5 Reasons Become A Representative Is A Good Thing
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What Is a UK Representative and Why Do You Need One?
Natacha has held a number of high-level positions within the Foreign Office including Deputy Ambassador to China and Director for economic diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.
Companies that are not based in the UK must comply with UK privacy laws. They must appoint a representative in the UK to serve as their point of contact for data subjects and the ICO.
What is an UK representative?
The UK Representative is an individual, a company or other entity that has been formally authorised by a data controller or processor to act on behalf of the controller or processor regarding all aspects of GDPR compliance. They will be the main contact for all inquiries from data subjects exercising their rights or requests from supervisory authorities. They may be subject to national laws that have been put in place because of the GDPR's extraterritorial scope (see the UK case Rondon against 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 a representative. This requirement is applicable to all companies that do not have a permanent location in the United Kingdom but offer goods or services, or observe the actions of individuals located there or process personal data. The Representative must be able provide proof of their identity and prove that they can represent the controller or processor of data in relation to UK GDPR requirements.
The representative must also be able to communicate with authorities if there's an incident. The representative must inform the supervisory authority that appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.
It is essential that the representative you choose has worked with both European and UK data protection authorities. It is also important that they are fluent in the local language because they are likely to receive calls from both individuals and data protection authorities in the countries where they work.
Although the EDPB states that the Representative should be held accountable in the event of non-compliance the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by an individual for the data controller's alleged failure to comply with the UK GDPR. This is because, according to the court the Representative has no direct connection to the data processing activities carried out by the entity that is represented.
Who is required to appoint the UK Representative?
The EU GDPR mandates that non-EU businesses with no office or branch in the EU, that target products or services to European citizens, must designate a Representative. This is in addition to the requirements from national laws regarding data protection. The purpose of a Representative is to serve as a local point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.
The UK has a similar requirement to the EU, which is outlined in Article 27 of UK-GDPR. The threshold is the same as that of the EU requirement: any company that offers goods or services in the UK, or monitoring the behavior of the data subjects, has to appoint an UK representative.
Under the UK-GDPR, a Representative must be appointed in writing "to be additionally or alternatively, addressed on behalf of the controller or processor by the data subjects and the British Information Commissioner's Office[British Information Commissioner's Office]". They cannot be personally held accountable for compliance with the GDPR. They must however cooperate with supervisory authorities during formal proceedings, sales-representative (tronkorea.Kr) and receive communications from individuals who exercise their rights. ).
Representatives must be located in the Member State of the European Union in which the individuals whose personal data are processed are residents. This is not a simple decision that requires an in-depth legal and business analysis to determine the most suitable location for an organization. We provide an individualized service that assists companies in assessing their requirements and selecting the best representative option.
It is also recommended that representatives have previous experience in dealing with supervisory authority as well as handling data subject inquiries. The ability to communicate in a local language could be important, as the job could involve dealing with requests from data subjects or supervisory authority in multiple countries throughout Europe.
The identity of the representative should be disclosed to data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). Contact information for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.
When do you need to nominate the UK Representative?
If your company is located outside the UK, offers products or services to people in the UK or monitors their behaviour, you may need to select an UK Representative. The UK's Applied EU GDPR regime applies for non-UK established companies that conduct business in the UK. It has the same reach as EU GDPR, with limited exceptions. Take our free self-assessment and determine if you are required to comply with this obligation.
A representative is appointed by the party appointing under an agreement of service to act on behalf of the party with respect to certain obligations under UK GDPR and EU GDPR, as applicable. In the UK, this would primarily involve facilitating communications between the entity that appointed the representative and the Information Commissioner's Office or any data subjects affected in the UK. A Representative can either be an individual or a UK-based company. The body that appoints them must inform the data subjects that the representative will be processing their personal data and ensure that the identity of the individual or business is readily available to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its representative to ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of the UK GDPR. It must be made clear that the representative's job is different from that of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy that is not achievable for a representative.
If you need to appoint an UK representative, you should do so as soon as possible. This is due to the fact that this requirement is required either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or "with deal". There is no grace time.
What are the requirements to become a UK representative?
Under the UK data protection laws (and specifically article 27 of the UK GDPR) Representatives are an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the requirements of the law. The UK representative is required to be able represent an entity with respect to its legal obligations. Contact details for representatives should be readily available to UK residents whose personal details are processed by a non-UK business.
The UK Representative must be an overseas senior employee of a media or business company, and have been hired and employed as an employee of the business or Sales-Representative media organization located outside the UK. The visa applicant must intend to serve as the UK representative of the media or business organisation full-time and must not engage in other business activities in the UK.
Additionally the visa holder must prove that they have the necessary skills and experience to fulfill their duties as a UK Representative, which will include acting as the local point of contact for queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative is knowledgeable of and experience with UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law and any other requests or enquiries received from authorities dealing with data protection.
As the Brexit process continues it is expected that the UK laws on data protection will change in the future. At the moment, however it is expected for companies from outside the UK that conduct business in the UK and handle personal data on individuals in the UK to nominate UK representatives.
This is because article 27 of the GDPR law in the UK, which was retained as a UK national law, requires entities without having a presence in the UK to appoint an UK representative for data protection. If you are unsure of whether you are required to nominate a UK data protection representative, it is recommended consult an experienced lawyer.
