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What Is a UK Representative and Why Do You Need One?
Natacha has held a number of senior positions 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 global trade policy and international development issues.
Companies that are not based in the UK must adhere to UK privacy laws. They must appoint a Representative in the UK to serve as their point of contact for data subjects as well as the ICO.
What is a UK representative?
The UK Representative is a person, business or organization that has been authorised by the controller or data processor to act on behalf of the controller or processor in all matters related to GDPR compliance. They will be the main contact for all inquiries from data subjects who exercise their rights or requests from supervisory authorities. They may also be subjected to national requirements that have been put in place because of 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 a representative. This requirement applies to all companies that do not have a permanent establishment in the United Kingdom but offer goods or services or monitor the behavior of individuals located there, or who handle personal data. The Representative must be able to show proof of their identity and that they are competent in representing the data controller or processor in relation to the UK GDPR's obligations.
In addition to acting as a platform for individuals to exercise their GDPR rights, the Representative must be capable of communicating with authorities in the event of a breach. This is because the Representative has to send a notice to the supervisory authority that appointed them, regardless of whether the breach affects data subjects across multiple jurisdictions.
It is recommended that your Representative has experience working with both European and UK-based authorities for data protection. It is also desirable for them to have local language abilities since they are likely to receive contact from individuals and data protection agencies in the countries they operate.
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 established that a Representative cannot be sued by an individual for the apparent failure to adhere to the UK GDPR. The court ruled that the Representative was not in direct connection to the data processing activities of the entity being represented.
Who is responsible for appointing the UK Representative?
To comply with the EU GDPR, businesses outside of the EU that market their products or services to European citizens but do not have an office, branch, or establishment within the EU must designate an EU Representative. This is in addition the requirements of the national data protection laws. The role of a representative is to act as an individual point of contact for supervisory bodies and individuals regarding GDPR concerns.
The UK has a similar requirement to the EU as laid out in Article 27 of UK-GDPR. The threshold is the same as that of the EU requirement: any organisation offering goods or services in the UK, or monitoring the behaviour of the data subjects, has to appoint an UK representative.
Under the UK-GDPR, a representative must be formally authorized "to be addressed, in addition 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 are not able to be personally held accountable avon for representatives compliance with the GDPR. However they must cooperate with supervisory authorities in formal proceedings and also receive notifications from data subjects exercising their rights (access request or right to be forgotten etc. ).
Representatives should be located within the EU member state in which the individuals whose personal data is being processed are. Most of the time, this will not be an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most appropriate for an organisation. We offer a dedicated service to help companies evaluate their needs and select the most appropriate representative location.
It is also advisable that representatives have experience working with supervisory authorities and dealing with requests from data subjects. Language skills in the local area are important since the job is likely to involve dealing with inquiries from supervisory authorities or data subjects across Europe.
The identity of the representative should be disclosed to the data subjects by including their information in privacy policies and the information given to individuals prior to collecting their data (see Article 13 of the UK-GDPR). Contact details for the UK Representative should be posted on your website so that supervisory authorities can easily reach them.
When do you have to appoint a UK Representative?
If your business is located outside of the UK and offers products or services in the UK or monitors the conduct of individuals, you could be required to appoint an UK Representative. The UK's Applied GDPR regime applies to non-UK established entities who are carrying out activities in the UK and has the same scope of extraterritorial application as the EU GDPR (with limited exceptions). Take our free self-assessment and see if you are legally bound by this obligation.
A Representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to act for that party with respect to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal of this would be 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 could be an individual or a company based in the UK. The appointing body must inform data subjects that their personal information will be processed by the Representative and the identity of that individual or company has to be readily available to supervisory authorities.
The entity that appointed the representative must provide the contact details of its representative to the ICO and all data subjects affected in the UK in conformity with Article 13 and 14 of UK GDPR. It must make it clear that the job of a Representative is different from and incompatible with that of the role of a Data Protection Officer ("DPO") that requires a certain degree of autonomy and independence that cannot be offered by a Representative.
If you are required to designate a UK representative It is advised to do so as quickly as you can. This is due to the fact that this requirement arises either immediately after Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or a "with deal". There is no grace period.
What are the requirements to avon become a representative a UK representative?
According to UK data protection laws, a representative is a person or a company who is "designated" in writing by an entity which doesn't have a physical presence in the UK however is subject to the law. The UK representative should be competent to represent the company in relation to its legal obligations and their contact information must be readily available to those who reside in the UK who have personal information being processed by the non-UK-based business.
The UK Representative must be an overseas senior member of a business or media company and has been recruited and employed as an employee of the media or business entity outside of the UK. The visa applicant must intend to serve as the UK representative of the business or media organisation full-time and not engage in other business activities in the UK.
Additionally, the visa applicant must prove that they have the required skills and experience to fulfill their role as a UK Representative that includes acting as the local contact for inquiries from data subjects and the UK authorities for data protection. The UK Representative must have sufficient knowledge and UK Representative expertise of UK laws regarding data protection to be able to respond to any queries or requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues, it is likely that the UK laws on data protection will change as time passes. At present, it is expected that businesses from outside the UK that conduct business in the UK and collect personal information of individuals in the UK will need to designate an official from the UK Representative.
This is because the UK GDPR mandates that all entities with no UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you're not sure if you need a UK representative for data protection It is recommended to consult a qualified legal professional.
