Carson McDowell has been monitoring the developments of Brexit since the referendum result in June 2016.

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2 Brexit Checklist Carson McDowell has been monitoring the developments of Brexit since the referendum result in June As at the date of writing, the UK is scheduled to leave the European Union against the background of two consecutive defeats for the proposed Withdrawal Agreement between the UK government and the European Union in the House of Commons. Uncertainty therefore persists and the time for the wait & see approach has passed, businesses should be stepping up preparations for all eventualities including addressing, insofar as possible, the implications of a no deal scenario. Our checklist has been prepared as a practical aid to assist our clients in this process. Whilst non-exhaustive in nature, it identifies what we believe to be the principal issues of concern across all sectors. With more experts in more practice areas than any other law firm in Northern Ireland, we believe we are best placed to assist you as you navigate through these challenging times. Please do not hesitate to contact us on brexit@carson-mcdowell.com or alternatively reach out to a member of our Brexit team, whose contact details are set out below. Yours Sincerely Richard Gray Partner and Brexit Lead March 2019

3 Issues Yes/No Risk Profile for Your Business Supply Chain Contracts and Procurement Existing contracts: Have you reviewed your existing supply chain contracts to determine whether there is any material exposure in the event of Brexit? Do any of your contracts purport to cover the Territory of the European Union and/or the European Economic Area? Is there any material exposure to currency fluctuations in your supply chain contracts? Are there any contracts for which the nature and extent of Brexit may trigger a right to terminate? Have you considered whether delays at borders could have an impact on any of the following: the timing of service level and/or delivery commitments to current customers? production cycles?

4 increased costs? the level of stock normally retained to meet demands? Have you given any contractual commitments that your products or services will comply with all applicable laws, and could Brexit have an impact on this? New Contracts: New contracts to be entered into prior to exit day Are you in process of negotiating or procuring any material contracts which may require some flexibility (such as a full BREXIT clause or at least a right of termination) in the event of Brexit related issues? Intellectual Property EU Registered Intellectual Property Do you have any EU registered intellectual property (such as trademarks and designs) that you rely upon currently within the UK that may be at risk upon the occurrence of Brexit?

5 Data Protection Cross Border Transfers of Personal Data (such as employees, individual customer details) Is your business involved in the transfer of personal data from the UK to the EU and/or from the EU to the UK? UK to EU: EU to UK: *As the UK Data Protection Act 2018 will remain in place and the EU (Withdrawal) Act 2019 purports to incorporate the General Data Protection Regulation into UK domestic law, transfers of data from the UK to the EU should continue to be permitted least in the short term as a matter of UK law. However, transfers from the EU into the UK may not be as straightforward and will be subject to an EU adequacy assessment process If your business is involved in the cross border transfer of personal data, do your privacy notices need to be updated to ensure that data subjects are adequately informed about the transfer of their personal data outside of the European Economic Area?

6 Do any of your contracts prohibit personal data transfers to entities based outside the European Economic Area or contain definitions in relation to personal data that should be amended to refer to the UK s post-brexit version of GDPR? Employees EU Employees: Do you employ EU nationals who are neither UK nor Irish citizens? Have you considered assisting your current EU employees to apply for Settled Status under the new EU Settlement Scheme (opening 21 January 2019)? /N/A Do your employees have to cross the border between Northern Ireland and the Republic of Ireland in the performance of their duties? Could a hard border affect this? Corporate Structuring EU Operations: Does your business have any operations in EU member states? Have you any concerns as to whether there are any structural changes that might

7 be required if the UK becomes a third country as a matter of EU law? If you operate an EU branch or subsidiary of a UK business, are you aware of any additional filing or information requirements that may arise as a result of the UK becoming a third country? Regulation & Consents Regulated Activity Is your business engaged in any activity that is regulated at an EU level?

8 Carson McDowell Contacts Contact Details Brexit Issues Richard Gray, Partner General Brexit Queries Telephone: +44 (0) Corporate Structuring Stuart Anderson, Associate Telephone: +44 (0) Dawn McKnight, Partner Supply Chain Contracts Telephone: +44 (0) Intellectual Property Rosanne Brennan, Associate Data Protection Telephone: +44 (0) Rachel Penny. Partner Telephone: +44 (0) Employees Kerry Teahan, Partner Procurement/Supply Chain Contracts Telephone: +44 (0) Regulatory Niamh Magee, Associate Telephone: +44 (0)

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