Nerves of steel or brains of straw – the ongoing Brexit negotiations between the UK and the EU continue to result in simple uncertainty. But what is becoming clearer is that post-Brexit UK agents entering into agency agreements governed by the law of an EU 27 member state may not be entitled to the rights and benefits to which they have previously become accustomed.

By way of example, the German law which implements the provisions of the EU Agents Directive permits a principal to choose to disapply the rights of an agent outside the EU to the post-termination indemnity to which the agent would otherwise be entitled. Come 30 March 2019, a UK agent will be outside the EU.

To add to the uncertainty, what is clear is that there is not uniformity on this point throughout the EU 27!

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