What Is a UK Representative and Why Do You Need One?
Natacha has held a variety of senior positions in the Foreign Office including Deputy Ambassador to China and Director for economic diplomacy and [Redirect-302] Emerging Powers. She has also been involved in global trade policy and international issues.
Businesses that are not located in the UK are bound by UK privacy legislation. They must designate an agent in the UK who will serve as their point-of-contact for data subjects and ICO.
What is a UK representative?
The UK Representative is a person, business or organization who has been appointed by a data processor or controller to act in their behalf on all matters related to GDPR compliance. They will be the primary contact for all inquiries from data subjects exercising rights or requests from supervisory authorities. They could also be subject to national laws that have been implemented because of the GDPR's extraterritorial reach (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 applies to all organizations 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 who process personal data. The Representative must be able to show proof of their identity and that they are competent in representing the controller or processor of data in relation to the UK GDPR's requirements.
The Representative should also be able to communicate with authorities if there's a breach. This is because the Representative must submit a notification to the supervisory authority who appointed them, regardless of whether the breach impacts individuals across different jurisdictions.
It is recommended that your Representative has experience working with both European and UK-based authorities for data protection. It is also important to have local language skills as they are likely to receive contacts from both individuals and data protection authorities in the countries in which they operate.
The EDPB declares that the Representative is accountable for any non-compliance. However the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative is not able to be sued by anyone who believes that the data controller has failed to adhere to GDPR in the UK. The court found that the Representative was not in direct connection to the processing of data by the entity that it represented.
Who is required to appoint 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 laws on data protection. The role of a representative is to be an individual point of contact for individuals and supervisory bodies in relation to GDPR issues.
The UK has its own version to the EU requirements, as laid in Article 27 of the UK-GDPR. Like the EU requirement, the threshold is low and any business that offers goods or services to or monitors the behavior of data subjects in the UK must appoint an official from the UK Representative.
In accordance with the UK-GDPR, a representative must be authorised in writing by the data subjects or the [British Information Commissioner's Office[British Information Commissioner's Office] "to be addressed, additionally or alternately, on behalf the controller or processor". They are not able to be held personally liable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Sale sales representatives jobs (211.45.131.204) should be located within the EU member state where the individuals whose data is being processed are. This isn't a straightforward decision that requires an extensive legal and business analysis to determine the most suitable location for an organisation. For this reason we offer an individualized service that assists organizations in assessing their needs and deciding on the most appropriate Representative option.
It is also advisable that Representatives have experience in working with supervisory authorities and handling data subject requests. Local language skills are also often of importance as the job will include dealing with inquiries from data subjects or supervisory authorities across Europe.
The identity of the representative should be disclosed to the data subjects by including their information in privacy policies and the information given to individuals prior to collecting their personal data (see Article 13 of the UK-GDPR). The UK Representative's contact information should also be published on your site, providing the authorities in charge of supervision easy access to get in touch with them.
When are you required to appoint an UK Representative?
If your business is based outside of the UK provides goods or services to customers within the UK or monitors their behavior, you may need to appoint a UK Representative. The UK's applied EU GDPR regime is available to non-UK established companies that are performing activities in the UK. It has the same reach as EU GDPR, with some exceptions. You should take our free self-assessment to determine if you are subject to this obligation.
A representative is authorised by the entity that appointed them under a service contract to represent the entity in relation to specific obligations under the UK and EU GDPR if applicable. In the UK the primary purpose of this is to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. Representatives can be an individual or a business which is based in the UK. The appointing body must inform the data subjects that their personal information will be processed by the Representative. The identity of the individual or company has to be made easily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its representative to ICO and data subjects affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It must make it clear that the role of a Representative is different from and incompatible with that of the role of a Data Protection Officer ("DPO"), which requires a certain degree of autonomy and independence that cannot be provided by a Representative.
If you need to nominate an UK representative, you should do so in the earliest time possible. This is due to the fact that this requirement arises either immediately after Brexit (if it is a "hard" or "no deal" Brexit) or following an implementation period (if it's an "soft" or "with deal". There is no grace period.
What are the requirements for a UK Representative?
According to UK data protection laws, a representative is a person, or a business who is "designated" in writing by a company that does not have a physical presence in the UK but is subject to the law. The UK representative must be able to represent an entity with respect to its obligations under law. Contact details for representatives should be readily accessible to UK residents whose personal data are processed by a non-UK business.
The individual who is the UK Representative must be a senior employee of the media or business organisation and have been recruited and taken on as an employee outside the UK by that media or business organisation. The applicant must genuinely intend to work full-time as the UK Representative for the media or business organization, and they are not allowed to engage in any other business activities in the UK.
In addition the visa holder must demonstrate the necessary skills and experience to fulfill their duties as UK Representative which includes serving as local point of contact for queries from data subjects and the UK authorities for data protection. This is to ensure that the UK Representative is well-informed of and understanding of the UK data protection laws, and can respond to any 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 continues, it is likely that the UK data protection laws will change over time. In the present, however, it is expected for companies from outside the UK that conduct business in the UK, and process personal data on individuals in the UK, to appoint UK representatives.
It is because article 27 of the GDPR in the United Kingdom that was adopted as a UK national law, requires all entities that do not have any presence in the UK to nominate a UK data protection representative. If you're not sure whether you require a UK representative for data protection It is recommended to seek out a knowledgeable legal advisor.
