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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 the Deputy Ambassador for China and Director for Economic Diplomacy and UK representative Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that operate outside of the UK must comply with UK privacy laws. They must appoint an official in the UK who will be their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is a person, company or other entity that has been authorised by the controller or data processor to act on behalf of the controller or processor on all matters relating to GDPR compliance. They will be the primary contact point for any queries from individuals who exercise their rights or requests from supervisory authority. They could also be subject to national laws that have been put in place because of the GDPR's extraterritorial reach (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 a representative. This requirement applies to all companies that do not have a permanent location in the United Kingdom but offer goods or services, or control the conduct of people who are located in the United Kingdom or process personal data. The representative must provide proof of their identity, and also prove that they can be the controller or processor of data in connection with UK GDPR obligations.
In addition to serving as a platform for individuals to exercise their rights under GDPR, the Representative must be capable of communicating with authorities in the event of an incident. The representative must inform the supervisory authority who appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.
It is recommended that your chosen Representative has experience of working with both European and UK-based data protection authorities. It is also important to have local language skills as they are likely to receive contacts from both individuals and data protection authorities in the countries in which they work.
The EDPB states that the Representative is responsible for any non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative can't be sued by a person who believes that the controller of the data has failed to comply with GDPR in the UK. The court found that the Representative had no direct connection to the processing of data by the entity that it represented.
Who is required to appoint the UK Representative?
To comply with the EU GDPR, companies outside of the EU who are aiming their goods or services to European citizens, but do not have a branch, office or establishment within the EU must appoint an EU representative jobs. This is in addition to requirements from national data protection laws. The role of a Representative is to serve as an individual point of contact for individuals and supervisory authorities in relation to GDPR compliance issues.
The UK has its own version to the EU requirement, set in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high for any company that provides goods or services to or monitors the behaviour of data subjects in the UK must designate an official from the 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 the data subjects and the British Information Commissioner's Officethe [British Information Commissioner's Office]". They cannot be held personally responsible for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Representatives must be located in the Member State of the European Union in which the individuals whose personal data are processed reside. In most cases this isn't an easy choice to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. For this reason we offer an unrivalled service to assist companies in assessing their requirements and selecting the best option for them.
It is also recommended that representatives have experience working with supervisory authority as well as dealing with inquiries from data subjects. Language skills in the local language can also be essential, as the job could involve dealing with inquiries by supervisory authority or data subjects in a variety of countries across Europe.
The identity of the representative should be made known to the data subjects through the privacy policies and information provided prior to the collection of data (see article 13 UK-GDPR). Contact information for the UK Representative should be published on your website so that supervisory authorities can easily reach them.
When are you required to appoint an UK Representative?
If your company is located outside of the UK provides goods or services to customers within the UK or monitors their behaviour, you may need to appoint the position of a UK representative. The UK's applied EU GDPR regime is available to established entities outside the UK that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, but with a few exceptions. You should take our free self-assessment to determine if you have this obligation.
A Representative is mandated by the appointing entity in the terms of a service contract to act on behalf of that entity with regard to certain of its obligations under UK and EU GDPR, if applicable. In the UK the primary goal of this would be to facilitate communication between the appointing entity and the Information Commissioner's Office (ICO) or any data subjects affected in the UK. A Representative could be an individual or a company which is based in the UK. The body that appointed them must inform data subjects that the Representative will be processing their personal information and ensure that the identity of the individual or business is readily accessible to supervisory authorities.
The appointing entity must also provide the contact details of its representative to the ICO and data subjects affected in the UK in accordance with Article 13 and 14 of the UK GDPR. It is imperative to make clear that the representative's job is different from the role of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy that is not achievable for representatives.
If you are required to appoint a UK representative it is recommended to do it as soon as you can. This is due to the fact that this obligation is either immediately following Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace period.
What are the requirements to avon become a representative a UK representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR) A representative is an individual or a 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 should be competent to represent the company in relation to its obligations under the law, and their contact details must be readily accessible to those who reside in the UK whose personal data is being processed by a non-UK business.
The UK Representative must be an overseas senior employee of a media or business company and has been recruited and employed as an employee by the media or business organization outside the UK. The visa applicant must genuinely intend to be full-time employed as the UK representative for the media or business organization, and they must not engage in any other business activity in the UK.
Additionally, the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative, which will include acting as the local contact for inquiries from data subjects as well as the UK data protection authorities. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from data protection authorities.
As the Brexit process moves forward and the process continues, it is likely that UK laws on data protection will change in the future. At the moment it is expected that non-UK businesses that conduct business in the UK and handle personal data of individuals within the UK will need to appoint an official from the UK representative.
This is because article 27 of the GDPR law in the UK which was enacted as an UK national law, requires entities without any presence in the UK to nominate a UK representative for data protection. If you are unsure of whether you need to designate a UK representative for data protection, it is recommended that you consult an experienced legal adviser.
