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

Natacha has served in various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director n0.ntos.kr for Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.

Companies that are not based in the UK must adhere to UK privacy laws. They must choose an official in the UK who will serve as their point-of-contact for people who are data subjects and ICO.

What is an UK representative?

The UK Representative is an individual, company or organisation that is formally mandated by become a avon representative data controller or processor to act on behalf of the controller or processor in the GDPR's compliance issues in general. They will be the primary contact for any queries from data subjects exercising their rights, or for requests from supervisory authorities. They may also be subject to national requirements that were enacted in light of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).

The appointment of Representatives is required by 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 its own place of business within the United Kingdom and that offers services or goods or monitors the conduct of individuals located in the United Kingdom, or that manages personal data of those individuals. The representative must provide proof of their identity and prove that they can be the controller or processor of data in relation to UK GDPR obligations.

In addition to serving as a platform for individuals to exercise their rights under GDPR and rights, the representative must be in a position to communicate with authorities in the event of a breach. This is because the Representative has to make a formal notification to the supervisory authority who appointed them, regardless of whether the breach impacts the data subject across multiple jurisdictions.

It is essential that the representative you select has worked with both European and UK data protection authorities. It is also recommended for them how to become an avon representative be proficient in local languages since they are likely to receive calls from individuals and data protection agencies in the countries they work in.

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 established that a Representative cannot be sued by an individual for the data controller's apparent failure to adhere to the UK GDPR. The court concluded that the Representative had no direct connection with the processing of data by the represented entity.

Who needs to appoint the UK Representative?

In order to comply with the EU GDPR, businesses that are not part of the EU that market their products or services to European citizens, but do NOT have a branch, office or establishment in the EU must designate an EU Representative. This is in addition to requirements from national data protection laws. The purpose 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 version to the EU requirement, which is set out in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organization 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 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[British Information Commissioner's Office]". They are not permitted to be personally accountable for compliance with the GDPR. They must however cooperate with supervisory authorities during formal proceedings, and also receive communications from individuals who exercise their rights. ).

Representatives must be situated within the EU member state in which the individuals whose data is being processed reside. In the majority of cases, this isn't a straightforward decision to make and a careful business and legal analysis is required to determine the location(s) most appropriate for an organisation. We provide an unrivalled service to assist companies in assessing their requirements and deciding on the most appropriate Representative option.

It is also recommended that representatives have previous experience in dealing with supervisory authorities as well as dealing with inquiries from data subjects. Language skills in the local language can also be essential, as the job could involve handling inquiries from data subjects or supervisory authorities across Europe.

The identity of the representative should be made known to the individuals who are the data subjects via privacy policies and information provided before collecting data (see article 13 in the UK-GDPR). Contact information for the UK Representative should be published on your website so that supervisory authorities can easily contact them.

When is the best time to appoint the UK Representative?

If your organisation is based outside of the UK provides goods or services to customers who reside in the UK or monitors their behavior and conducts surveillance, you may have to select the position of a UK representative. The UK's applied EU GDPR regime is applicable to non-UK established entities that conduct business in the UK. It has the same reach as EU GDPR, with limited 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 the terms of a contract of service. The representative is appointed to represent that party with respect to certain obligations under the UK GDPR and EU GDPR, as 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 company that is established in the UK. The entity that is appointing the representative must make it clear to the data individuals that their personal information will be processed by the Representative and the identity of that person or company should be made easily 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 as well as the individuals who are data subjects in the UK. It must be clear that the function of a Representative is different from and incompatible with that of a Data Protection Officer ("DPO") that requires a level of autonomy and independence that cannot be provided by a Representative.

If you are required to designate a UK representative It is advised to do so as quickly as you can. This is due to the fact that this requirement is required either immediately following Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or a "with deal". There is no grace period.

What are the requirements to be a UK representative?

According to UK laws on data protection A representative is a person, or a business who is "designated" in writing by an entity which does not have a physical presence in the UK however is subject to the law. The UK representative must be competent to represent the company in compliance with its legal obligations and their contact details must be readily accessible to anyone who reside in the UK who have personal information being processed by the non-UK company.

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

The applicant also has to prove that they have the knowledge and experience required to perform their role as UK representative, which involves acting as a local point of contact with individuals who are data subjects as well as UK authorities for data protection. This is to ensure that the UK Representative is well-informed 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 and any other requests or enquiries received from data protection authorities.

As the Brexit process continues it is expected that the UK laws regarding data protection will evolve over time. At the moment, however it is expected for companies that are not based in the UK, but do business in the UK and handle personal data of individuals in the UK, to appoint UK representatives.

It is because article 27 of the UK's GDPR, which was retained as a UK national law, requires all entities that do not have a UK-based presence to appoint an UK representative for data protection. If you're not sure whether you need a UK data protection rep It is recommended to consult a qualified legal professional.