Are you a UK agency or brand running a promotion in Ireland? If so you may be transferring personal data of Irish entrants from an organisation Ireland to the UK and you will need to consider the impact of Brexit on this activity.

In summary, organisations which transfer personal data between Ireland the UK need to make preparations to ensure that personal data can continue to flow freely between organisations in Ireland and the UK in the event of no deal. However, the flow of personal data from the UK to EEA countries can continue without the need for action, as the UK Government has signalled its intention to continue current practice in the event of no deal.

Background

Under EU data protection law, personal data can be freely transferred between organisations within EEA countries without any specific measures. However, in the case of transfers of personal data to third countries – of which the UK will become one following Brexit – different rules apply under Part V of the GDPR.

One mechanism which facilitates the transfer of personal data to third countries is the EU Commission’s adequacy decision – in other words, where the EU Commission has recognised a data protection regime in a third country as being adequate and therefore further measures are not required to underpin the transfer of personal data. However, the EU Commission has confirmed that there will not be an adequacy decision in place in respect of the UK by the end of October 2019, meaning that in the event of a “no deal” Brexit, organisations must avail of one of the alternatives under Part V of the GDPR in order to transfer personal data to the UK following Brexit.

Part V of the GDPR permits personal data transfers to third countries provided appropriate safeguards are in place. The most commonly used mechanism which meets these requirements is the use of standard contractual clauses. These are model data protection clauses that have been approved by the European Commission and enable the free flow of personal data when embedded in a contract.

Impact of No Deal

Should the UK leave the EU without a deal, then following Brexit organisations which transfer personal data to the UK must do so in accordance with personal data transfers to third countries under Part V of the GDPR. While it is expected that an adequacy decision will be made by the EU Commission in due course in respect of the UK, pending such a decision organisations need to take steps to deal with personal data transfers in the event of no deal, most commonly via standard contractual clauses.

Comment

While the UK’s departure from the EU remains shrouded in uncertainty, the spectre of a “no deal” Brexit is an increasing possibility. In these circumstances, organisations should take note of the Irish Data Protection Commission’s guidance in this area which highlights one of the immediate impacts of a “no deal” Brexit. While the use of standard contractual clauses may be the solution for most organisations, in certain cases other transfer mechanisms permitted under Part V of the GDPR may be more appropriate. It is therefore vitally important that organisations which transfer personal data between the UK and Ireland address this issue as part of their contingency planning for Brexit.

By Laura Fannin, Partner, Hayes solicitors, Dublin

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Three UK has revealed it could save its customers £187 million* worth of mobile roaming charges if the law changes after Brexit. The announcement is part of the mobile network’s commitment to continue offering roaming benefits following new draft legislation announced this year. The claim “Deal or no deal, our customers will save £187 million in roaming charges. Vote Three” was seen displayed across a bus roaming the streets of London, ahead of the UK due to leave the European Union on 29th March.

In uncertain times, Three pledges to give certainty to its customers. This commitment comes due to the effect Brexit will have on British travellers to Europe, while roaming charges currently governed by EU rules and regulations, continues to be unclear. Prior to the EU Roaming Legislation announced in June 2017, mobile operators could apply excessive roaming charges for those using their phones whilst travelling within the EU. Three was the first network to allow its customers to roam at no extra change, back in 2013. Three’s Go Roam offering now allows its customers to use their phone in over 70 worldwide destinations at no extra cost. 

Dave Dyson, CEO at Three, said: “Three is the global leader in international roaming and now offers roaming at no extra cost for its customers in over 70 destinations including Brazil, Singapore, the US and Australia. We’re committed to eradicating excessive roaming charges and will retain this great customer benefit regardless of Brexit negotiations allowing our customers to continue using their usual allowances when they travel within the EU.”

Alice Beer at Consumer Champion, said: “The ambiguity of Brexit is currently part of everyday life and conversation, and at the moment we simply don’t know the exact impact it will have on the UK. Millions could be charged more to use their mobile phone so Three’s commitment to keep roaming free is a reassuring stance for consumers.”

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Poundland has today launched two new Brexit inspired passport covers just weeks before the 29^th March deadline, available in the classic EU burgundy red or a ‘Brexit Blue’.

The traditional red cover comes with a tag line of ‘Still Proud to Be European.’ On the other side of the fence, the blue passport cover is clearly labelled as Great Britain and Northern Ireland only.

With the politicians in a pickle, Poundland isn’t waiting to give its customers the chance to make a statement with their passport, whatever their position on Brexit.