Natacha has held a number of high-level positions within the Foreign Office including Deputy Ambassador to China and Director for economic diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.
Companies that are not based in the UK must comply with UK privacy laws. They must appoint a representative in the UK to serve as their point of contact for data subjects and the ICO.
What is an UK representative?
The UK Representative is an individual, a company or other entity that has been formally authorised by a data controller or processor to act on behalf of the controller or processor regarding all aspects of GDPR compliance. They will be the main contact for all inquiries from data subjects exercising their rights or requests from supervisory authorities. They may be subject to national laws that have been put in place because of the GDPR's extraterritorial scope (see the UK case Rondon against 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 a representative. This requirement is applicable to all companies that do not have a permanent location in the United Kingdom but offer goods or services, or observe the actions of individuals located there or process personal data. The Representative must be able provide proof of their identity and prove that they can represent the controller or processor of data in relation to UK GDPR requirements.
The representative must also be able to communicate with authorities if there's an incident. The representative must inform the supervisory authority that appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.
It is essential that the representative you choose has worked with both European and UK data protection authorities. It is also important that they are fluent in the local language because they are likely to receive calls from both individuals and data protection authorities in the countries where they work.
Although the EDPB states that the Representative should be held accountable in the event of non-compliance the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by an individual for the data controller's alleged failure to comply with the UK GDPR. This is because, according to the court the Representative has no direct connection to the data processing activities carried out by the entity that is represented.
Who is required to appoint the UK Representative?
The EU GDPR mandates that non-EU businesses with no office or branch in the EU, that target products or services to European citizens, must designate a Representative. This is in addition to the requirements from national laws regarding data protection. The purpose of a Representative is to serve as a local point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.
The UK has a similar requirement to the EU, which is outlined in Article 27 of UK-GDPR. The threshold is the same as that of the EU requirement: any company that offers goods or services in the UK, or monitoring the behavior of the data subjects, has to appoint an UK representative.
Under the UK-GDPR, a Representative must be appointed in writing "to be additionally or alternatively, addressed on behalf of the controller or processor by the data subjects and the British Information Commissioner's Office[British Information Commissioner's Office]". They cannot be personally held accountable for compliance with the GDPR. They must however cooperate with supervisory authorities during formal proceedings, sales-representative (tronkorea.Kr) and receive communications from individuals who exercise their rights. ).
Representatives must be located in the Member State of the European Union in which the individuals whose personal data are processed are residents. This is not a simple decision that requires an in-depth legal and business analysis to determine the most suitable location for an organization. We provide an individualized service that assists companies in assessing their requirements and selecting the best representative option.
It is also recommended that representatives have previous experience in dealing with supervisory authority as well as handling data subject inquiries. The ability to communicate in a local language could be important, as the job could involve dealing with requests from data subjects or supervisory authority in multiple countries throughout Europe.
The identity of the representative should be disclosed to data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). Contact information for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.
When do you need to nominate the UK Representative?
If your company is located outside the UK, offers products or services to people in the UK or monitors their behaviour, you may need to select an UK Representative. The UK's Applied EU GDPR regime applies for non-UK established companies that conduct business in the UK. It has the same reach as EU GDPR, with limited exceptions. Take our free self-assessment and determine if you are required to comply with this obligation.
A representative is appointed by the party appointing under an agreement of service to act on behalf of the party with respect to certain obligations under UK GDPR and EU GDPR, as applicable. In the UK, this would primarily involve facilitating communications between the entity that appointed the representative and the Information Commissioner's Office or any data subjects affected in the UK. A Representative can either be an individual or a UK-based company. The body that appoints them must inform the data subjects that the representative will be processing their personal data and ensure that the identity of the individual or business is readily available to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its representative to ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of the UK GDPR. It must be made clear that the representative's job is different from that of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy that is not achievable for a representative.
If you need to appoint an UK representative, you should do so as soon as possible. This is due to the fact that this requirement is required either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or "with deal". There is no grace time.
What are the requirements to become a UK representative?
Under the UK data protection laws (and specifically article 27 of the UK GDPR) Representatives are an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the requirements of the law. The UK representative is required to be able represent an entity with respect to its legal obligations. Contact details for representatives should be readily available to UK residents whose personal details are processed by a non-UK business.
The UK Representative must be an overseas senior employee of a media or business company, and have been hired and employed as an employee of the business or Sales-Representative media organization located outside the UK. The visa applicant must intend to serve as the UK representative of the media or business organisation full-time and must not engage in other business activities in the UK.
Additionally the visa holder must prove that they have the necessary skills and experience to fulfill their duties as a UK Representative, which will include acting as the local point of contact for queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative is knowledgeable of and experience with UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law and any other requests or enquiries received from authorities dealing with data protection.
As the Brexit process continues it is expected that the UK laws on data protection will change in the future. At the moment, however it is expected for companies from outside the UK that conduct business in the UK and handle personal data on individuals in the UK to nominate UK representatives.
This is because article 27 of the GDPR law in the UK, which was retained as a UK national law, requires entities without having a presence in the UK to appoint an UK representative for data protection. If you are unsure of whether you are required to nominate a UK data protection representative, it is recommended consult an experienced lawyer.
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