Brexit is the legal withdrawal of the United Kingdom from the European Union, completed on 31 January 2020, with a transition period until 31 December 2020. Since 1 January 2021, the UK has been considered a third country for EU purposes. In our practice, we still see contracts between Dutch entrepreneurs and British parties that have not been updated. As a result, choice-of-law, choice-of-forum, and enforcement rights do not function as before.
What is the legal problem?
Choice of law remains possible but functions differently. Brussels I-bis (Regulation (EU) 1215/2012) no longer applies in the UK. Since 2021, the recognition and enforcement of British judgments in the EU no longer proceed automatically. New regimes apply to customs, product rules, VAT, and privacy. Anyone using an old contract risks the agreed enforcement route effectively no longer working.
What does the law say?
The EU-UK Trade and Cooperation Agreement (TCA, 2020) governs many commercial matters but not civil cooperation. The UK continues to apply Rome I (Regulation 593/2008) as retained law. Brussels I-bis has been replaced. As of 1 July 2025, the UK acceded to the Hague Convention on Judgments 2019, which simplifies the recognition of judgments based on exclusive forum selection. The Hague Convention on Forum Selection 2005 has been in force since 2021.
Regarding sanctions, the UK Sanctions and Anti-Money Laundering Act 2018 applies since Brexit, parallel to EU sanctions (Regulation 833/2014). For data, the EU Adequacy Decision (June 2021) applies until at least 2026.
What risks do companies face?
Existing forum selection clauses for British courts are no longer automatically recognized in the EU. Enforcement of British judgments is slower. British terms and conditions may conflict with EU rules regarding notification and consumer law. Customs and product regulations require adjustment of delivery terms. Privacy requirements under GDPR and the UK Data Protection Act 2018 call for additional safeguards during data transfers.
Practical example from our practice
We advised a Dutch exporter on installations for a British client based on a 2019 contract with a forum selection clause for the English High Court. In the event of a dispute, the client obtained an English judgment. Enforcement in the Netherlands took place via a new procedure under Article 431 of the Dutch Code of Civil Procedure — considerably slower than under Brussels I-bis. For contract renewal, we opted for NAI arbitration in The Hague under Dutch law, with international enforceability via the 1958 New York Convention.
What can you do?
Update all British contracts regarding choice of law, choice of forum, and dispute settlement. Consider arbitration for maximum international enforceability. Adapt delivery terms to customs and product regulations. Assess data transfers for AVG and UK GDPR requirements. For ongoing relationships: incorporate sanction clauses. Have ongoing contracts reviewed by an international commercial law attorney. See also our article on English law or Dutch law: which do you choose?