What Is a UK Representative and Why Do You Need One?
Natacha has served in several senior positions within the Foreign Office, Sales-representative including as the Deputy Ambassador for China and Director for sales-representative Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Businesses that operate outside of 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 what is a UK Representative?
The UK Representative is a person, company or other entity that has been formally authorised by a data controller or processor 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 and may be subject to national regulations that were enacted as a result of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required under Article 27 of the EU GDPR, as well as the UK equivalent, Section 3(2) of the Data Protection Act 2018. 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 located in the United Kingdom, or that handles personal data of these individuals. The Representative must be able to provide proof of their identity and that they are able of representing the controller or processor of data in respect to the UK GDPR's requirements.
In addition to serving as a portal for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also capable of communicating with authorities in the event of a breach. This is because the Representative has to send a notice to the supervisory authority who appointed them regardless of whether the breach affects individuals across different jurisdictions.
It is recommended that your Representative has experience of working with both European and UK-based authorities for data protection. It is also important that they are fluent in the local language because they are likely to receive contacts from both individuals and data protection authorities in the countries where they operate.
The EDPB states that the Representative is responsible for any non-compliance. However the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative cannot be sued by anyone who believes that the controller of the data did not adhere to GDPR in the UK. This is due to the fact that according to the court the Representative has no direct connection with the data processing activities carried out by the entity that is represented.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that businesses outside of the EU, without an office or branch within the EU, that target goods or services for European citizens, must designate an official. This is in addition the requirements of national laws on data protection. The purpose of a Representative is to be an individual point of contact for supervisory authorities and individuals regarding GDPR compliance issues.
The UK has its own equivalent 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 products or services to, or monitors the behaviour of, data subjects in the UK must designate a UK representative.
Under the UK-GDPR, a representative must be mandated 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]". They are not able to be personally held accountable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and receive notifications from individuals who exercise their rights. ).
Representatives should be located in the state of the European Union in which the individuals whose personal data are processed reside. This is not an easy decision that requires an extensive legal and business analysis to determine the right location for a company. We provide a specialized service to help companies evaluate their needs and select the most appropriate representative location.
It is also advisable that the representative has experience dealing with supervisory authorities and handling data subject requests. The ability to communicate in a local language is often of importance as the job is likely to include dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.
The identity of the representative should be made known to the individuals who are the data subjects via privacy policies and other information that is provided before collecting data (see article 13 of the UK-GDPR). The UK Representative's contact information should be posted on your website, giving the authorities in charge of supervision easy access to connect with them.
When do you need to designate a UK Representative?
If your business is located outside of the UK and provides goods or services to the UK or monitors the conduct of individuals, you might be required to designate a UK Representative. The UK's Applied GDPR regime is applicable to established non-UK entities that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with some exceptions). Take our self-assessment for free and see if you are required to comply with this obligation.
A representative is appointed by the appointing party under a contract of service to represent that party in relation to certain obligations under the UK GDPR and EU GDPR, if applicable. In the UK, this would primarily involve facilitating communications between the appointing entity and Information Commissioner's Office or any data subjects that are affected in the UK. A Representative can either be an individual or a company with a UK base. The entity that is appointing the representative must make it clear to data subjects that their personal information will be processed by the Representative and the identity of that individual or company must be made easily accessible to supervisory authorities.
In accordance with Articles 13 & 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact information of its representative to the ICO and the individuals who are data subjects in the UK. It is imperative to make clear that the role of a representative is distinct from the one of the role of a Data Protection Officer (DPO), which requires a degree of autonomy and independence not possible for a representative.
If you have to designate an official from the UK representative the process should be completed as soon as you can. This is because this obligation is either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or sales representative jobs-Representative (Www.Pertcpm.Coml.U.C.Ykongwang.Qu.Nxunyangongy.U@Hu.Fe.Ng.K.Ua.Ngniu.Bi..Uk41@Www.Zanele@Silvia.Woodw.O.R.T.H@Www.Reps-R-Us.Co.Uk) a "with deal". There is no grace period.
What are the requirements for the designation of a UK Representative?
Under the UK laws on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative should be able to represent the entity with regard to its obligations under the law and their contact information must be readily accessible to those within the UK whose personal data is being processed by the non-UK company.
The individual who is the UK Representative must be a senior employee of the business or media organisation and have been recruited and appointed as an employee outside the UK by that media or business organisation. The applicant must genuinely intend to be full-time employed as the UK avon representative for the media or business company, and are not allowed to engage in any other business ventures in the UK.
The visa applicant also needs to demonstrate that they have the knowledge and experience necessary to fulfill the role of a UK representative, which entails acting as a local point of contact for 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 inquiries or requests received from data protection authorities.
As the Brexit process continues it is likely that the UK laws on data protection will change in the future. At present it is expected that businesses from outside the UK that conduct business in the UK and handle personal data of individuals in the UK will be required to appoint an UK representative.
It is because article 27 of the GDPR law in the UK, which was retained as a UK national law, requires all entities that do not have a UK-based presence to appoint the position of a UK representative for data protection. If you are unsure of whether you should designate an UK data protection representative, it is recommended consult an experienced legal adviser.