Poundland expects sales statistics of the two passport covers to be the new referendum that gives an up-to-date snapshot into how the country feels about leaving the European Union.

The new passport covers are in Poundland’s travel range which includes flip flops, sunscreen and other travel essentials and will be available in store from 26^th February nationwide for £1.

Poundland’s Marketing Controller Mark Pym said: “Whether you’re a Europhile or a Europhobe, Poundland’s got you covered.”

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Channel 4 has unveiled its own ‘Brexit Bus’ this morning ahead of tonight’s airing of Brexit: The Uncivil War, a new drama starring Benedict Cumberbatch.

Styled to mimic the infamous Vote Leave campaign coach – the vehicle bears a new slogan – ‘Take back the remote control’. The campaign was designed and executed by creative agency Taylor Herring.

The promotional bus was unveiled in Westminster as part of a tour that takes in London, Manchester, Leeds, Birmingham, Nottingham, Leicester and Bristol.

To mark the launch of the new film, the broadcaster also commissioned an exclusive study into the national conversation about Brexit, and obtained data from Twitter revealing just how much it has dominated our thoughts since the referendum.

Research reveals that Brits can’t avoid Brexit, as we have over 92 million conversations about it every 24 hours, while the term ‘Brexit’ is heard more than 507 million times a day in the UK.

New figures from Twitter show there have been 180 million tweets globally mentioning Brexit since the beginning of January 2016 – but only two thirds of those have come from the UK.

Channel 4’s new film stars Benedict Cumberbatch as Leave campaign director Dominic Cummings, telling the new story of how the campaign ran behind the scenes.

Brexit: The Uncivil War airs on Channel 4 tonight, Monday 7^th January, 9pm

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The Advertising Association is today launching a new report, Advertising Pays: World Class Talent, World Class Advertising, and a campaign aimed at protecting the advertising and marketing industry post-Brexit by championing access to global talent and to celebrate the immense contribution of international talent to the UK.

The new report, in partnership with LinkedIn, reveals that a diverse international workforce is central to the UK’s position as a global advertising and marketing hub.

Analysis from a pool of 328,000 LinkedIn members who work in advertising and marketing in the UK gives detailed insights into how international talent plays a pivotal role in the UK’s creative success. It also demonstrates that the UK is a key source of talent for other advertising hubs worldwide.

With widespread uncertainty around talent moving to and from the UK post-Brexit, the Advertising Association is warning that the UK’s creative crown is in jeopardy.

The proportion of the current advertising and marketing workforce in London that has migrated here from abroad in the last 12 months is three times higher than the corresponding figure in New York; it is also higher than in Paris and Amsterdam. More than a third of this talent comes from within the EU, with many others arriving from the United States and Australia.

Unsurprisingly, London is a hub for advertising and marketing talent – in fact 6% of LinkedIn members in the London area work in the industry. However, despite London’s global reputation for advertising, more than half (57%) of the industry’s UK workforce is based outside of the capital. Manchester is the largest of the city hubs.

The UK also supplies a huge amount of talent to other international advertising hubs. The UK is the number one source of international advertising and marketing talent in New York, Paris and Amsterdam and has provided more than a third of recent migrants to Sydney’s advertising sector.

James Murphy, CEO of adam&eveDDB and Chairman of the Advertising Association says: “The UK ad industry is a world-leader because we’re open to the world. It will be catastrophic to the long-term success of the sector if we can’t access the right talent quickly and easily. Global brands want to work with the best talent and the UK has it. As an industry that delivers £120 billion of GDP per year for the country, anything that knocks advertising will dent the economy.”

Josh Graff, UK Country Manager at LinkedIn, adds: “I have experienced first-hand what makes the UK such a creative powerhouse – the people. We’re a wonderfully diverse and international workforce that enables brands and their agencies to create campaigns which resonate across international, cultural and socio-economic boundaries. I hope that this report, informed by LinkedIn‟s powerful data, can not only help employers make better decisions about their talent pipelines but that it will also inform policy makers and educators on what’s required to ensure the sector continues to thrive.”

Created by the Association in collaboration with agency adam&eveDDB, the ‘A Great Advert for Britain’ campaign is based on photo portraits of individuals from overseas working in advertising, with a message that they are ‘A Great Advert for Britain’.

The ads will appear on posters, online display advertising and in the press, in media space donated by media owners in support of the campaign.

