What is a UK Representative?

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Manufacturers that are not located within the EU and become a rep UK must nominate an UK Rep or an Authorised Rep (EC Rep). Exceptions do exist.

What is a UK Rep?

A UK Rep is a person or company that is designated by a manufacturer to take care of specific responsibilities related to product compliance in the UK. Based on the particular product legislation, this may include drawing up UK Declarations of Conformity for medical devices and establishing the first point of contact to the MHRA (Medical Device Regulations Agency). A Responsible Person is often called an Authorised Rep.

UK Reps are required for non-European companies who want to market their products on the UK market in accordance with EU directives or UK law. If a UK fulfilment service provider, shipping company or other organization is designated as an Authorised Rep it must also be in compliance with EU directives on product safety and traceability and UK law.

With the Brexit and the departure of the EU GDPR, the EU GDPR is no longer applicable in the UK, so companies wishing to operate in the UK must adhere to a new set of data protection laws known as the UK GDPR. These UK regulations follow the same regulations to the EU GDPR, however they are adapted to be enforceable by the Information Commissioner's Office in the UK.

According to the UK GDPR it is mandatory for organizations outside of the EU to designate representatives in the UK in order to be able to effectively communicate with data protection authorities in the UK and individuals. The representative can be a person or a company located in the UK that is able to represent the business in respect of its obligations under the UK GDPR.

A UK Representative is an essential job that requires prior experience working with data protection authorities and handling requests from individuals. It is recommended that a company new to compliance hire an UK Rep to help with the initial setup as well as ongoing support. This can include helping to establish processes, creating templates, and provide training to the company's own employees.

How do I choose a UK Rep?

You need to have a representative in case your company is operating in the EU (EU GDPR article 3(2)). This requirement exists regardless of whether you have offices in the EU or not. If you are a company that does not have offices in the EU however, you do business in the EU, you must have both an EU and UK rep unless the processing of personal data from people in the EU is very restricted. If you are a company that doesn't have offices in the EU but does business in the EU and is based in the EU, you must have both an EU and UK rep unless your processing of personal data from people in the EU is very limited.

If you are a non-EU entity that offers goods or services to EU subjects or monitors their conduct, you need to appoint a representative in the UK (UK GDPR Article 27). This requirement applies regardless of whether you're a controller of data or processor. The UK representative must be able represent your company with regards to the GDPR's obligations and act as the point of contact for individuals and the ICO.

The UK representative must be a firm, or organisation, established within the EEA and able of resolving the company's obligations under GDPR. It is typically an independent law firm. However, it could be a private firm or a consultant. The contact details of the representative should be readily available to EEA-based data subjects, for instance, by putting the information in your privacy notices or posting them on your website. This will allow EEA-based data subjects to reach out to the representative regarding their concerns with your business's handling of their personal data.

You must appoint an official in writing, and you must state the terms of your relationship with them. This is similar to a contract of service. It is essential to remember that the party appointing you is responsible and liable in relation to the actions of its representative. This is particularly true after the recent Rondon 2021 EWHC1427 decision.

There are exceptions, but they are very restricted and are not often applicable. This obligation is not applicable to public authorities, bodies or companies that handle data only infrequently and with minimal risk. Even if an exemption applies it is essential to take a careful look at whether the GDPR requirements are still met.

What are the responsibilities of a UK Rep has?

A UK Rep is an individual or organization that acts as the point of contact for local data protection inquiries from individuals, or the ICO. A UK Rep can be an employee or an independent contractor. They can be an entity based in the UK such as a consultancy or law firm.

The obligations of the role of a UK Rep are outlined in Article 27 GDPR. This requires all businesses that are outside the EU or offer products or services to or monitor the behavior of people in the UK to designate a representative to serve as an official point of contact for the ICO.

A UK rep is essentially the same as an EU authorised representative (EUAR) with the exception that it is only applicable to the United Kingdom only. EUARs are accountable for monitoring compliance and supplying information to MHRA.

A UKRP, however, has more responsibilities with regards to the UK's newly-introduced Medical Device Regulation. A UKRP is, for instance is responsible for the registration of medical devices with the MHRA. They also serve as an intermediary between the manufacturer of the device and MHRA. A UKRP is also responsible for the organization's compliance with MDR.

Similar to a union rep, or steward, has statutory rights to represent their members in the workplace and perform other duties in the workplace. They are typically elected by the members who are concerned and are elected through a ballot or meeting. The appointment is typically announced to the employer by the union.

Holiday companies hire holiday avon reps to work in their resorts abroad as well as in the UK during the summer. Representatives are trained in the UK and then sent to their resorts. Experience working and traveling internationally is typically required for these positions. Representatives are supervised by the company they work for, and may be subject to performance appraisals. They may also be paid an amount of money for bookings they make. The exact amount of commission is subject to change, but it is usually a percentage of the tour operator's profits. It is crucial to ensure that the representative communicates this to their clients in a clear manner. It is ideal that this be stated in the conditions and terms of the job.

Where can I find a UK Rep to represent me?

UK Data Protection Law requires that companies located outside of the UK that provide products or services or examine the conduct of individuals within the UK designate UK representatives. The representative is the primary contact between the data subjects and ICO (Information Commissioner's Office). The appointment of your UK Representative has to be in writing and clearly state the terms of your relationship with them. The GDPR does not change your responsibility or liability because of having a representative.

All non-EU manufacturers who sell their products to the GB Market are required to have a UK representative, except Northern Ireland. Northern Ireland still requires an EU Authorised Rep. Any organization can be able to assume the responsibility of UK Rep, as long as they can demonstrate that they can meet the specifications of the relevant laws and establishing an efficient point of contact between the manufacturer and the national market surveillance authorities or Notified Bodies. This includes, but is not only:

In the case of medical devices, an authorised representative would be a recognized Certification Company. In the case of other products, it may be the sales agent or distributor.

You must make the details of your selected UK Representative available to data subjects (individuals) who have personal data you handle and make them easily accessible. You can do this by including the details in your privacy notice, or by publishing them on your website. You don't have to formally inform the ICO of the representative you choose however their contact information must be easily accessible to them.

Avon-Representative-620x380.jpgIt is best to select an established and reputable organization, like ProductIP as your UK Authorised Rep. We have many years of experience dealing with both European and UK product laws, offering a comprehensive service for manufacturers looking to comply with their obligations under both EU and GB regulations. Our team of experts is ready to assist you in selecting a UK Rep, and provide the representation that market oversight authorities and customers require.
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