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

Natacha has held a variety of senior roles in the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.

Businesses located outside the UK are required to adhere to UK privacy laws. They must designate a representative in the UK to serve as their point of contact for data subjects as well as the ICO.

What is an UK representative?

The UK Representative is an individual, a company or other entity that has been formally authorised by a data controller or processor to act on their behalf in relation to all matters around GDPR compliance. They will be the primary contact point for any inquiries from data subjects who exercise their rights or requests from supervisory authorities. They could be subject to national requirements that have been put in place because of the GDPR's extraterritorial scope (see the UK case Rondon against LexisNexis Risk Solutions).

The appointment of Representatives is required under Article 27 of the EU GDPR, and the UK equivalent section 3(2) of the Data Protection Act 2018. This requirement is applicable to all entities that do not have a permanent presence in the United Kingdom but offer goods or cctvnara.net services or control the conduct of people who are located in the United Kingdom, or who handle personal data. The Representative must be able proof of their identity and that they are able of representing the controller or processor of data in relation to the UK GDPR's obligations.

As well as acting as a means for individuals to exercise their GDPR rights and rights, the representative must be in a position to communicate with authorities in the event of an incident. This is because the Representative has to submit a notification to the supervisory authority who appointed them, regardless of whether the breach affects data subjects across different jurisdictions.

It is recommended that your representative has worked with both European and UK-based data protection authorities. It is also important that they are fluent in the local language as they are likely to receive calls from both individuals and data protection authorities in the countries in which they operate.

The EDPB declares that the representative avon is accountable for non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative can't be sued by anyone who believes that the data controller has failed to adhere to GDPR in the UK. The court ruled that the Representative did not have a direct connection to the processing of data by the represented entity.

Who should be appointed the UK Representative?

To be in compliance with the EU GDPR, companies outside of the EU who are aiming their goods or services for European citizens, but do NOT have an office, branch or establishment within the EU must designate an EU Representative. This is in addition to requirements of national data protection laws. The function of a representative is to be an individual point of contact for individuals and supervisory authorities regarding GDPR compliance issues.

The UK has similar requirements to the EU, which is outlined in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organisation offering goods or services in the UK or monitoring the conduct of the data subjects, has to appoint an UK representative.

Under the UK-GDPR, a Representative must be appointed in writing "to be additionally or alternatively addressed, on behalf of the controller or processor by data subjects and the [British Information Commissioner's Office]". They are not able to be held personally liable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in official proceedings, and receive messages from those who exercise their rights. ).

Representatives must be situated within the EU member state in which the individuals whose data are being processed reside. Most of the time, this isn't an easy choice to make and a thorough analysis of legal and business aspects is required to assess the location(s) most suitable for an organisation. This is why we provide an individualized service that assists companies in assessing their requirements and choosing the best option for them.

It is also advisable that Representatives have experience in dealing with supervisory authorities and handling data subject requests. Local language skills are also important since the role is likely to include dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.

The identity of the sales representative jobs near me should be clarified to the individuals who are data subjects by incorporating their contact information in privacy policies as well as the information provided to individuals before collecting their personal data (see Article 13 UK-GDPR). Contact information for the UK Representative should be posted on your website so that supervisory authorities are able to easily contact them.

When do you have to designate a UK Representative?

If your business is located outside of the UK and offers products or services in the UK or monitors the conduct of individuals, you could be required to designate a UK Representative. The UK's Applied GDPR regime applies to established companies outside the UK that conduct business in the UK and has the same extraterritorial scope as the EU GDPR (with certain exceptions). You can take our no-cost self-assessment to see whether you are subject to this obligation.

A representative is appointed by the party appointing under an agreement of service to act for that party in relation to specific obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal of this would be 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 individuals who are data individuals that their personal information will be processed by the Representative. The identity of the person or company should be readily available to supervisory authorities.

The appointing entity must also provide the contact information of its representative to the ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of the UK GDPR. It must be clear that the function of a Representative is separate from and not compatible with the duties of a Data Protection Officer ("DPO"), which requires a level of independence and autonomy that cannot be provided by a representative.

If you have to nominate an official from the UK representative and you are required to do so, you must do it as soon as possible. This is because the need for this comes immediately upon Brexit (if there is 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?

Under the UK law on data protection (and specifically article 27 of the UK GDPR) 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 requirements of the law. The UK representative must be able to represent an entity with respect to its legal obligations. Their contact details should also be readily available to UK residents whose personal details are processed by a non-UK business.

The individual who is the UK Representative must be a senior employee of the foreign media or business organisation and has been enlisted and appointed as an employee outside of the UK by that business or media organisation. The applicant for the visa must be planning to work as the UK representative for the media or business organisation full-time and must not engage in other business activities outside of the UK.

The applicant also has to demonstrate that they have the knowledge and experience required to perform their role as UK representative, which involves acting as an individual contact point for individuals who are data subjects as well as UK authorities for data protection. This is to ensure that the UK Representative is knowledgeable of and experience with UK data protection laws, and can be able to respond to requests from individuals exercising their rights under the law, as well as any other inquiries or requests received from data protection authorities.

As the Brexit process continues it is expected that the UK laws regarding data protection will evolve in the future. At the moment it is expected that non-UK businesses who do business in the UK and handle personal data of individuals in the UK will need to appoint an official from the UK Representative.

This is because article 27 of the GDPR law in the UK that was adopted as an UK national law, requires companies without a UK-based presence to appoint a UK representative for data protection. If you are unsure of whether you are required to designate the position of a UK representative for data protection It is suggested that you consult an experienced lawyer.