A Help Guide To Become A Representative From Beginning To End
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What Is a UK Representative and Why Do You Need One?
Natacha has held a variety of senior roles in the Foreign Office including Deputy Ambassador to China and Director of Economic diplomacy and Emerging Powers. She also worked on global trade policy as well as international issues related to development.
Businesses located outside the UK are required to adhere to UK privacy laws. They must designate a representative in the UK to act as their point of contact for data subjects and the ICO.
What is what is a UK Representative?
The UK Representative is an individual, a company or organisation mandated in writing by the controller or processor of data to act on behalf of the controller or processor in all matters around GDPR compliance. They will be the primary point of contact for enquiries from individuals exercising their rights or requests from supervisory authorities. They may be subject to national requirements which have been implemented in the context of GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The EU GDPR Article 27 and its UK equivalent, Section 3.2.2 of the Data Protection Act 2018, require the appointment of an official representative. The requirement applies to any organization that does not have its own establishment within the United Kingdom and UK Representative that offers services or goods to or monitors the behavior of individuals located in the United Kingdom, or that manages personal data of those individuals. The representative must be able to prove their identity, and that they are able to represent the data processor or controller in connection with UK GDPR requirements.
In addition to acting as a means for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also in a position to communicate with authorities in the event of a breach. This is because the Representative has to make a formal notification to the supervisory authority that appointed them, regardless of whether the breach impacts individuals across different jurisdictions.
It is crucial that the representative you choose has worked with both European and UK authorities for data protection. It is also beneficial for them to be proficient in local languages, as they will likely receive contacts from individuals and agencies in the countries where they operate.
The EDPB says that the Representative is responsible for non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative can't be sued by someone who believes the data controller has failed to adhere to GDPR in the UK. This is due to the fact that according to the court the Representative does not have a direct connection with the processing of data by the represented entity.
Who should be appointed the UK Representative?
In order to comply with the EU GDPR, companies outside of the EU that are targeting goods or services to European citizens, but do NOT have an office, branch, or establishment in the EU must designate an EU Representative. This is in addition to requirements from national data protection laws. The function of a representative is to act as a local point of contact for individuals and supervisory authorities in relation to GDPR compliance issues.
The UK has similar requirements to the EU that is described in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any company that offers goods or services in the UK or monitoring the behaviour of individuals who are data subjects, must designate an UK Representative.
Under the UK-GDPR, a representative must be appointed in writing "to be addressed, in addition or alternatively addressed, on behalf of the controller or processor, by data subjects and the [British Information Commissioner's Office[British Information Commissioner's Office]". They cannot be personally accountable for the GDPR's compliance. However they must cooperate with supervisory authorities in official proceedings and receive information from data subjects exercising their rights (access request and right to be forgotten etc. ).
sale representatives must be located in the Member State of the European Union in which the individuals whose personal information is processed are residents. In the majority of cases, this isn't a straightforward decision to make, and a thorough analysis of legal and business aspects is required to assess the location(s) best suited to an organisation. This is why we provide a dedicated service to assist organisations in assessing their needs and deciding on the most appropriate representative option.
It is also recommended that representatives have experience working with supervisory authorities as well as handling inquiries from data subjects. The ability to communicate in a local language is often of importance as the job is likely to be involving dealing with requests from supervisory authorities or data subject in multiple countries across Europe.
The identity of the representative should be made clear to the data subjects by including their details in privacy policies as well as the information provided to individuals prior to collecting their personal data (see Article 13 UK-GDPR). The UK Representative's contact information should be posted on your website, allowing an easy way for supervisory authorities to get in touch with them.
When do you need to designate the UK Representative?
If your company is located outside of the UK provides goods or services to individuals in the UK or monitors their behaviour it is possible to select the position of a UK Representative. The UK's applied EU GDPR regime applies for non-UK established entities that conduct business in the UK. It has the same reach as EU GDPR, with limited exceptions. You should take our free self-assessment and find out if you are required to comply with this requirement.