Natacha has served in several senior positions within the Foreign Office, Sales-representative including as the Deputy Ambassador for China and Director for sales-representative Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Businesses that operate outside of 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 what is a UK Representative?
The UK Representative is a person, company or other entity that has been formally authorised by a data controller or processor 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 and may be subject to national regulations that were enacted as a result of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required under Article 27 of the EU GDPR, as well as the UK equivalent, Section 3(2) of the Data Protection Act 2018. 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 located in the United Kingdom, or that handles personal data of these individuals. The Representative must be able to provide proof of their identity and that they are able of representing the controller or processor of data in respect to the UK GDPR's requirements.
In addition to serving as a portal for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also capable of communicating with authorities in the event of a breach. This is because the Representative has to send a notice to the supervisory authority who appointed them regardless of whether the breach affects individuals across different jurisdictions.
It is recommended that your Representative has experience of working with both European and UK-based authorities for data protection. It is also important that they are fluent in the local language because they are likely to receive contacts from both individuals and data protection authorities in the countries where they operate.
The EDPB states that the Representative is responsible for any non-compliance. However the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative cannot be sued by anyone who believes that the controller of the data did not adhere to GDPR in the UK. This is due to the fact that according to the court the Representative has no direct connection with the data processing activities carried out by the entity that is represented.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that businesses outside of the EU, without an office or branch within the EU, that target goods or services for European citizens, must designate an official. This is in addition the requirements of national laws on data protection. The purpose of a Representative is to be an individual point of contact for supervisory authorities and individuals regarding GDPR compliance issues.
The UK has its own equivalent 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 products or services to, or monitors the behaviour of, data subjects in the UK must designate a UK representative.
Under the UK-GDPR, a representative must be mandated 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]". They are not able to be personally held accountable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and receive notifications from individuals who exercise their rights. ).
Representatives should be located in the state of the European Union in which the individuals whose personal data are processed reside. This is not an easy decision that requires an extensive legal and business analysis to determine the right location for a company. We provide a specialized service to help companies evaluate their needs and select the most appropriate representative location.
It is also advisable that the representative has experience dealing with supervisory authorities and handling data subject requests. The ability to communicate in a local language is often of importance as the job is likely to include dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.
The identity of the representative should be made known to the individuals who are the data subjects via privacy policies and other information that is provided before collecting data (see article 13 of the UK-GDPR). The UK Representative's contact information should be posted on your website, giving the authorities in charge of supervision easy access to connect with them.
When do you need to designate a UK Representative?
If your business is located outside of the UK and provides goods or services to the UK or monitors the conduct of individuals, you might be required to designate a UK Representative. The UK's Applied GDPR regime is applicable to established non-UK entities that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with some exceptions). Take our self-assessment for free and see if you are required to comply with this obligation.
A representative is appointed by the appointing party under a contract of service to represent that party in relation to certain obligations under the UK GDPR and EU GDPR, if applicable. In the UK, this would primarily involve facilitating communications between the appointing entity and Information Commissioner's Office or any data subjects that are affected in the UK. A Representative can either be an individual or a company with a UK base. The entity that is appointing the representative must make it clear to data subjects that their personal information will be processed by the Representative and the identity of that individual or company must be made easily accessible to supervisory authorities.
In accordance with Articles 13 & 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact information of its representative to the ICO and the individuals who are data subjects in the UK. It is imperative to make clear that the role of a representative is distinct from the one of the role of a Data Protection Officer (DPO), which requires a degree of autonomy and independence not possible for a representative.
If you have to designate an official from the UK representative the process should be completed as soon as you can. This is because this obligation is either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or sales representative jobs-Representative (Www.Pertcpm.Coml.U.C.Ykongwang.Qu.Nxunyangongy.U@Hu.Fe.Ng.K.Ua.Ngniu.Bi..Uk41@Www.Zanele@Silvia.Woodw.O.R.T.H@Www.Reps-R-Us.Co.Uk) a "with deal". There is no grace period.
What are the requirements for the designation of a UK Representative?
Under the UK laws on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative should be able to represent the entity with regard to its obligations under the law and their contact information must be readily accessible to those within the UK whose personal data is being processed by the non-UK company.
The individual who is the UK Representative must be a senior employee of the business or media organisation and have been recruited and appointed as an employee outside the UK by that media or business organisation. The applicant must genuinely intend to be full-time employed as the UK avon representative for the media or business company, and are not allowed to engage in any other business ventures in the UK.
The visa applicant also needs to demonstrate that they have the knowledge and experience necessary to fulfill the role of a UK representative, which entails acting as a local point of contact for 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 inquiries or requests received from data protection authorities.
As the Brexit process continues it is likely that the UK laws on data protection will change in the future. At present it is expected that businesses from outside the UK that conduct business in the UK and handle personal data of individuals in the UK will be required to appoint an UK representative.
It is because article 27 of the GDPR law in the UK, which was retained as a UK national law, requires all entities that do not have a UK-based presence to appoint the position of a UK representative for data protection. If you are unsure of whether you should designate an UK data protection representative, it is recommended consult an experienced legal adviser.