Stephen Woodford, CEO of the Advertising Association says: “Our new report, informed by LinkedIn’s powerful dataset, highlights immigration as the most important area for Government support to maintain the UK’s position as the world’s leading global advertising hub and drive growth domestically. Our new campaign, ‘A Great Advert for Britain’, brings this important issue to life. We have been working closely with the relevant Government departments on measures to safeguard and promote UK advertising internationally, as well as stimulate further growth in the regions among SMEs. We will continue to make the case to Government for funding and support in these areas.”

Alongside its campaign, the Advertising Association has met with the Migration Advisory Committee, an influential non-departmental advisory body, to share the report findings to help inform plans for access to talent post-Brexit.

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The following comment was written by Graham Temple, former Chairman of the Institute of Promotional Marketing, and published on The Drum.

Whenever you come across an advert in the newspaper or the bus on the way to work for a new breakfast cereal, mobile phone or even a bed bought on finance, you can usually be assured that what you are reading in that advert is the truth.

In fact, anything termed as “general advertising”, on the most part, should be a fair reflection of the product or service being promoted. That is because of the highly regarded Advertising Standards Authority (ASA) which protects the consumer by ensuring that all “general” ads are legal, decent, honest and truthful.

And if, following its robust complaints investigation process, an ad does not comply with the Advertising Code then the advertiser will soon know about it. This will include the ruling being published online and a request for the advertiser to immediately withdraw the offending ad.

So if you happen to be lying on your new Sealy mattress while eating your Shreddies and talking into your Samsung s8, then you can rest assured, literally, that someone out there is looking after your best interests when it comes to information you are given before making a decision to purchase such items.

However, when it comes to political advertising you might be surprised to find out that the opposite is the case. No one is monitoring and regulating the claims and promises made in advertisements from those who wish to, or already, govern Britain.

And why is that such an issue? Well, the problem is that Frank, my postman, doesn’t know that. Like Ali, who works at the Tesco Express in my village, neither of them knew there were two types of advertising: one classified as “General” and the other as “Political”.

They are in good company. Until the European referendum last June, the general public, and I include myself in this, were almost totally unaware that this was the case. For Frank and Ali this is understandable, why would they know?

It wasn’t until the build up to Brexit at the start of last year that I became aware that this was the system. With more than 30 years’ experience in the marketing business, and at the time chairman of the Institute of Promotional Marketing (IPM), an industry body and part of the regulatory system, I remember wondering if I was the only experienced marketeer who didn’t know this fact. Feeling slightly baffled, I mentioned this during an IPM board meeting and discovered that I was certainly not alone as most of my colleagues were equally uninformed. I was both relieved and disappointed.

Relieved to discover I was not alone and disappointed that as guardians and protectors, admittedly working in a specialist non-advertising area of self-regulation, we were not aware of this anomaly. Simply put, more protection is afforded to the information you are provided when buying a soap powder than given to voters when selecting the next party to lead this country; or in the case of Brexit, whether to be part of the largest trading market on the planet.

Unfortunately, there was no authority or code of practice in place for verifying Vote Leave campaign’s claims to fund the NHS instead of sending £350m a week to the EU, the ‘Turkey is joining the EU’ poster nor the Treasury’s mailshot claiming UK families would be £4,300 a year worse off if Britain left the EU.

Without doubt political advertising should be regulated, but it probably is not possible for several reasons. Not least because the short time frame of any election campaign makes it likely that any investigation of claims could still be ongoing after the election has taken place. It would be a bit like disallowing the winning goal in the FA Cup final several weeks after the trophy was handed over, but with far greater implications.

But I believe that there is something that can be done very easily and done right now. All it needs is this: the addition of a simple disclaimer or health warning such as required for financial ads, “interest rates can go up as well as down”, or in the case of alcohol, “drink responsibly”.

To fix the problem, political adverts need to be transparent and let the voter know that the claims made in such ads have not been previously verified, because they haven’t. This would keep political parties on their toes and encourage the voter to be more vigilant before making potentially life changing choices.

I have a feeling that political parties are unlikely to willingly embrace this idea, why would they be? A metaphor involving turkeys voting for Christmas springs to mind. But it may well be time for us voters to ask for a change in law and perhaps the starting point is via a parliamentary petition. We can’t continue to vote for the future of this nation based on mistruths and lies and this small change would go a long way to at least making the public aware that not everything they see is fact.

If it’s good enough for Daz, then it should be good enough for Boris.

