The UK-EU Deal: What does it mean for games?
Ukie’s policy and events officer Grace Shin explains the impact of the Brexit deal upon the games industry. From data to physical goods, freedom of movement to IP.
T
he Brexit transition period has now come to an end, and a trade agreement has been reached on the UK and EU’s future relationship. What does this mean for games, and how will the industry be affected? Here, Ukie provides an overview on the major areas impacting the games industry – from data flows, to changes to trade.
Grace Shin, Ukie
DATA FLOWS Continuing the flow of data between the UK and the EU is a major issue for our members. With the UK becoming what is known as a third country to the EU, there were concerns that the free flow of EU data into the UK would come to an end on January 1st 2021. As a data adequacy agreement was not included in part of the trade deal, a temporary bridging arrangement has been agreed in order to allow data to continue being transferred from the EU to the UK for four months, which may be extended up to six months. During this time, the EU has committed to completing its ongoing adequacy assessment. The UK Government remains confident an adequacy agreement will be reached within this time. However, it is still advised as a measure of contingency that games
companies put in place alternative measures such as standard contractual clauses before the end of the temporary bridging arrangement. This is because although achieving a data adequacy agreement is very much in the interest of both parties, and despite how data regulations between the two are currently broadly the same (GDPR is retained in domestic law after the end of the transition period and so the key principles, rights and obligations remain the same), the UK can expect more scrutiny by the EU in how it processes its data as it becomes a third country. PHYSICAL TRADE – CE MARKING If you currently manufacture goods for or distribute goods to the UK market with the CE marking, there are a few actions you must take. Products which previously required CE markings will need to carry the new UKCA marking for importation into Great Britain. However, please note that Northern Ireland will still require the CE marking. Products are allowed to carry both the UKCA and CE until there is divergence between the two; divergence is not expected to occur for the foreseeable future. Businesses should endeavour to phase in the UKCA marking as soon as possible. However, to allow
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