However, a no-deal Brexit is by no means certain. An emergency ruling regarding Mr Johnson’s prorogation of Parliament is being sought from the English courts and an appeal is being mooted in the Scottish courts. Even if neither results in a successful interdiction, the possibility of an extension of the current Article 50 deadline being mandated by the UK Parliament remains a possibility. Mr Johnson may also succeed in agreeing revised terms for the UK’s withdrawal from the EU with the EU and passing this through Parliament; in such a case, the UK will likely remain subject to EU law for a transitional period of several years following Brexit.
It is therefore important to keep one eye firmly on new EU legislation coming down the line as part of the EU’s digital single market (DSM) strategy, announced in May 2015, comprising a number of directives and regulations aimed at improving access for customers and businesses to digital goods and services EU-wide, creating an environment of innovation, and maximising the growth of the digital economy. Some directives and regulations are already in effect, such as the Portability Regulation, but many will need to be implemented within the next two years – such as the revised Audiovisual Media Services (AVMS) Directive (covered below) and the revised Cable and Satellite, or “Cabsat”, Directive (covered in a previous alert). Other directives and regulations are currently being drafted and negotiated, such as the proposed Digital Services Act.
In this two-part client alert, we provide an overview of some of the key DSM strategy directives and regulations which the UK may well need to transpose, depending on the outcome of the Brexit process. Part 1 covers the revised AVMS Directive and one of the less-discussed articles of the Copyright Directive: Article 20, concerning the remuneration of authors and performers.