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UK marketers have revised their budgets up in the first three months of 2017, with significant growth recorded in internet and main media advertising categories, according to the latest IPA Bellwether Report published today.

The report, which has been conducted on a quarterly basis since Q1 2000, reveals a net balance of +11.8% of companies registering an increase to their budgets during Q1 2017, down only fractionally from Q4 2016’s net balance of +12.9%. (The net balance is calculated by subtracting the percentage reporting a downward revision from the percentage reporting an upward revision).

Carey Trevill, Managing Director of the Institute of Promotional Marketing (IPM), says: “The latest IPA Bellwether report reflects the increasing optimism and the release of marketing budgets that we in the promotional marketing sector are seeing at the end of the first quarter of 2017. Brand marketers have realised that holding back marketing plans is bad for long-term brand health.”

However, she warns: “The relatively small rise in the index for Sales Promotion does not cover the vast majority of what the promotional marketing industry delivers for brands and companies and fails to take into account the integration of promotional techniques across all marketing channels and the development of new areas such as experiential and shopper marketing.”

Trevill adds: “Promotional marketing – marketing which aims to change behaviour by offering the target audience an incentive or reward – is incredibly powerful, and now permeates almost all marketing communications, including online, mobile and direct.”

Paul Bainsfair, Director General of the Institute of Practitioners in Advertising (IPA), observes: “Once again the Bellwether shows that while the impact of Brexit remains uncertain, marketers are continuing to invest in marketing. Furthermore, despite the current, turbulent digital ecosphere, it is clear that marketers are attracted to the cost-effectiveness of digital advertising and its ability to reach and accurately target their consumers.”

The Bellwether reports that UK marketers have indicated a positive outlook for their 2017/18 budget plans, with a net balance of +26.1% of companies signalling growth in their total budgets for the coming year. While indicative of a marked degree of confidence, the report’s authors suggest, year ahead expectations continue to lag those seen prior to the start of the global financial crisis in 2008.

Budgets were raised across a broad-range of Bellwether categories, led by internet where growth picked up to the highest recorded in just under four years (net balance: +16.9%, from Q4 2016’s +12.1%). Within this category, marketing activities related to search/SEO rose to the greatest degree in over two years, as highlighted by the net balance improving to +15.1% (from +7.1% in the preceding quarter). Mobile-based advertising also picked up, with the net balance of +10.3% (Q4 2016: +3.9%) the highest recorded in the short three-quarter series history.

Main media advertising also enjoyed a strong upward revision to budgets during the first quarter of 2017. The respective net balance jumped to +10.7% during Q1, up from +5.1% in Q4 2016 and the best recorded by the survey for just under three years.

Elsewhere, direct marketing budgets increased to the greatest extent for two years following stagnation in the previous quarter (net balance: +5.3%, from 0.0%), while there was a noticeable slowdown in the events category. Latest data showed the respective net balance declined to +4.9%, from +12.3% in the previous quarter and the lowest reading recorded by the survey for over a year.

Other categories that registered an increase in marketing spend included sales promotions (+1.2%) and PR (+1.1%). However, ‘other’ (-4.5%) and market research (-9.9%) both recorded deteriorating budget positions relative to those at the end of 2016.

Latest data revealed an improvement in company financial prospects during the first quarter of 2017. With over 32% of the survey panel indicating positive financial prospects, compared to under 19% that indicated a fall, the respective net balance of +13.9% was up from +11.2% in the previous survey period and the best recorded in over a year. That said, the degree of confidence remains well down on those levels seen over the period 2013-2015.

With the UK economy showing considerably more resilience during the second half of 2016 than was generally envisaged by economic commentators, this momentum is now forecast to carry through into 2017.

Although GDP growth is expected to slow in the first quarter of the year, the economy seems to have sufficient momentum to grow at a solid pace in 2017 (the OBR are expecting a rise in GDP of 2.0%). The Bellwether therefore predicts that this will help lift adspend by 0.6% in real terms over the year as a whole (previous forecast: -0.7%).

Further out, Bellwether predicts a stagnation in adspend in 2018, before growth recovers in 2019 and 2020 to rates of 1.8% and 2.3% respectively. However, given the difficulties in trying to predict the effects on the economy of Brexit negotiations and subsequent UK departure from the EU in 2019, current forecasts remain especially uncertain.

The Bellwether Report is researched and published by Markit Economics on behalf of the IPA. First published on the 17th July 2000, it features original data drawn from a panel of around 300 UK marketing professionals and provides a key indicator of the health of the economy.

