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

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

Businesses that operate outside of the UK must adhere to UK privacy laws. They must appoint an agent in the UK who will serve as their point of contact for individuals who have data and the ICO.

What is what is a UK representative?

The UK Representative is a person, business 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 contact for any queries from data subjects exercising their rights, or requests from supervisory authorities and may also be subject to national requirements that have been enacted in light of the GDPR's extraterritorial scope (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 or monitors the conduct of individuals residing in the United Kingdom, or that processes personal data of such individuals. The Representative must be able to show evidence of their identity and that they are able of representing the controller or processor guyanaexpatforum.com of data in relation to the UK GDPR's requirements.

The Representative must also be able to communicate with authorities in the event of a breach. This is because the Representative needs to make a formal notification to the supervisory authority that appointed them, regardless of whether the breach affects the data subject across different jurisdictions.

It is crucial that the representative you choose has worked with both European and UK authorities for data protection. It is also beneficial for them to have local language abilities, as they will likely receive calls from individuals and data protection agencies in the countries they operate in.

The EDPB says that the Representative is responsible for non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative is not able to be sued by a person who believes that the data controller has failed to adhere to GDPR in the UK. The court ruled that the Representative was not in direct connection to the data processing activities of the entity being represented.

Who is responsible for appointing the UK Representative?

To be in compliance with the EU GDPR, businesses that are not part of the EU that market their products or services for European citizens, but do not have an office, branch or establishment within the EU must appoint an EU Representative. This is in addition to the requirements from national laws on data protection. The function of a representative is to serve as a local point of contact for supervisory authorities and individuals regarding GDPR compliance issues.

The UK has its own version to the EU requirements, as laid out in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organization that offers goods or services in the UK, or monitoring the behavior of the data subjects, has how to become an avon representative appoint an UK Representative.

According to the UK-GDPR a representative must be authorised in writing by the data subjects or the [British Information Commissioner's office] "to be contacted, in addition or alternately, on behalf the controller or processor". They cannot be held personally accountable for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and also receive communications from individuals who exercise their rights. ).

Representatives should be located in the state of the European Union in which the individuals whose personal data is processed reside. In the majority of cases, this isn't an easy choice to make. A careful business and legal analysis is required to assess the location(s) most appropriate for an organisation. We provide a specialized service to help companies determine their needs and select the most suitable representative choice.

It is also recommended that Representatives have experience interacting with both supervisory authority and handling data subject inquiries. Local language skills are also important since the job will be involving dealing with requests from supervisory authorities or data subjects in multiple countries across Europe.

The identity of the Representative should be disclosed to data subjects by including their contact information in privacy policies as well as the information provided to individuals before collecting their personal data (see Article 13 UK-GDPR). The UK Representative's contact information should be posted on your site, providing easy access for supervisory authorities to connect with them.

When is the best time to designate the UK Representative?

If your company is located outside the UK provides goods or services to individuals in the UK, or monitors their behavior and conducts surveillance, you may have to designate a UK Representative. The UK's Applied GDPR regime applies to non-UK established entities who are carrying out activities in the UK and has the same extraterritorial scope as EU GDPR (with limited exceptions). It is recommended that you take our free self-assessment to see whether you have this obligation.

A Representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to act on behalf of the party in relation to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK this would typically involve facilitating communication between the entity that appointed the representative and the Information Commissioner's Office or any data subjects affected in the UK. A Representative can be either an individual or a business that is established in the UK. The body that appointed them must inform data subjects that the Representative will be processing their personal data and ensure that the identity of the individual or company is readily accessible to supervisory authorities.

In accordance with Articles 13 and 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 people who have data in the UK. It must be clear that the job of a Representative is separate from and not compatible with that of a Data Protection Officer ("DPO") that requires a degree of autonomy and independence that cannot be offered by a Representative.

If you are required to appoint an UK representative it is recommended to do it as soon as you can. This is because the need for this comes 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 time.

What are the requirements for the designation of a UK Representative?

Under the UK data protection laws (and specifically article 27 of the UK GDPR) sale representatives are an individual or a company that is "designated in writing" by an entity that has no presence in the UK but is subject to the provisions of the law. The UK representative must be competent to represent the company in compliance with its obligations under the law and their contact details must be readily available to individuals within the UK who have personal information being processed by the non-UK business.

The person who is the UK Representative must be a senior employee of the foreign media or business organization and has been enlisted and taken on as an employee outside of the UK by the business or media organisation. The applicant must genuinely intend to be employed full-time as the UK representative for the business or media organisation, and they must not engage in any other business activities in the UK.

Additionally the visa holder must demonstrate that they possess the required skills and experience to fulfill their duties as a UK Representative, which will include acting as local point of contact for queries from data subjects and UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK laws regarding data protection to be competent to respond to requests and enquiries from data protection authorities and individuals exercising their rights.

As the Brexit process progresses and the process continues, it is likely that UK data protection laws will change over time. In the present, however it is expected of companies from outside the UK that conduct business in the UK and collect personal information on individuals within the UK to nominate UK Representatives.

This is because article 27 of the UK's GDPR, which was retained as an UK national law, requires entities without a UK-based presence to appoint an UK data protection representative. If you're unsure whether you're required to have a UK representative for data protection, it's recommended that you consult a qualified legal professional.