoring of data subjects, collection, use and retention of personal data, data sharing, international data transfers, and the impact of Brexit on data protection.

As a senior government lawyer Eleonor gained extensive experience of public and EU law. In addition to her work on data protection and information law in the Ministry of Justice she worked in the Department for Exiting the European Union where she led on aspects of the European Union (Withdrawal) Act 2018, the Withdrawal Agreement and the framework for the future UK-EU relationship.

Eleonor was the Foreign and Commonwealth Office’s lead lawyer on the European Union (Referendum) Act 2015. She has also represented the UK at the United Nations Human Rights Council in Geneva.

Louise Laing

Solicitor, Brodies LLP

Louise is a Senior Associate in the Restructuring and Insolvency team at Brodies LLP. She has extensive experience in corporate restructuring and insolvency work, having specialised in the area for over 15 years (including a secondment to a financial institution).

Louise has been involved in a number of high-profile formal insolvency appointments and multi-jurisdictional cases. She regularly advises insolvency practitioners on a wide range of insolvency issues in administrations, liquidations and receiverships and has acted for a number of administrators in achieving objective one: rescuing the company as a going concern.

Louise has particular experience of advising banks and other lenders in relation to security enhancement and enforcement and formal insolvency strategies and appointments. She also has experience in relation to loan and security acquisition transactions and enforcement following on therefrom.

Louise also advises corporates and directors in times of financial difficulty and acts for clients requiring advice in relation to the insolvency of third parties.

Jurisdiction(s):

United Kingdom

Key definition:

Agreement definition

What does Agreement mean?

Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.

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