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

Natacha has held several senior positions within the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.

Businesses established outside of the UK must comply with UK privacy laws. They must appoint an official in the UK who will act as their point-of-contact for people who are data subjects and ICO.

What is an UK representative?

The UK Representative is a person, company or organisation that has been mandated by a data processor or controller to act on behalf of the controller or processor on all matters related to GDPR compliance. They will be the primary contact for any queries from data subjects exercising their rights, or requests from supervisory authorities. They may also be subject to national requirements that have been enacted as a result 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 a representative. This requirement applies to all organizations that do not have a permanent establishment in the United Kingdom but offer goods or services, or monitor the behavior of individuals located there or handle personal data. The representative must be able to show proof of their identity and that they are capable of representing the data controller or processor in relation to the UK GDPR's requirements.

In addition to serving as a means for individuals to exercise their rights under GDPR 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 make a formal notification to the supervisory authority that appointed them, regardless of whether the breach impacts individuals across multiple jurisdictions.

It is essential that the representative you select has worked with both European and UK authorities for data protection. It is also recommended to are fluent in the local language because they are likely to receive calls from both individuals and data protection authorities in the countries in which they work.

While the EDPB states that the Representative must be held liable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the alleged failure to comply with the UK GDPR. This is due to the fact that according to the court, the Representative has no direct connection to the data processing activities carried out by the representative entity.

Who is required to appoint the UK Representative?

In order to comply with the EU GDPR, businesses that are not part of the EU who are aiming their goods or services to European citizens, but do NOT have an office, branch or establishment within the EU must appoint an EU Representative. This is in addition the requirements of the national data protection laws. The function of a representative is to be the local point of contact for supervisory authorities and individuals with respect to GDPR compliance issues.

The UK has its own equivalent to the EU requirements, as laid in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organisation that offers goods or services in the UK or monitoring the behaviour of individuals who are data subjects, must designate 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[British Information Commissioner's Office]". They are not personally accountable for GDPR compliance. However, lasemilla.co.kr they must cooperate with supervisory authorities in official proceedings and receive information from data subjects exercising their rights (access request and right to be forgotten, etc. ).

Representatives should be located in the member state of the European Union in which the individuals whose personal data is processed are resident. Most of the time, this isn't a straightforward decision to make, and a careful analysis of the legal and business context is required to assess the location(s) most appropriate for an organization. We offer a dedicated service to help companies determine their needs and select the best representative option.

It is also recommended that representatives have experience working with both supervisory authority and handling inquiries from data subjects. The ability to communicate in a local language could be essential, as the job could involve dealing with inquiries by supervisory authority or data subjects in multiple countries throughout Europe.

The identity of the representative should be disclosed to individuals who are the data subjects via privacy policies and information provided prior to the collection of data (see article 13 UK-GDPR). The UK Representative's contact details should be posted on your site, providing an easy way for supervisory authorities to contact them.

When do you need to appoint a UK Representative?

If your business is based outside of the UK provides products or services to people within the UK, or monitors their behavior, you may need to select the position of become a avon representative UK representative. The UK's Applied GDPR system is applicable to established non-UK entities who are carrying out activities in the UK and has the same extraterritorial scope as EU GDPR (with certain exceptions). You should take our free self-assessment to determine if you are required to comply with this requirement.

A Representative is appointed by the party appointing 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 it would involve facilitating communication between the entity that appointed the representative and the Information Commissioner's Office or any data subjects that are affected in the UK. A Representative can either be an individual or a UK-based company. The appointing body must inform data subjects that the representative will be processing their personal information and that the identity of the individual or cn.dreslee.com company is readily available to supervisory authorities.

The entity that appointed the representative must provide the contact information of its representative to the ICO and data subjects affected in the UK in accordance with Article 13 and 14 of UK GDPR. It must be clear that the role of a Representative is different from and not compatible with the role of a Data Protection Officer ("DPO"), which requires a level of independence and autonomy that cannot be offered by a Representative.

If you have to appoint an UK representative, it is best to do so as quickly as you can. This is because the obligation is either immediately following Brexit (if it's an "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 prerequisites to becoming a UK representative?

Under the UK law 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 does not have a 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 details must be readily accessible to those within the UK who have personal data being processed by the non-UK-based business.

The UK Representative must be an overseas senior member of a media or business company and has been recruited and employed as an employee of the media or business organization outside the UK. The applicant must genuinely intend to be employed full-time as the UK Representative for the business or media company, and must not engage in any other business ventures in the UK.

The visa applicant also needs to prove they have the knowledge and experience required to perform the role of a UK representative, which entails serving as a local point of contact for individuals who are data subjects as well as UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK laws regarding data protection to be able to respond to any inquiries and requests from data protection authorities as well as individuals exercising their rights.

As the Brexit process continues it is expected that the UK laws on data protection will evolve as time passes. However, at present it is expected of companies that are not based in the UK, but do business in the UK and collect personal data of individuals in the UK, to appoint UK representatives.

This is because article 27 of the UK's GDPR which was enacted as a UK national law, requires entities without a UK-based presence to appoint a UK representative for data protection. If you are unsure of whether you are required to nominate the position of a UK representative for data protection It is suggested that you speak to an experienced legal advisor.