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

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Companies that are located outside of the UK are obliged to comply with UK privacy laws. They must appoint a representative in the UK to serve as their point of contact for data subjects and the ICO.

What is what is a UK Representative?

The UK Representative is an individual, a company or organisation mandated in writing by a data controller or processor to act on behalf of the controller or processor in relation to the GDPR's compliance issues in general. They will be the main point of contact for queries from individuals exercising rights or requests from supervisory authorities. They may also be subjected to national regulations that have been implemented due to the GDPR’s extraterritorial scope (see the UK case Rondon against LexisNexis Risk Solutions).

The EU GDPR Article 27 and its UK equivalent, Section 3.2.2 of the Data Protection Act 2018, require the appointment of an official representative. The requirement applies to any entity that does not have its own 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 proof of their identity and that they are capable of representing the controller or processor of data in respect to the UK GDPR's obligations.

In addition to serving as a platform for bottlebee.phasecommu.com individuals to exercise their rights under GDPR and rights, Sales Representative the representative must be capable of communicating with authorities in the event of an incident. The representative must notify the supervisory authority who appointed them, regardless of whether the breach affects data subjects in multiple jurisdictions.

It is recommended that your Representative has experience of working with both European and UK-based data protection authorities. It is also recommended for them to be proficient in local languages since they are likely to receive calls from individuals and data protection agencies in the countries where they operate in.

While the EDPB states that the Representative will be held liable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the data controller's alleged failure to comply with the UK GDPR. This is because according to the court, the Representative has no direct connection to the data processing activities carried out by the represented entity.

Who is required to appoint a UK Representative?

To comply with the EU GDPR, businesses outside of the EU that are targeting goods or services for European citizens, but do not have an office, branch or establishment in the EU must designate an EU Representative. This is in addition to the requirements of the national data protection laws. The role of a representative is to serve as the local point of contact for individuals and supervisory bodies regarding GDPR-related issues.

The UK has its own equivalent to the EU requirement, which is set out in Article 27 of the UK-GDPR. As with the EU requirement, the threshold is low for any company that provides products or services to, or monitors the behaviour of data subjects within the UK must designate an official from the UK Representative.

In accordance with the UK-GDPR, a representative must be authorised in writing by the data subjects or the British Information Commissioner's Officeto be able "to be contacted, further or alternatively, on behalf the controller or processor". They are not able to be held personally liable for the GDPR's compliance. However, they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects exercising their rights (access request or right to be forgotten, etc. ).

Representatives must be situated within the EU member state in which the individuals whose data are being processed are. Most of the time, this will not be an easy choice to make. A careful analysis of the legal and business context is required to determine the location(s) most suitable for an organization. We offer a dedicated service that assists businesses to evaluate their needs and select the most appropriate representative location.

It is also recommended that Representatives have experience interacting with both supervisory authority and handling data subject inquiries. Local language skills are also often of importance as the job will involve dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.

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

When do you have to designate a UK Representative?

If your company is located outside the UK offers products or services to people within the UK, or monitors their behaviour and conducts surveillance, you may have to select the position of a UK Representative. The UK's Applied GDPR system is applicable to established non-UK entities that conduct business in the UK and has the same extraterritorial scope as EU GDPR (with certain 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 appointing party under an agreement of service to act on behalf of the party in relation to specific obligations under the UK GDPR and EU GDPR, if 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 data subjects affected in the UK. A Representative can either be an individual or a company based in the UK. The appointing body must inform the data subjects that their personal information will be processed by the Representative and the identity of the individual or company has to be easily accessible to supervisory authorities.

The entity that is appointing the representative must provide the contact information of its Representative to the ICO and the data subjects that are affected in the UK in accordance with Article 13 as well as 14 of UK GDPR. It is essential to clarify that the role of a representative is different from that of a Data Protection Officer (DPO) which requires a level of autonomy and independence that is not achievable for representatives.

If you are required to appoint an UK representative It is advised to do it as soon as possible. This is because this requirement arises either immediately after Brexit (if it is a "hard" or "no deal" Brexit) or sales representative jobs near me (https://28.biqund.com/index/d1?diff=0&utm_source=ogdd&utm_campaign=26607&utm_content=&utm_clickid=co4kws0w4ocscgck&aurl=https%3a%2f%2fwww.reps-r-us.co.uk%2fbarnehurst-avonrepresentative%2f&an=&utm_term=&site=) following an implementation period (if it's an "soft" or "with deal". There is no grace period.

What are the requirements for a UK Representative?

According to UK data protection laws, a representative is a person or a company who is "designated" in writing by a company that does not have a physical presence in the UK however is subject to the law. The UK representative is required to be able represent an entity in relation to its legal obligations. The contact information of the representative should also be available to UK residents whose personal data are being processed by a non-UK company.

The person who is the UK Representative must be a senior member of the media or business organisation and has been hired and taken on as an employee outside the UK by the media or business organisation. The visa 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 ventures in the UK.

Additionally, the visa applicant must prove that they have the required skills and experience to fulfill their duties as UK Representative which includes serving as the local point of contact for queries from data subjects and UK data protection authorities. This is to ensure that the UK Representative has sufficient knowledge of and expertise in the UK data protection laws, and is able to respond to requests from individuals exercising their rights under the law and any other inquiries or requests received from data protection authorities.

As the Brexit process continues it is likely that the UK data protection laws will evolve over time. At present, it is expected that non-UK businesses who do business in the UK and collect personal information of individuals within the UK will be required to appoint an official from the UK representative.

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 retained as a law of the nation in the UK. If you're not sure whether you need a UK representative for data protection It is recommended to consult a qualified legal professional.