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What is a UK Representative?

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

What is what is a UK Rep?

A UK Rep is an individual or company designated by a product manufacturer to handle certain duties that are related to the compliance with UK product laws. In accordance with the specific product law, it may include the creation of 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 Representative.

UK Reps are needed by companies from outside Europe who wish to sell their products on the UK market in accordance with EU directives or UK laws. If you are a UK fulfilment service provider or shipping company or another company is chosen as an Authorised Rep, it must comply with EU directives and UK law. Authorised Rep it must also be in compliance with EU directives on safety of products and traceability, as well as UK law.

The EU GDPR is no longer in force directly in the UK due to Brexit. Companies wishing to operate within the UK must comply with the UK GDPR. These UK regulations have similar rules to those of the EU GDPR, but are adapted to be enforceable by the Information Commissioner's Office in the UK.

Under the UK GDPR the requirement is for companies that are not part of the EU to designate a representative in the UK to ensure they are able to communicate with authorities for data protection and individuals within the UK. The representative can be an individual or a company that is established in the UK and is capable of representing the company in regards to its obligations under the UK GDPR (e.g., a private company, law firm or consultancy).

A UK Representative is a unique job that requires someone familiar with the requirements of working with data protection authorities and dealing with requests from individuals. If a company is new to the compliance industry, it is recommended to find a knowledgeable UK Rep who can help in the initial setup and provide ongoing support when required. This can include assisting in the development of procedures documents, document templates, and training for company employees.

How do I nominate a UK Rep?

If your company conducts business in the EU it is required to have representatives (EU GDPR Article 3(2)). This requirement applies regardless of whether or there are offices in Europe. If you do not have become a rep presence in the EU yet you conduct business in the EU you'll need an EU and UK representative unless you only process very limited personal data of EU citizens. If you're a company that does not have offices in the EU but has business there, then you must have both an EU and UK rep unless the processing of personal information from people in the EU is extremely restricted.

If you are a non-EU company that offers goods or services to EU data subjects or monitors their behaviour you must appoint a representative in the UK (UK GDPR Article 27). This requirement applies regardless of whether your company is a controller of data or a data processor. The UK representative is required to represent your business in relation to your obligations under the GDPR, and act as a local contact point for individuals as well as the ICO.

The UK representative must be a company, or an organisation, based within the EEA and able to represent the company's obligations under GDPR. This is typically an independent law firm. However, it could be a private firm or a consultant. You can make the contact details of your representative easily accessible to EEA data subjects by publishing or incorporating privacy notices. This will allow data subjects from the EEA to reach out to the representative regarding their concerns with your business's handling of their personal data.

You must designate an official in writing, and you must state the conditions of your relationship with them. This is similar to a contract of service. The appointing entity remains accountable for the activities of their representative, which is crucial to keep in mind in context of the recent Rondon decision 2021 EWHC 1427.

There are exceptions however they are extremely restricted and are not often applicable. Public bodies and authorities and companies whose processing is occasional and at low risk are exempt from this requirement. Even if exemptions are granted it is crucial to carefully consider whether the GDPR requirements are still met.

What are the duties of a UK Rep?

A UK Rep is a person or organisation that acts as an intermediary to answer local data protection concerns from individuals or the ICO. A uk rep (browse around this site) may be an independent contractor or an employee. They can also be an entity with its headquarters in the UK such as a consultancy or law firm.

Article 27 of the GDPR defines the responsibilities of a UK Rep. This requires that all companies that are not located in the EU or those that provide products and services to or monitor the conduct of individuals in the UK and appoint a representative to act as a point of contact for the ICO.

A UK rep is the same as an EU authorized representative (EUAR) however, it only applies to the United Kingdom. EUARs are responsible for UK Rep ensuring compliance and providing information to MHRA.

However, the UKRP is more accountable in relation to the UK's newly-introduced Medical Device Regulation (MDR). A UKRP for instance is responsible for registering medical devices with the MHRA. They also act as a liaison between the manufacturer of the device and the MHRA. Additionally, a UKRP is responsible for the compliance of the company with the MDR.

A union rep, or steward is legally entitled to represent their members in the workplace and carry out other duties in the workplace. They are typically elected by the members concerned and can be voted on through a ballot or meeting. The appointment is typically announced to the employer by the union.

Travel agents employ holiday reps in their resorts abroad as well as in the UK during summer. Representatives receive training in the UK before being sent out to their resorts. This type of job usually requires the ability to work and travel abroad. Representatives are overseen by the company they work for and may be subject to performance appraisals. They may also receive a commission for bookings they make. The exact commission can vary but it is typically a percentage of the profits made by the tour company. It is crucial to make sure that the representative communicates this to their clients in a clear manner. This should be mentioned in the job description.

How do I find a UK Rep?

UK Data Protection law obliges companies located outside of the UK and offer products or services to, or monitor the behaviour of, individuals in the UK and appoint a UK representative. The representative is the primary contact between the data subjects and ICO (Information Commissioner's Office). The appointment of the UK Representative must be made in writing, and it must contain the terms of their relationship with you. The GDPR doesn't alter your obligation or responsibility due to having a Representative.

The requirement for a UK Representative is applicable to any non-EU manufacturer selling into the GB market, except Northern Ireland (which still requires an EU Authorised Representative). Any organization can be able to assume the function of UK Rep, as long they can prove that they can meet the specifications of relevant legislation and provide an efficient point of contact between the manufacturer and national market surveillance authorities or Notified Bodies. This includes, but is not restricted to:

In the case medical devices, an authorised representative would be a recognized Certification Company. For other products, the authorised representative may be become a rep from home distributor or UK rep sales agent.

You must make the contact details of your chosen UK Representative accessible to the data subjects (individuals) who have personal information you handle and make them easy to find. You can do this by putting the information in your privacy notice or by publishing the information on your website. You do not have to formally inform the ICO of your chosen representative however their contact information should be easily accessible to them.

The best option is to choose a reputable and well-established company, such as ProductIP who will act as your UK Authorised Representative. We have many years of experience working with both European and UK product legislation, providing a complete service for manufacturers looking to comply with their obligations under both the EU and GB regulations. Our team of experts is here to help you select a UK Rep, and provide the representation that market surveillance authorities and customers require.