Natacha has held a variety of senior positions in the Foreign Office including Deputy Ambassador to China and Director for economic diplomacy and [Redirect-302] Emerging Powers. She has also been involved in global trade policy and international issues.
Businesses that are not located in the UK are bound by UK privacy legislation. They must designate an agent in the UK who will serve as their point-of-contact for data subjects and ICO.
What is a UK representative?
The UK Representative is a person, business or organization who has been appointed by a data processor or controller to act in their behalf on all matters related to GDPR compliance. They will be the primary contact for all inquiries from data subjects exercising rights or requests from supervisory authorities. They could also be subject to national laws that have been implemented because of the GDPR's extraterritorial reach (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 applies to all organizations 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 who process personal data. The Representative must be able to show proof of their identity and that they are competent in representing the controller or processor of data in relation to the UK GDPR's requirements.
The Representative should also be able to communicate with authorities if there's a breach. This is because the Representative must submit a notification to the supervisory authority who appointed them, regardless of whether the breach impacts individuals across different jurisdictions.
It is recommended that your Representative has experience working with both European and UK-based authorities for data protection. It is also important to have local language skills as they are likely to receive contacts from both individuals and data protection authorities in the countries in which they operate.
The EDPB declares that the Representative is accountable for any non-compliance. However the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative is not able to be sued by anyone who believes that the data controller has failed to adhere to GDPR in the UK. The court found that the Representative was not in direct connection to the processing of data by the entity that it represented.
Who is required to appoint 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 laws on data protection. The role of a representative is to be an individual point of contact for individuals and supervisory bodies in relation to GDPR issues.
The UK has its own version to the EU requirements, as laid in Article 27 of the UK-GDPR. Like the EU requirement, the threshold is low and any business that offers goods or services to or monitors the behavior of data subjects in the UK must appoint an official from the UK Representative.
In accordance with the UK-GDPR, a representative must be authorised in writing by the data subjects or the [British Information Commissioner's Office[British Information Commissioner's Office] "to be addressed, additionally or alternately, on behalf the controller or processor". They are not able to be held personally liable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Sale sales representatives jobs (211.45.131.204) should be located within the EU member state where the individuals whose data is being processed are. This isn't a straightforward decision that requires an extensive legal and business analysis to determine the most suitable location for an organisation. For this reason we offer an individualized service that assists organizations in assessing their needs and deciding on the most appropriate Representative option.
It is also advisable that Representatives have experience in working with supervisory authorities and handling data subject requests. Local language skills are also often of importance as the job will include dealing with inquiries from data subjects or supervisory authorities across Europe.
The identity of the representative should be disclosed to the data subjects by including their information in privacy policies and the information given to individuals prior to collecting their personal data (see Article 13 of the UK-GDPR). The UK Representative's contact information should also be published on your site, providing the authorities in charge of supervision easy access to get in touch with them.
When are you required to appoint an UK Representative?
If your business is based outside of the UK provides goods or services to customers within the UK or monitors their behavior, you may need to appoint a UK Representative. The UK's applied EU GDPR regime is available to non-UK established companies that are performing activities in the UK. It has the same reach as EU GDPR, with some exceptions. You should take our free self-assessment to determine if you are subject to this obligation.
A representative is authorised by the entity that appointed them under a service contract to represent the entity in relation to specific obligations under the UK and EU GDPR if applicable. In the UK the primary purpose of this is to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. Representatives can be an individual or a business which is based in the UK. The appointing body must inform the data subjects that their personal information will be processed by the Representative. The identity of the individual or company has to be made easily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its representative to ICO and data subjects affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It must make it clear that the role of a Representative is different from and incompatible with that of the role of a Data Protection Officer ("DPO"), which requires a certain degree of autonomy and independence that cannot be provided by a Representative.
If you need to nominate an UK representative, you should do so in the earliest time possible. This is due to the fact that this requirement arises either immediately after Brexit (if it is a "hard" or "no deal" Brexit) or following an implementation period (if it's an "soft" or "with deal". There is no grace period.
What are the requirements for a UK Representative?
According to UK data protection laws, a representative is a person, or a business who is "designated" in writing by a company that does not have a physical presence in the UK but is subject to the law. The UK representative must be able to represent an entity with respect to its obligations under law. Contact details for representatives should be readily accessible to UK residents whose personal data are processed by a non-UK business.
The individual who is the UK Representative must be a senior employee of the media or business organisation and have been recruited and taken on as an employee outside the UK by that media or business organisation. The applicant must genuinely intend to work full-time as the UK Representative for the media or business organization, and they are not allowed to engage in any other business activities in the UK.
In addition the visa holder must demonstrate the necessary skills and experience to fulfill their duties as UK Representative which includes serving as local point of contact for queries from data subjects and the UK authorities for data protection. This is to ensure that the UK Representative is well-informed of and understanding of the UK data protection laws, and can respond to any 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 continues, it is likely that the UK data protection laws will change over time. In the present, however, it is expected for companies from outside the UK that conduct business in the UK, and process personal data on individuals in the UK, to appoint UK representatives.
It is because article 27 of the GDPR in the United Kingdom that was adopted as a UK national law, requires all entities that do not have any presence in the UK to nominate a UK data protection representative. If you're not sure whether you require a UK representative for data protection It is recommended to seek out a knowledgeable legal advisor.