공지사항

What is a UK Representative?

UK offers a number of retirement savings options, including the option of a match contribution of 5 percent of your earnings. Learn more about our benefits.

According to EU directives and UK legislation, manufacturers who are not located within the EU must nominate an Authorised Representative (EC Rep) and/or a UK Rep. Exceptions do exist.

What is a UK Rep?

A UK Rep is an individual or company appointed by a product manufacturer to take on certain responsibilities related to compliance with UK product laws. Depending on specific product legislation such as drafting UK Declarations of Conformity (DCC) for medical devices, or serving as the initial point of contact with the MHRA. A Responsible Person is commonly known as an Authorised Rep.

UK avon reps are required for companies from outside Europe who want to sell their products on the UK market under EU directives or UK law. If the fulfillment service provider or shipping company located in the UK is assigned as an Authorised Rep, it is also required to adhere to EU directives and UK laws regarding safety of products and traceability.

With the Brexit and the departure of the EU GDPR, the EU GDPR is no longer in direct use in the UK businesses that wish to operate in the UK must adhere to a new set of data protection laws referred to as the UK GDPR. These UK regulations are similar to the EU GDPR but are adapted so that they can be enforced by the Information Commissioner's Office.

Under the UK GDPR, it is necessary for organizations that are not located in the EU to designate an official in the UK to ensure that they can communicate with the authorities in charge of data protection and with individuals in the UK. The representative could be an individual or a business which is based in the UK and capable of representing the business in regards to its obligations under the UK GDPR (e.g. an individual, a private firm or law firm, or a consultancy).

A UK Representative is an important role that requires someone with expertise in working with data protection authorities, and handling requests by individuals. If an organization is new to the field of compliance it is advised to find a knowledgeable UK Rep who can help in the initial setup and provide ongoing support when required. This could include helping in the development of procedures, document templates, and training for company employees.

How do I choose a UK Rep?

If your business is in the EU it is required to have a representative (EU GDPR Article 3(2)). This requirement applies regardless of whether you have offices in the EU or not. If you're a business with no offices in the EU however, you do business in the EU, you must have both an EU and UK rep, unless your processing of personal data from individuals in the EU is extremely restricted. If you're a business that doesn't have offices in the EU but conducts business there and is based in the EU, you must have both an EU and UK rep unless your processing of personal data from people within the EU is very limited.

If you are an EU business that provides goods and services to EU data subject or monitors their behaviour you must designate a representative who is located in the UK. (UK GDPR article 27). This requirement is applicable regardless of whether you're become a rep data controller or processor. The UK representative should be able to represent your company in relation to the GDPR's obligations and act as the point of contact for individuals and the ICO.

The UK representative must be a company, or a company, that is based within the EEA and capable of representing the company's obligations under GDPR. Typically, this is an independent law firm, but it could also be a consultant or private firm. You can make the contact information of your representative readily available to EEA data subjects by publishing or including privacy notices. This will allow EEA data subjects to contact your representative if they have any questions they might have regarding the way in which you handle their personal data.

You must designate an official in writing, and you should outline the conditions of your relationship with them. This is similar to a service contract. It is crucial to remember that the party appointing you is accountable and accountable to the actions of its representative. This is particularly true following the recent Rondon 2021 EWHC1427 judgment.

There are some exceptions to the requirement to choose the UK Representative, but they are relatively narrow and rarely are used. This obligation does not apply to public authorities, organizations or companies that handle data only infrequently and with minimal risk. Even if exemptions are granted it is crucial to take a careful look at whether the GDPR's requirements are still met.

What are the responsibilities a UK Rep has?

A UK Rep is an individual or an organisation that serves as the contact point for local inquiries about data protection from individuals or the ICO. A UK Rep can be an employee or an independent contractor. They could be an entity based in the UK such as a consulting or law firm.

Article 27 of the GDPR outlines the responsibilities of a UK Rep. This requires that all companies outside of the EU, or that offer products and services to, UK Rep or monitor the behaviour of individuals in the UK, appoint representatives to act as a contact point for the ICO.

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

A UKRP has more responsibilities in relation to the UK's new Medical Device Regulation. A UKRP for instance is responsible for registering medical devices with the MHRA. They also serve as an intermediary between the maker of the device and MHRA. A UKRP is also accountable for the compliance of the organization with MDR.

Similarly, a union rep, also known as a Steward is legally entitled to represent their members at work and also perform other duties at work. Typically, they are appointed by the relevant members and can be elected at a meeting or by ballot. The union usually informs the employer of the appointment.

Tour operators hire holiday representatives to work in their resorts in the UK and abroad during the summer months. Representatives are trained in the UK and then sent to their resorts. They usually require prior experience working and traveling across the world. The company that they work for may supervise them and give them reviews of their performance. They may also be paid a commission on bookings they make. The exact commission is variable, but it is usually a percent of the tour operator’s profit. It is important to make sure that the representatives communicate this to their clients in a clear manner. In the ideal scenario, this information should be made explicit in the terms and conditions of the role.

How do I find the UK Rep?

UK Data Protection Law obliges companies based outside of the UK that provide goods or services, or monitor the behavior of individuals within the UK are required to appoint UK Representatives. The representative is the primary contact between data subjects as well as the ICO (Information Commissioner's Office). The appointment of your UK Representative must be in writing and set out the terms of your relationship with them. The GDPR doesn't alter your liability or responsibility due to having a representative.

All non-EU companies that sell their products to the GB Market are required to have an 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 they can prove that they are able to meet the specifications of the relevant legislation and providing an efficient point of contact between the manufacturer and national market surveillance authorities or Notified Bodies. This includes but is not only limited to:

In the case medical devices, a representative authorized would be a reputable Certification Company. For other products, it may be the distributor or sales agent.

You should make the contact information of your chosen UK Representative accessible to data subjects (individuals) whose personal data you handle and make them easy to locate. This can be done by including them in your privacy notice or putting them on your website. You don't have to inform the ICO formally of your chosen representative however their contact information should be readily available to them.

It is best to select an established and experienced organisation such as ProductIP, as your UK Authorised Rep. We have extensive knowledge of European and perfume UK legislation. We provide a comprehensive service for manufacturers seeking to fulfill their obligations under EU and GB regulations. Our team of experts is available to assist you in choosing the right UK Rep, and provide the representation that market surveillance authorities and customers demand.