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

Natacha has held a number 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 international trade policy and issues related to development.

Businesses located outside the UK are obliged to comply with UK privacy laws. They must appoint a Representative in the UK to act as their point of contact for data subjects and the ICO.

What is an UK Representative?

The UK Representative is avon become a representative person, business or organization that has been mandated by a data processor or controller to act on their behalf on all matters related to GDPR compliance. They will be the primary point of contact for 61.100.0.174 enquiries from individuals exercising their rights, or requests from supervisory authorities. They may also be subject to national requirements which have been implemented in light of the GDPR's extraterritorial reach (see the UK case Rondon v LexisNexis Risk Solutions).

The appointment of Representatives is required by Article 27 of the EU GDPR, and the UK equivalent Section 3(2) of the Data Protection Act 2018. The requirement applies to any company that does not have a separate establishment within the United Kingdom and that offers goods or services to or monitors the behavior of individuals residing in the United Kingdom, or that handles personal data of these individuals. The Representative must be able prove their identity, and also prove that they can represent the data processor or controller in relation to UK GDPR requirements.

The Representative must also be able to communicate with authorities if there's a breach. This is because the Representative needs to send a notice to the supervisory authority that appointed them, regardless of whether the breach affects the data subject across different jurisdictions.

It is important that the representative you choose has experience working with both European and UK authorities for data protection. It is also recommended to have a local language proficiency because they are likely to receive calls from both individuals and data protection authorities in the countries in which they work.

The EDPB declares that the Representative is accountable for any non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative is not able to be sued by a person who believes that the controller of the data has failed to comply with GDPR in the UK. The court concluded that the Representative had no direct connection to the data processing activities of the represented entity.

Who needs to appoint a UK Representative?

In order to comply with the EU GDPR, businesses outside of the EU who are aiming their goods 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 the requirements from national laws regarding data protection. The role of a representative is to be an individual point of contact for supervisory bodies and individuals in relation to GDPR issues.

The UK has its own version to the EU requirement, which is set in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any company offering goods or services in the UK or monitoring the behaviour of the data subjects, has to appoint an UK avon representative.

According to the UK-GDPR a representative must be approved in writing by the data subject or the [British Information Commissioner's Officeto be able "to be addressed, additionally or alternatively, on behalf the controller or processor". They cannot be held personally accountable for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and receive notifications from individuals who exercise their rights. ).

Representatives should be based in the member state of the European Union in which the individuals whose personal data is processed are residents. This is not a simple decision that requires an in-depth legal and business analysis to determine the right location for a company. We provide a service that assists businesses to determine their needs and select the best representative option.

It is also advisable that Representatives have experience in interacting with both supervisory authorities and dealing with requests from data subjects. The ability to communicate in a local language is frequently important as the role is likely to include dealing with inquiries from data subjects or supervisory authorities across Europe.

The identity of the Representative should be disclosed to data subjects by including their information in privacy policies as well as the information given to individuals prior to collecting their data (see Article 13 of the UK-GDPR). Contact information for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.

When is the best time to appoint an UK Representative?

If your company is located outside of the UK, offers goods or services to customers in the UK or monitors their behaviour and conducts surveillance, you may have to designate the position of a UK Representative. The UK's applied EU GDPR regime is available to non-UK established entities that conduct business in the UK. It has the same extraterritorial reach as EU GDPR, with some exceptions. You should take our free self-assessment to see whether you are required to comply with this requirement.

A Representative is mandated by the entity that appointed them under an agreement to act on behalf of the entity in relation to a number of its obligations under the UK and EU GDPR, if applicable. In the UK it would involve facilitating communication between the appointing entity and Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a UK-based company. The appointing body must inform the subjects of data that the Representative will be processing their personal data and that the identity of the person or company is readily accessible to supervisory authorities.

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

If you have to designate an UK representative and you are required to do so, you must do it in the earliest time possible. This is due to the fact that this requirement arises either immediately after Brexit (if it's an "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or "with deal". There is no grace period.

What are the requirements for the designation of a UK Representative?

Under the UK data protection laws (and specifically article 27 of the UK GDPR) sales representatives jobs are an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the rules of the law. The UK representative must be capable of representing the entity in compliance with its legal obligations and their contact details should be made readily available to those who reside in the UK who have personal information being an avon representative processed by a non-UK company.

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

In addition, the visa applicant must demonstrate the necessary skills and experience to fulfill their duties as a UK Representative, which will include acting as the local contact for inquiries from data subjects and UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK data protection laws 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 likely that the UK laws on data protection will evolve over time. However, at present it is expected for companies that are not based in the UK, but do business in the UK, and process personal information on individuals within the UK, to appoint UK Representatives.

This is because the UK GDPR mandates that all entities without a UK presence must appoint a representative in accordance with article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you're not sure whether you should nominate an UK data protection representative It is suggested that you consult an experienced lawyer.