A representative is appointed by the party appointing under the terms of a contract of service. The representative is appointed to act for that party in relation to specific obligations under UK GDPR and EU GDPR, as applicable. In the UK this would typically involve facilitating communication between the appointing entity and the Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a company that is established in the UK. The appointing body must inform data subjects that the Representative will be processing their personal information and ensure that the identity of the individual or company is readily available to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact details of its representative to the ICO as well as to individuals who are data subjects in the UK. It must make it clear that the job of a Representative is separate from and incompatible with the duties of a Data Protection Officer ("DPO") that requires a degree of independence and autonomy that cannot be offered by a Representative.
If you are required to appoint a UK representative and you are required to do so, you must do it in the earliest time possible. This is because the requirement arises immediately upon Brexit (if there is either a 'hard' or "no deal' Brexit) or after an implementation period (if there is a'soft' or "with deal" Brexit). There is no grace time.
What are the prerequisites to becoming a UK representative?
According to UK laws on data protection, a representative is a person or a company who is "designated" in writing by an entity which doesn't have a physical presence in the UK however is subject to the law. The UK representative must be able to represent an entity in relation to its obligations under law. Contact details for representatives should be readily available to UK residents whose personal data are processed by a non-UK business.
The individual who is the UK Representative must be a senior member of the foreign media or business organization and has been hired and appointed as an employee outside of the UK by the media or business organisation. The person applying for the visa must intend to work full-time as the UK representative for the media or business organization, and they must not engage in any other business activities in the UK.
In addition, the visa applicant must demonstrate the necessary knowledge and skills to fulfill their duties as a UK Representative that includes acting as local contact for inquiries from data subjects as well as the UK authorities for data protection. The UK Representative must have sufficient knowledge and expertise of UK laws regarding data protection to be able to respond to any inquiries and requests from data protection authorities as well as individuals exercising their rights.
As the Brexit process continues, it is likely that the UK laws on data protection will evolve in the future. At present, it is expected that companies from outside the UK who do business in the UK and handle personal data of individuals in the UK will need to appoint an official from the UK Representative.
This is because the UK GDPR mandates that all entities without a UK presence must appoint representatives under article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you are unsure of whether you are required to appoint an UK data protection representative It is suggested that you speak to an experienced lawyer.
Natacha has held a variety of senior roles in the Foreign Office including Deputy Ambassador to China and Director of Economic diplomacy and Emerging Powers. She also worked on global trade policy as well as international issues related to development.
Businesses located outside the UK are required to adhere to UK privacy laws. They must designate a representative in the UK to act as their point of contact for data subjects and the ICO.
What is what is a UK Representative?
The UK Representative is an individual, a company or organisation mandated in writing by the controller or processor of data to act on behalf of the controller or processor in all matters around GDPR compliance. They will be the primary point of contact for enquiries from individuals exercising their rights or requests from supervisory authorities. They may be subject to national requirements which have been implemented in the context of GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The EU GDPR Article 27 and its UK equivalent, Section 3.2.2 of the Data Protection Act 2018, require the appointment of an official representative. The requirement applies to any organization that does not have its own establishment within the United Kingdom and UK Representative that offers services or goods to or monitors the behavior of individuals located in the United Kingdom, or that manages personal data of those individuals. The representative must be able to prove their identity, and that they are able to represent the data processor or controller in connection with UK GDPR requirements.
In addition to acting as a means for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also in a position to communicate with authorities in the event of a breach. This is because the Representative has to make a formal notification to the supervisory authority that appointed them, regardless of whether the breach impacts individuals across different jurisdictions.
It is crucial that the representative you choose has worked with both European and UK authorities for data protection. It is also beneficial for them to be proficient in local languages, as they will likely receive contacts from individuals and agencies in the countries where they operate.
The EDPB says that the Representative is responsible for non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative can't be sued by someone who believes the data controller has failed to adhere to GDPR in the UK. This is due to the fact that according to the court the Representative does not have a direct connection with the processing of data by the represented entity.
Who should be appointed the UK Representative?
In order to comply with the EU GDPR, companies outside of the EU that are targeting goods or services to European citizens, but do NOT have an office, branch, or establishment in the EU must designate an EU Representative. This is in addition to requirements from national data protection laws. The function of a representative is to act as a local point of contact for individuals and supervisory authorities in relation to GDPR compliance issues.
