Brexit - The United Kingdom leaves the EU with a Withdrawal Agreement – consequences for employers

On 29 January 2020, the “Withdrawal Agreement” was approved by the European Parliament. Today, at midnight, the United Kingdom will officially leave the European Union.

The Withdrawal Agreement provides that EU law on free movement will continue to apply during the transitional period. This transitional period will in principle end on 31 December 2020, but may be extended for a maximum period of 2 years.

British nationals and their family members will be able to live and work in Belgium during this transitional period as before. Persons who legally reside in Belgium at the end of the transitional period (electronic E(+) or F(+) card) will retain their right of residence and the right to work in Belgium as employed or self-employed persons even after the end of the transitional period. British nationals and their family members may be required to exchange their residence document for a “Withdrawal Agreement” residence document. According to the website of the Immigration Office, such British nationals do not need to take any action themselves: they will be invited to report to their municipality. This will have to be followed up.

In addition, the Withdrawal Agreement ensures that everything remains as it was with regard to social security. The current European coordination rules will continue to apply during the transitional period. Even after the transitional period, these rules will continue to apply as long as the situation in which the person concerned finds himself (such as a secondment or simultaneous employment) does not change.

What about the protection of personal data?

During the transition period, personal data can still be transferred to the United Kingdom as if it were a country of the European Economic Area. After the transition period - unless a new agreement is concluded with the EU - the United Kingdom will be considered as a third country in the sense of the General Data Protection Regulation (GDPR). The transfer of personal data will in that case only be possible in the cases listed by the GDPR. The European Commission can for instance still make transfers possible by making an adequacy decision. Should this not happen, companies must, in principle, provide appropriate safeguards regarding the protection of personal data in another way.

The regulatory framework that will apply to situations beyond the transitional period remains to be negotiated between the EU and the UK.

Action point

The Withdrawal Agreement ensures in the first place the status quo until the end of the transitional period (currently 31 December 2020). However, British citizens and their family members have every interest in residing in Belgium before the end of the transitional period and to be in possession of an electronic E(+) card or F(+) card respectively in order to safeguard their rights after the transitional period.