Expert View: A Legal Perspective
Thomson Hayton Winkley support a range of tourism businesses across the south of the county. As well as offices in Kendal, Windermere, Grange and Kirkby Lonsdale, they have a specialist rural team, The Rural Law Practice at J36 Rural Auction Centre.
From a legal point of view, Commercial Solicitor Stuart Bailey says there are two main legal areas tourism operators should consider when it comes to Brexit:
Currently data can flow freely across the EU as long as companies comply with the UK’s tough new General Data Protection Regulations (GDPR) introduced in May 2018. If there is a ‘no deal’ the UK will be treated as an external country and there will be what’s called an ‘adequacy ruling’ in the longer term, to show that our data protection standards are up to scratch. (The European Commission has indicated that this won’t happen in a hurry).
In the meantime, there is no issue sending data to EU countries. However, tourism businesses that receive lists and contact details for organisations in the EU may need to take action.
For instance, if you receive data from a European tour company you will need to consider whether you have to comply with the new rules. Ideally you should review your contracts and where absent, include standard contractual clauses to ensure that you can continue to legally receive personal data from the EU and EEA (European Economic Area).
Employment of EU citizens:
Recent government legislation (October 2020) set out a number of changes to the Immigration Rules HERE, which provide the foundation for the UK’s new Points-Based Immigration System. The Skilled Worker Route will open for applications from December 2020
In order to recruit overseas workers through the Skilled Worker Route, you MUST register as a licensed sponsor HERE. Getting a licence normally takes around 8 weeks and fees do apply.
EU, EEA and Swiss nationals arriving in the UK on or before 31 December should not apply through the Points-Based Immigration System. They should instead apply to the EU Settlement Scheme HERE upon arriving in the UK.