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

Natacha has served in several senior positions within the Foreign Office, including as Deputy Ambassador for China and Director responsible for Economic Diplomacy and Emerging Powers. She has also been involved in international trade policy and issues related to development.

Businesses that operate outside of the UK must comply with UK privacy laws. They must designate an agent in the UK who will be their point of contact for people who are data subjects and ICO.

What is a UK become avon representative?

The UK Representative is an individual, a company or other entity that has been formally authorised by a data controller or processor to act on behalf of the controller or processor in all aspects of GDPR compliance. They will be the main contact for all inquiries from data subjects exercising rights or requests from supervisory authorities. They could be subject to national regulations that have been put in place due to the GDPR’s extraterritorial scope (see the UK case Rondon against LexisNexis Risk Solutions).

The appointment of Representatives is required under 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 entity that does not have its own establishment within the United Kingdom and that offers goods or services or monitors the conduct of individuals residing in the United Kingdom, or that processes personal data of such individuals. The Representative must be able to provide evidence of their identity and that they are able of representing the data controller or processor in relation to the UK GDPR's requirements.

The representative must be able to communicate with authorities in the event of a breach. This is because the Representative needs to make a formal notification to the supervisory authority who appointed them regardless of whether the breach affects the data subject across multiple jurisdictions.

It is recommended that your representative has worked with both European and UK-based authorities for data protection. It is also desirable for them to have local language abilities, as they will likely receive contact from individuals and agencies in the countries where they work in.

The EDPB declares that the Representative is accountable for any non-compliance. However the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative cannot be sued by someone who believes the controller of the data has failed to adhere to GDPR in the UK. The court ruled that the Representative was not in direct connection to the processing of data by the entity being represented.

Who is responsible for appointing the UK Representative?

To comply with the EU GDPR, companies outside of the EU who are aiming their goods or services towards European citizens, but do not have a branch, office or establishment within the EU must designate an EU Representative. This is in addition to requirements of national laws on data protection. The function of a representative is to serve as the local point of contact for supervisory authorities and individuals regarding GDPR compliance issues.

The UK has its own equivalent to the EU requirement, set in Article 27 of the UK-GDPR. Similar to the EU requirement the threshold is not high for any company that provides products or services to, or monitors the behavior of data subjects within the UK must appoint 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 Officethe [British Information Commissioner's Office]". They are not personally responsible for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and also receive communications from data subjects who exercise their rights (access request, 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 reside. 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 suitable for an organisation. We offer a dedicated service that assists businesses to determine their needs and select the most suitable representative choice.

It is also recommended that Representatives have experience interacting with both supervisory authority and handling inquiries from data subjects. The ability to communicate in a local language could be important, as the role may involve dealing with requests from data subjects or supervisory authorities in a variety of countries across Europe.

The identity of the Representative should be clarified to the data subjects by including their details in privacy policies as well as the information provided to individuals before collecting their personal data (see Article 13 of the UK-GDPR). Contact information for the UK Representative should be published on your website so that supervisory authorities are able to easily reach them.

When do you have to nominate the UK Representative?

If your organisation is located outside of the UK and offers products or services in the UK or monitors the behaviour of individuals, you may be required to appoint an UK Representative. The UK's Applied GDPR regime applies to non-UK established entities that are conducting business in the UK and has the same scope of extraterritorial application as the EU GDPR (with certain exceptions). It is recommended that you take our free self-assessment to see whether you are required to comply with this requirement.

A representative is authorised by the entity that appointed them under an agreement to represent the entity with respect to certain of its obligations under the UK and EU GDPR, if applicable. In the UK, the main purpose of this is to facilitate communication between the party that appointed and the Information Commissioner's Office (ICO) or any data subjects affected in the UK. A Representative can be either an individual or a company that is established in the UK. The appointing body must make it clear to data individuals that their personal information will be processed by the Representative. The identity of that individual or company must be easily accessible to supervisory authorities.

According to Articles 13 and sales-representative - simply click the following site - 14 of the UK GDPR, the appointing entity is also required to provide the contact details of its representative to the ICO as well as to people who have data in the UK. It must be made clear that the role of a representative is distinct from the role of the position of a Data Protection Officer (DPO) which requires a level of independence and autonomy that is not achievable for a representative.

If you need to appoint a UK representative it is recommended to do so as quickly as you can. This is because the requirement arises immediately after Brexit (if there is an 'hard' or 'no deal' Brexit) or after an implementation period (if there is a'soft' or "with deal" Brexit). There is no grace period.

What are the requirements for a UK Representative?

According to UK laws on data protection the definition of a representative is a person, or a business who is "designated" in writing by an entity that has no physical presence in the UK however is subject to the law. The UK representative is required to be able represent an entity with respect to its obligations under law. Contact details for representatives should also be available to UK residents whose personal information are processed by a business that is not a 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 taken on as an employee outside the UK by the media or business. The person applying for the visa must intend to work full-time as the UK representative for the media or sales-representative business organisation, and they must not engage in any other business activities in the UK.

The visa applicant also needs to prove that they have the skills and experience required to perform their duties as UK representative, which includes acting as the local point of contact with individuals who are data subjects as well as UK authorities responsible for data protection. This is to ensure that the UK Representative is knowledgeable of and understanding of the UK data protection laws and is able to respond to requests from individuals exercising their rights under the law in addition to any other requests or enquiries received from data protection authorities.

As the Brexit process continues it is likely that the UK data protection laws will evolve in the future. However, at present, it is expected for non-UK companies that do business in the UK, and process personal data on individuals in the UK to nominate UK Representatives.

It is because article 27 of the GDPR in the United Kingdom that was adopted as a UK national law, requires all entities that do not have having a presence in the UK to appoint a UK data protection representative. If you're not sure if you're required to have a UK data protection rep it is advised to consult an experienced legal advisor.