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You are at:Home»Legal»Legal and regulatory changes SMEs should prepare for in 2026

Legal and regulatory changes SMEs should prepare for in 2026

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Posted By sme-admin on December 22, 2025 Legal

Article by SME-focused law firm Harper James

2026 is set to be a busy year for UK SMEs, bringing some of the most significant legal and regulatory shifts in recent times – including tighter payment rules, new transparency standards and digital-first tax and reporting reforms.

For many businesses, that means adjusting quickly to stay compliant and competitive. But it also offers a chance to refine how you work, strengthen your foundations, and build deeper trust with customers and partners. Change can be challenging, but it can also be the spark for progress.

Below, we’ve rounded up the key changes every SME should know about, and whether you need to act now, plan ahead, or simply keep watch as 2026 unfolds.

Act now: Late payments and cashflow protection

Small businesses continue to face long waits for payment. New rules tighten maximum payment terms from 60 days to 45 days and give the Small Business Commissioner stronger enforcement powers.

What to do now

  • Review your contracts and standard payment terms.
  • Update internal controls so you can track performance and show compliance.
  • Make sure senior leaders have clear oversight of payment behaviour.

Clearer payment systems reduce disputes and protect cashflow, but they may also require tougher conversations with customers who rely on longer terms.

Act now: Digital tax reporting (MTD for Income Tax)

From April 2026, self-employed individuals and landlords earning over £50,000 must keep digital records and file tax updates quarterly.

What to do now

  • Move to recognised accounting software and test it early.
  • Train your team on digital submission requirements.
  • Consider adopting the system ahead of time if your income is close to the threshold.

Digital systems can help SMEs gain better visibility over their finances, but the shift requires upfront planning.

Act now: Corporate transparency and Companies House reforms

The Economic Crime and Corporate Transparency Act introduces tougher identity checks for directors and Persons of Significant Control. Only authorised agents will be allowed to file company information.

What to do now

  • Collect ID for directors and PSCs.
  • Review your company structure, especially if non-UK entities are involved.
  • Update governance records so filings are accurate and ready for verification.

These reforms aim to build trust in UK companies, but they may add extra steps to routine filings.

Act now: Digital, consumer and online safety rules

The Digital Markets, Competition and Consumers Act strengthens rules around subscriptions, hidden fees and online reviews. The Online Safety Act increases responsibility for hosting harmful or illegal content.

What to do now

  • Review subscription renewal and cancellation processes.
  • Update your website terms and customer communications.
  • Check whether your platform, marketplace or forum falls within online safety requirements.

These changes protect consumers but may require updates to customer journeys and digital platforms.

Keep watch: Employment law updates

The new Employment Rights Bill is expected in 2026. Likely reforms include default flexible working, clearer shift patterns and enhanced leave rights for carers and families.

What to do now

  • Start reviewing HR policies and templates.
  • Consider how flexible and predictable working might impact resourcing and scheduling.

Most changes aim to improve work-life balance but may bring cost or staffing implications.

Act now and keep watch: Data protection, cyber and AI governance

With the previous data bill withdrawn, attention is shifting to the Data (Use and Access) Act and wider UK–EU digital reforms. Businesses using digital verification tools, connected devices or AI systems will see new expectations.

What to do now

  • Strengthen data governance programmes.
  • Refresh cyber processes using the latest NCSC and ICO guidance.
  • Review how you use AI, including training data and transparency.

UK rules should remain broadly compatible with EU frameworks, but SMEs handling EU data should monitor adequacy decisions and cross-border transfer requirements.

Keep watch: Employee share schemes

HMRC plans to simplify Enterprise Management Incentives (EMI) rules from 2026, potentially expanding who can benefit and easing some restrictions.

What to do now

  • Review your current EMI plans.
  • Identify areas where new rules may offer greater flexibility.
  • Prepare for documentation updates once changes are confirmed.

This may widen access to employee incentives but could also require re-valuations and revised plan rules.

Act now and plan ahead: Commercial property and sustainability

Tighter energy-efficiency standards are on the way, with many non-domestic properties expected to reach EPC B ratings by 2030 and phased requirements from 2026.

What to do now

  • Assess the energy performance of your sites.
  • Review lease terms to understand responsibilities for upgrades.
  • Start planning long-term improvements to spread the cost.

Stricter standards may increase upfront investment but can reduce running costs and improve marketability.

Act now and plan ahead: Business immigration

The move to a digital-by-default immigration system continues, with eVisas and updated sponsor licence processes expected by 2026.

What to do now

  • Ensure HR teams understand digital right-to-work checks.
  • Review your sponsor licence management and record-keeping.
  • Track Home Office updates on salary thresholds and renewal requirements.

Digital systems promise faster updates, but accuracy becomes even more important.

Plan ahead: Financial services and fintech changes

If you provide payment services, credit or financial technology, expect major regulatory updates in 2026.

Key themes

  • New safeguarding and reporting rules for payment and e-money firms.
  • Regulation of Buy Now Pay Later products.
  • Stronger oversight of stablecoins and crypto services.
  • Expansion from Open Banking to Open Finance.
  • EU changes including DORA, PSD3 and MiCA for businesses with EU customers.

What to do now

  • Map data flows across your UK and EU operations.
  • Update policies on payments, crypto assets and consumer credit.
  • Monitor FCA updates throughout 2025 and 2026.

Plan ahead: Intellectual property

The IPO is increasing fees and ending series trade marks. Cloned EU marks will also become more vulnerable if not actively used in the UK.

What to do now

  • Audit your trade mark portfolio and identify at-risk rights.
  • File new UK applications early to avoid fee increases.
  • Gather proof of use for marks you want to maintain.

This is likely to prompt a surge in filings, so planning ahead will avoid bottlenecks.

Keep watch: Insolvency and enforcement trends

HMRC is returning to firmer enforcement after post-pandemic backlogs. Bounce-back loan investigations are also continuing.

What to do now

  • Bring tax filings and payments up to date.
  • Review old liabilities and repayment plans.
  • Keep detailed records in case of audit.

This shift will affect businesses managing tight cashflow or historic debts.

Keep watch: ESG and supply-chain reporting

New UK Sustainability Disclosure Standards will influence reporting across supply chains. Even smaller companies may be asked for emissions and governance data by larger customers.

What to do now

  • Start tracking energy use, emissions and supplier impacts.
  • Create a simple process for responding to ESG data requests.

This can improve your competitive position when bidding for contracts.

Harper James is a modern, UK-based commercial law firm focused on helping ambitious small and medium-sized businesses grow and succeed. They combine top-tier legal expertise with an agile, tech-enabled approach, acting as long-term partners to senior leaders across all key business functions.

 

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