The UK has similar requirements to the EU that is described in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any company that offers goods or services in the UK or monitoring the behaviour of individuals who are data subjects, must designate an UK Representative.
Under the UK-GDPR, a representative must be appointed in writing "to be addressed, in addition or alternatively addressed, on behalf of the controller or processor, by data subjects and the [British Information Commissioner's Office[British Information Commissioner's Office]". They cannot be personally accountable for the GDPR's compliance. However they must cooperate with supervisory authorities in official proceedings and receive information from data subjects exercising their rights (access request and right to be forgotten etc. ).
sale representatives must be located in the Member State of the European Union in which the individuals whose personal information is processed are residents. In the majority of cases, this isn't a straightforward decision to make, and a thorough analysis of legal and business aspects is required to assess the location(s) best suited to an organisation. This is why we provide a dedicated service to assist organisations in assessing their needs and deciding on the most appropriate representative option.
It is also recommended that representatives have experience working with supervisory authorities as well as handling inquiries from data subjects. The ability to communicate in a local language is often of importance as the job is likely to be involving dealing with requests from supervisory authorities or data subject in multiple countries across Europe.
The identity of the representative should be made clear to the data subjects by including their details in privacy policies as well as the information provided to individuals prior to collecting their personal data (see Article 13 UK-GDPR). The UK Representative's contact information should be posted on your website, allowing an easy way for supervisory authorities to get in touch with them.
When do you need to designate the UK Representative?
If your company is located outside of the UK provides goods or services to individuals in the UK or monitors their behaviour it is possible to select the position of a UK Representative. The UK's applied EU GDPR regime applies for non-UK established entities that conduct business in the UK. It has the same reach as EU GDPR, with limited exceptions. You should take our free self-assessment and find out if you are required to comply with this requirement.
A representative is appointed by the party appointing under the terms of a contract of service. The representative is appointed to act for that party in relation to specific obligations under UK GDPR and EU GDPR, as applicable. In the UK this would typically involve facilitating communication between the appointing entity and the Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a company that is established in the UK. The appointing body must inform data subjects that the Representative will be processing their personal information and ensure that the identity of the individual or company is readily available to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact details of its representative to the ICO as well as to individuals who are data subjects in the UK. It must make it clear that the job of a Representative is separate from and incompatible with the duties of a Data Protection Officer ("DPO") that requires a degree of independence and autonomy that cannot be offered by a Representative.
If you are required to appoint a UK representative and you are required to do so, you must do it in the earliest time possible. This is because the requirement arises immediately upon Brexit (if there is either a 'hard' or "no deal' Brexit) or after an implementation period (if there is a'soft' or "with deal" Brexit). There is no grace time.
What are the prerequisites to becoming a UK representative?
According to UK laws on data protection, a representative is a person or a company who is "designated" in writing by an entity which doesn't have a physical presence in the UK however is subject to the law. The UK representative must be able to represent an entity in relation to its obligations under law. Contact details for representatives should be readily available to UK residents whose personal data are processed by a non-UK business.
The individual who is the UK Representative must be a senior member of the foreign media or business organization and has been hired and appointed as an employee outside of the UK by the media or business organisation. The person applying for the visa must intend to work full-time as the UK representative for the media or business organization, and they must not engage in any other business activities in the UK.
In addition, the visa applicant must demonstrate the necessary knowledge and skills to fulfill their duties as a UK Representative that includes acting as local contact for inquiries from data subjects as well as the UK authorities for data protection. The UK Representative must have sufficient knowledge and expertise of UK laws regarding data protection to be able to respond to any inquiries and requests from data protection authorities as well as individuals exercising their rights.
As the Brexit process continues, it is likely that the UK laws on data protection will evolve in the future. At present, it is expected that companies from outside the UK who do business in the UK and handle personal data of individuals in the UK will need to appoint an official from the UK Representative.
This is because the UK GDPR mandates that all entities without a UK presence must appoint representatives under article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you are unsure of whether you are required to appoint an UK data protection representative It is suggested that you speak to an experienced lawyer.
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