The End of the Commercial Agency Protections? UK Government Extends Consultation into Repealing Retained EU Commercial Agency Regulations

The UK Government has extended a consultation it launched in May on whether to repeal the Commercial Agents (Council Directive) Regulations 1993, an instrument of retained EU law granting additional rights to commercial agents. As suggested by the title, Smarter regulation: deregulating the Commercial Agents (Council Directive) Regulations 1993, the consultation is framed as an opportunity for the UK to harness its new-found regulatory freedoms following its exit from the European Union. 

Following the election on 4 July 2024, it will be interesting to see whether a new government will continue with reform of the Regulations. If, as some expect, the next government seeks closer regulatory alignment with the European Union, then it is likely that these proposals may be watered down, if not scrapped all together.

What rights do the Regulations provide? 

A commercial agent is defined as a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person. Notably, the Regulations do not apply to services, though software is…