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Karen Bradley, Secretary of State for Culture, Media and Sport, has told the UK’s advertising and marketing communications professionals that the current Government considers its work to be one of the UK’s “major success stories” and also “vital for the success of the UK.” Speaking at the Advertising Association’s LEAD 2017 conference on January 26th 2017, she reassured her audience that advertising and marketing has the full support of the Government and encouraged the industry to make its voice heard in the process of planning Britain’s exit from the European Union.

Bradley went on: “I want to be clear that the government has never seen you as peripheral. Our aim is to forge new relationships while remaining open to international talent. But I’m conscious that UK advertising feels that certain aspects of EU wide co-operation have been helpful but also that certain legislation is harmful. I want to hear from you on the opportunities and limitations of success as we approach our negotiations. And as we engage in negotiations with the EU, the advertising industry can help us make the case by providing us with data and knowledge.”

Carey Trevill, Managing Director of the Institute of Promotional Marketing, was in the audience. She says: “We heard a speech designed to calm and support the marketers in the room. Bradley spelt out clearly the benefits of British advertising and the fact that the special position we hold as ‘best in the world’ positions the U.K. advertising and marketing industry as critical to a successful Brexit.”

According to the latest figures from the influential AA/WARC Advertising Expenditure survey, marketing spend grew 4.2% in the third quarter of 2016, following the UK’s vote to leave the EU. Recent research by advertising think tank Credos and consultants Deloitte shows that advertising contributed £120.4 billion to GDP in 2015, and supports over 550,000 jobs.

The Advertising Association used LEAD 2017 – which targets senior leadership in advertising and marketing agencies, media owners, brand owners and related sectors – as a platform to outline the priorities for the UK’s advertising and marketing industry for Brexit:

• Safeguard the UK’s competitive position as an important global and European hub for advertising and media businesses.
• Establish a workable and effective EU and global immigration policy to help UK advertising to continue to attract global talent, and address the skills shortage through education policy.
• Negotiate the UK’s position on various media and advertising-related EU rules and ensure as much market access as possible, through equivalence in UK law.
• Adopt a non-interventionist domestic regulatory approach to the advertising industry to provide market certainty and advertiser confidence and support its advertising self-regulation system through the ASA.
• In the longer term, consider what EU rules constitute red tape to be lifted after the UK has left the EU.

Stephen Woodford, Chief Executive Officer of the Advertising Association, comments: “Ad spend serves not just as an established bellwether for the wider economy, but is a driver of jobs and GDP growth, so negotiating the best possible terms for UK advertising should be a priority as Government engineers our exit from the EU.”

The IPM’s Trevill agrees. “With so much change hitting the world – let alone the industry – week after week, being central to the conversation with government is crucial.”

LEAD 2017 also focused attention on the London-centric nature of the UK advertising and marketing industry, with many speakers suggesting that marketers need to look beyond London to understand the wider business and, more importantly, the consumer view. Trevill comments: “The message was clear – the communications industry needs to burst the London-centric bubble we’ve been operating in for too long and engage with people across the length and breadth of the United Kingdom. I’d argue that the IPM is already doing that, with so many of our key members based in other regions of the country.”

As part of its commitment to engaging with its members outside London, the IPM will be attending the Prolific North Live Expo on February 15^th and 16^th at EventCity Manchester. The Expo is free to attend and the IPM is inviting members and non-members alike to drop by its stand (105). If you want to make an appointment, then please do so by email to Carey.trevill@theipm.org.uk.

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As we all let the views and opinions on the EU Referendum decision sink in, we have spoken to the IPM for their comments. As a key part of the self-regulatory process, the IPM is well placed to understand the industry impact of Brexit.

Graham Temple, Chairman of the IPM gives his reaction to the Brexit result that the UK has voted to leave the EU “With the decision to exit the EU this morning,  the promotional marketing community will be assessing how this will impact us, our members, our businesses and our brands. It is clear that once we have absorbed and rationalised  the initial news, we will start the process of looking at what happens next. With a potentially long process ahead, the IPM is engaged with our close working partners in the UK and Europe”

Temple goes on to praise the UK marketing industry “The UK boasts some of the most creative, problem solving minds on the planet and when it comes to promotional marketing, we have demonstrated for decades tenacity and versatility to overcome barriers that present themselves. Disruption provides the best growth opportunities and adaptability is key to the UK creative industry to staying on top – it’s in our DNA.”