Natacha has held a number of senior positions 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 global trade policy and international development issues.
Companies that are not based in the UK must adhere to UK privacy laws. They must appoint a Representative in the UK to serve as their point of contact for data subjects as well as the ICO.
What is a UK representative?
The UK Representative is a person, business or organization that has been authorised by the controller or data processor to act on behalf of the controller or processor in all matters related to GDPR compliance. They will be the main contact for all inquiries from data subjects who exercise their rights or requests from supervisory authorities. They may also be subjected to national requirements that have been put in place because of 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 a representative. This requirement applies to all companies that do not have a permanent establishment in the United Kingdom but offer goods or services or monitor the behavior of individuals located there, or who handle personal data. The Representative must be able to show proof of their identity and that they are competent in representing the data controller or processor in relation to the UK GDPR's obligations.
In addition to acting as a platform for individuals to exercise their GDPR rights, the Representative must be capable of communicating with authorities in the event of a breach. This is because the Representative has to send a notice to the supervisory authority that appointed them, regardless of whether the breach affects data subjects across multiple jurisdictions.
It is recommended that your Representative has experience working with both European and UK-based authorities for data protection. It is also desirable for them to have local language abilities since they are likely to receive contact from individuals and data protection agencies in the countries they operate.
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 established that a Representative cannot be sued by an individual for the apparent failure to adhere to the UK GDPR. The court ruled that the Representative was not in direct connection to the data processing activities of the entity being represented.
Who is responsible for appointing the UK Representative?
To comply with the EU GDPR, businesses outside of the EU that market their products or services to European citizens but do not have an office, branch, or establishment within the EU must designate an EU Representative. This is in addition the requirements of the national data protection laws. The role of a representative is to act as an individual point of contact for supervisory bodies and individuals regarding GDPR concerns.
The UK has a similar requirement to the EU as laid out in Article 27 of UK-GDPR. The threshold is the same as that of the EU requirement: any organisation offering goods or services in the UK, or monitoring the behaviour of the data subjects, has to appoint an UK representative.
Under the UK-GDPR, a representative must be formally authorized "to be addressed, in addition 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 are not able to be personally held accountable avon for representatives compliance with the GDPR. However they must cooperate with supervisory authorities in formal proceedings and also receive notifications from data subjects exercising their rights (access request or right to be forgotten etc. ).
Representatives should be located within the EU member state in which the individuals whose personal data is being processed are. Most of the time, this will not be an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most appropriate for an organisation. We offer a dedicated service to help companies evaluate their needs and select the most appropriate representative location.
It is also advisable that representatives have experience working with supervisory authorities and dealing with requests from data subjects. Language skills in the local area are important since the job is likely to involve dealing with inquiries from supervisory authorities or data subjects across Europe.
The identity of the representative should be disclosed to the data subjects by including their information in privacy policies and the information given to individuals prior to collecting their data (see Article 13 of the UK-GDPR). Contact details for the UK Representative should be posted on your website so that supervisory authorities can easily reach them.
When do you have to appoint a UK Representative?
If your business is located outside of the UK and offers products or services in the UK or monitors the conduct of individuals, you could be required to appoint an UK Representative. The UK's Applied GDPR regime applies to non-UK established entities who are carrying out activities in the UK and has the same scope of extraterritorial application as the EU GDPR (with limited exceptions). Take our free self-assessment and see if you are legally bound by this obligation.
A Representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to act for that party with respect to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal of this would be 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 could be an individual or a company based in the UK. The appointing body must inform data subjects that their personal information will be processed by the Representative and the identity of that individual or company has to be readily available to supervisory authorities.
The entity that appointed the representative must provide the contact details of its representative to the ICO and all data subjects affected in the UK in conformity with Article 13 and 14 of UK GDPR. It must make it clear that the job of a Representative is different from and incompatible with that of the role of a Data Protection Officer ("DPO") that requires a certain degree of autonomy and independence that cannot be offered by a Representative.
If you are required to designate a UK representative It is advised to do so as quickly as you can. This is due to the fact that this requirement arises either immediately after Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or a "with deal". There is no grace period.
What are the requirements to avon become a representative a UK representative?
According to UK data protection laws, a representative is a person or a company who is "designated" in writing by an entity which doesn't have a physical presence in the UK however is subject to the law. The UK representative should be competent to represent the company in relation to its legal obligations and their contact information must be readily available to those who reside in the UK who have personal information being processed by the non-UK-based business.
The UK Representative must be an overseas senior member of a business or media company and has been recruited and employed as an employee of the media or business entity outside of the UK. The visa applicant must intend to serve as the UK representative of the business or media organisation full-time and not engage in other business activities in the UK.
Additionally, the visa applicant must prove that they have the required skills and experience to fulfill their role as a UK Representative that includes acting as the local contact for inquiries from data subjects and the UK authorities for data protection. The UK Representative must have sufficient knowledge and UK Representative expertise of UK laws regarding data protection to be able to respond to any queries or requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues, it is likely that the UK laws on data protection will change as time passes. At present, it is expected that businesses from outside the UK that conduct business in the UK and collect personal information of individuals in the UK will need to designate an official from the UK Representative.
This is because the UK GDPR mandates that all entities with no UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a law of the nation in the UK. If you're not sure if you need a UK representative for data protection It is recommended to consult a qualified legal professional.
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