Natacha has served in several senior positions within the Foreign Office, including as the Deputy Ambassador for China and Director for Economic Diplomacy and UK representative Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that operate outside of the UK must comply with UK privacy laws. They must appoint an official in the UK who will be their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is a person, company or other entity that has been authorised by the controller or data processor to act on behalf of the controller or processor on all matters relating to GDPR compliance. They will be the primary contact point for any queries from individuals who exercise their rights or requests from supervisory authority. They could also be subject to national laws that have been put in place because of the GDPR's extraterritorial reach (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 a representative. This requirement applies to all companies that do not have a permanent location in the United Kingdom but offer goods or services, or control the conduct of people who are located in the United Kingdom or process personal data. The representative must provide proof of their identity, and also prove that they can be the controller or processor of data in connection with UK GDPR obligations.
In addition to serving as a platform for individuals to exercise their rights under GDPR, the Representative must be capable of communicating with authorities in the event of an incident. The representative must inform the supervisory authority who appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.
It is recommended that your chosen Representative has experience of working with both European and UK-based data protection authorities. It is also important to have local language skills as they are likely to receive contacts from both individuals and data protection authorities in the countries in which they work.
The EDPB states that the Representative is responsible for any non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative can't be sued by a person who believes that the controller of the data has failed to comply with GDPR in the UK. The court found that the Representative had no direct connection to the processing of data by the entity that it represented.
Who is required to appoint the UK Representative?
To comply with the EU GDPR, companies outside of the EU who are aiming their goods or services to European citizens, but do not have a branch, office or establishment within the EU must appoint an EU representative jobs. This is in addition to requirements from national data protection laws. The role of a Representative is to serve as an individual point of contact for individuals and supervisory authorities in relation to GDPR compliance issues.
The UK has its own version to the EU requirement, set in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high for any company that provides goods or services to or monitors the behaviour of data subjects in the UK must designate an official from the 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 the data subjects and the British Information Commissioner's Officethe [British Information Commissioner's Office]". They cannot be held personally responsible for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Representatives must be located in the Member State of the European Union in which the individuals whose personal data are processed reside. In most cases this isn't an easy choice to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. For this reason we offer an unrivalled service to assist companies in assessing their requirements and selecting the best option for them.
It is also recommended that representatives have experience working with supervisory authority as well as dealing with inquiries from data subjects. Language skills in the local language can also be essential, as the job could involve dealing with inquiries by supervisory authority or data subjects in a variety of countries across Europe.
The identity of the representative should be made known to the data subjects through the privacy policies and information provided prior to the collection of data (see article 13 UK-GDPR). Contact information for the UK Representative should be published on your website so that supervisory authorities can easily reach them.
When are you required to appoint an UK Representative?
If your company is located outside of the UK provides goods or services to customers within the UK or monitors their behaviour, you may need to appoint the position of a UK representative. The UK's applied EU GDPR regime is available to established entities outside the UK that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, but with a few exceptions. You should take our free self-assessment to determine if you have this obligation.
A Representative is mandated by the appointing entity in the terms of a service contract to act on behalf of that entity with regard to certain of its obligations under UK and EU GDPR, if applicable. In the UK the primary goal of this would be to facilitate communication between the appointing entity and the Information Commissioner's Office (ICO) or any data subjects affected in the UK. A Representative could be an individual or a company which is based in the UK. The body that appointed them must inform data subjects that the Representative will be processing their personal information and ensure that the identity of the individual or business is readily accessible to supervisory authorities.
The appointing entity must also provide the contact details of its representative to the ICO and data subjects affected in the UK in accordance with Article 13 and 14 of the UK GDPR. It is imperative to make clear that the representative's job is different from the role of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy that is not achievable for representatives.
If you are required to appoint a UK representative it is recommended to do it as soon as you can. This is due to the fact that this obligation is either immediately following Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace period.
What are the requirements to avon become a representative a UK representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR) A representative is an individual or a 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 should be competent to represent the company in relation to its obligations under the law, and their contact details must be readily accessible to those who reside in the UK whose personal data is being processed by a non-UK business.
The UK Representative must be an overseas senior employee of a media or business company and has been recruited and employed as an employee by the media or business organization outside the UK. The visa applicant must genuinely intend to be full-time employed as the UK representative for the media or business organization, and they must not engage in any other business activity in the UK.
Additionally, the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative, which will include acting as the local contact for inquiries from data subjects as well as the UK data protection authorities. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from data protection authorities.
As the Brexit process moves forward and the process continues, it is likely that UK laws on data protection will change in the future. At the moment it is expected that non-UK businesses that conduct business in the UK and handle personal data of individuals within the UK will need to appoint an official from the UK representative.
This is because article 27 of the GDPR law in the UK which was enacted as an UK national law, requires entities without any presence in the UK to nominate a UK representative for data protection. If you are unsure of whether you need to designate a UK representative for data protection, it is recommended that you consult an experienced legal adviser.
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