The Reasons Become A Representative Is Everywhere This Year

What Is a UK Representative and Why Do You Need One?

Natacha has served in several senior positions within the Foreign Office, including as Deputy Ambassador for China and Director responsible for Economic Diplomacy and Emerging Powers. She has also worked on global trade policy and international development issues.

Companies that are not based in the UK must adhere to UK privacy laws. They must appoint a representative in the UK to serve as their point of contact for data subjects as well as the ICO.

What is a UK representative?

The UK Representative is a person, company or organization that has been mandated by the controller or data processor to act on their behalf on all matters relating to GDPR compliance. They will be the main point of contact for enquiries from data subjects exercising their rights, or for requests from supervisory authorities. They could also be subject to national regulations that were enacted in the context of GDPR’s extraterritorial reach (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 a separate establishment within the United Kingdom and that offers goods or services to or monitors the behavior of individuals residing in the United Kingdom, or that processes personal data of such individuals. The representative must be able to provide proof of their identity, and that they can be the data processor or controller in respect to UK GDPR obligations.

The Representative must also be able communicate with authorities if there’s an incident. This is because the Representative must send a notice to the supervisory authority who appointed them regardless of whether the breach impacts the data subject across multiple jurisdictions.

It is crucial that the representative you select has experience working with both European and UK authorities for data protection. It is also recommended for them to speak a local language because they will receive calls from individuals and agencies in the countries they operate.

While the EDPB states that the Representative will be held liable 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 a person for the alleged failure to comply with the UK GDPR. This is because, according to the court the Representative has no direct connection to the processing of data by the represented entity.

Who is required to appoint the UK Representative?

The EU GDPR stipulates that businesses outside of the EU, Representative avon without an office, branch or establishment in the EU that market their products or services to European citizens, must designate an official. This is in addition the requirements of the national data protection laws. The role of a Representative is to act as an individual point of contact for supervisory authorities and individuals regarding GDPR compliance issues.

The UK has a similar requirement to the EU as laid out in Article 27 of UK-GDPR. As with the EU requirement the threshold is lower for any company that provides goods or services to, or monitors the conduct of data subjects in the UK must appoint an UK representative.

In accordance with the UK-GDPR, a representative must be authorised in writing by the data subject or the [British Information Commissioner’s Office[British Information Commissioner’s Office] “to be contacted, in addition or alternatively, on behalf of the controller or processor”. They are not personally accountable for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and receive information from data subjects who exercise their rights (access request and right to be forgotten, etc. ).

Representatives must be situated within the EU member state where the individuals whose data is being processed are. In most cases this will not be an easy choice to make, and a careful analysis of the legal and business context is required to determine the location(s) most suitable for an organization. We provide a service that helps organisations determine their needs and select the most suitable representative choice.

It is also advisable that representatives have experience interacting with both supervisory authorities and dealing with data subject requests. Local language skills are also important since the job is likely to involve dealing with inquiries from supervisory authorities or data subject in multiple countries across Europe.

The identity of the Representative should be disclosed to the individuals who are data subjects by incorporating their details in privacy policies and information provided to individuals prior to collecting their personal data (see Article 13 UK-GDPR). The UK Representative’s contact information should also be published on your website, giving the authorities in charge of supervision easy access to connect with them.

When do you have to appoint a UK Representative?

If your organisation is located outside of the UK and provides goods or services in the UK or monitors the conduct of individuals, you may be required to designate a UK Representative. The UK’s applied EU GDPR regime is applicable to non-UK established companies that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, with some exceptions. Take our free self-assessment and see if you are legally bound by this obligation.

A Representative is mandated by the appointing entity under the terms of a service contract to represent that entity with regard to a number of its obligations under the UK 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 could be an individual or a company with a UK base. The appointing body must inform the data individuals that their personal information will be processed by the Representative, and the identity of the individual or company has to be readily available to supervisory authorities.

The entity that is appointing the representative must provide the contact information of its representative to ICO and data subjects affected in the UK in accordance with Article 13 and 14 of UK GDPR. It is essential to make clear that the function of a Representative is different from and not compatible with that of the role of a Data Protection Officer (“DPO”) that requires a degree of independence and autonomy that cannot be provided by a Representative.

If you are required to appoint a UK representative It is advised to do it as soon as 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 period.

What are the requirements to become 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 that doesn’t have a physical presence in the UK but is subject to the law. The UK representative must be competent to represent the company in compliance with its legal obligations and their contact details must be readily available to those in the UK who have personal information being processed by a non-UK company.

The individual who is the UK Representative avon representatives, R.ess.aleoklop.Atarget, must be a senior member of the business or media organisation and has been enlisted and subsequently made an employee outside the UK by that business or media organisation. The applicant for the visa must be planning to serve as the UK representative for the media or business organisation full-time, and must not be engaged in other business activities outside of the UK.

The visa applicant also needs to prove that they have the knowledge and experience required to perform the role of a UK representative, which entails acting as the local point of contact with the data subjects and UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and understanding of the UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law in addition to any other requests or enquiries received from data protection authorities.

As the Brexit process progresses, it is likely the UK laws on data protection will change over time. In the present, however it is expected for companies that are not based in the UK, but do business in the UK and collect personal data on individuals in the UK, to appoint UK representatives.

This is because the UK GDPR requires that entities that do not have a UK presence must appoint a representative in accordance with article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you’re not sure whether you’re required to have a UK data protection rep It is recommended to consult an experienced legal advisor.