On what will happen next, it is certain is that our industry bodies will be coming together with CAP and the ASA to look at our self-regulatory codes which have always been a demonstration of industry self-imposed control. The process will take time – two years at least. The steps to exit must be triggered by Article 50 of the Treaty of the European Union and with the news that Cameron will step down, this will now be passed to the next incoming Prime Minister to take this step.

With well reported European wide initiatives underway, such as the GDPR, the DMA have advised today that we must continue to respect the rights of EU citizens when trading in these markets. Promomarketing will report on developing implications of the exit once known. With comments from ISBA, IPA and other bodies all stating similar advice; its keep calm and carry on!

In a final word from the IPM, they advise contemplation “Now is the time for sound, rational thought about our future and the IPM will be working with our trade body partners to ensure a measured and cohesive approach is taken across the industry. What is clear is that the immediate action on how we regulate ourselves will be less dramatic as key changes will take time to work themselves through.”

The IPM issued guidance on how the CAP Code may be affected by an exit and we expect to see an update on this guidance shortly. Please contact the IPM’s advisory team should you require any further information about the immediate impact of Brexit on your campaigns on 020 7291 7730.

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As we approach Brexit – or Bremain – dependent on your view point, many questions are being raised about what happens to the Codes and regulations. As the body for promotional marketing engaged with protecting and promoting our industry , the IPM’s Managing Director Carey Trevill, explains what you need to know now.

The IPM has been in many conversations regarding the implications of an EU exit with its Members and whilst none of us can predict the future, it’s important to understand what and if there are implications for promotional marketing campaigns. As Members of CAP, the IPM is in a position to advise its Members of the Code implications should an exit happen.

Carey comments ‘In the rounds of discussions about ‘Brexit’ or ‘Bremain’, it’s important to understand what, if anything, might change for marketers. Following discussion at CAP, we feel its appropriate to set out some key ‘need to knows’ on regulations and would urge anyone with questions to come and talk to us’.

When does the Referendum take place?

On 23rd June this year the UK electorate will vote on whether to remain in or leave the European Union (‘Brexit’). The official campaign period started on 15th April and polls currently show very close figures for both outcomes.

What you need to know now

A vote to leave the EU will create a period of significant political uncertainty – however it’s not considered that this will cause immediate substantive shocks to the advertising self- and co-regulatory systems.

• In many places the Codes approximate or have regard to EU legislation but in the majority of cases these are EU Directives that have been transposed into UK law (e.g. CPRs). These would remain in place until / unless they were repealed. Regulations (for example the NHCR) are not implemented in UK law and would likely pose questions of justifiability, but would continue to have effect until the UK actually left the EU.
• Questions, concerns and lobbying activity are likely to build slowly over time. The main effect on CAP, BCAP and the ASA would likely be the resource and cost implications (particularly in regulatory policy and public affairs functions) of engaging with government departments, taking legal advice and answering internal and external queries related to ‘Brexit’.
• Marketers need not do anything differently at this stage and should look to maintain compliance with the Codes on an ongoing basis, irrespective of the outcome on 23 June.

As there is much uncertainty around what the exit process would look like overall and particularly whether negotiations about the UK’s relationship with EU post-exit can be dealt with concurrently or not.

What seems certain is that legislative time and the public debate during the exit period will be dominated by the exit process and renegotiation of bigger economic issues such as trade deals. For better or worse issues which affect advertising regulation are unlikely to be a priority.

What happens if you are working across Europe?

There are two types of European law: Directives and Regulations.

• Directives are required to be transposed by member states, so there is always a corresponding piece of UK legislation. In these instances the UK legislation would endure beyond a UK exit until or unless it was repealed by parliament.  However it may face challenges on the grounds of justifiability and whether any harmonisation required by the EU in its application should reasonably continue.
• Regulations apply across the EU by default and do not require domestic implementing measures. Although these would technically remain in effect in the UK until it left the EU, without any UK implementing legislation and with a diminished risk of censure at a European level marketers might begin to question the need to comply with them.
• The UK government has said that EU-originating legislation will “continue to be law until parliament decides otherwise”, however issues of the justifiability and enforcement of those laws are likely to arise before parliament is able to grapple with them.
• Both the CAP and BCAP Codes (and therefore the ASA in their enforcement) in places either approximate or have regard to various pieces of European law or the UK implementing legislation. Where CAP and BCAP’s rules have their roots in those laws they are likely to encounter similar issues.

If you’d like more information, please contact the IPM on 020 7291 7730 and speak to their Legal Team.

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