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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 Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that are not located in the UK are required to adhere to UK privacy laws. They must designate 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, company or organisation who has been appointed by a data processor or controller to act on their behalf in all matters related to GDPR compliance. They will be the primary point of contact for enquiries from individuals exercising their rights, or requests from supervisory authorities. They could also be subject to national requirements that were enacted in light of the GDPR's extraterritorial scope (see the UK case Rondon v 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. The requirement applies to any company that does not have its own place of business within the United Kingdom and that offers products or services or monitors the conduct of individuals located in the United Kingdom, or that manages personal data of those individuals. The representative must be able to provide proof of their identity and that they are capable of representing the data controller or processor in respect to the UK GDPR's obligations.
The Representative should also be able to communicate with authorities in the event of a breach. The Representative must notify the supervisory authority that appointed them regardless of whether or not the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen representative jobs 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, as they will likely receive calls from individuals and data protection agencies in the countries they work in.
Although 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 apparent failure to adhere to the UK GDPR. The court concluded that the Representative had no direct connection to the processing of data by the entity being an avon representative represented.
Who is required to appoint the UK Representative?
The EU GDPR requires that businesses outside of the EU, without an office, branch or establishment in the EU that market their goods or services for European citizens, must have representatives. This is in addition to the requirements of national data protection laws. A Representative's role is to be the local point of contact for supervisory bodies and individuals regarding GDPR-related issues.
The UK has an identical requirement to that of the EU, which is outlined in Article 27 of the UK-GDPR. As with the EU requirement, the threshold is low and any business that offers goods or services to or monitors the behavior of data subjects in the UK must designate a UK Representative.
In accordance with the UK-GDPR, a representative must be authorised in writing by the data subject or the British Information Commissioner's Officeto be able "to be contacted, in addition or alternately, on behalf the controller or processor". They are not personally responsible for UK representative GDPR compliance. However they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects who exercise their rights (access request, right to be forgotten, etc. ).
Representatives should be based in the member state of the European Union in which the individuals whose personal data are processed reside. In the majority of cases, this is not a straightforward decision to make, UK representative and a thorough analysis of legal and business aspects is required to determine the location(s) best suited to an organisation. We provide an individualized service that assists companies in assessing their requirements and choosing the best Representative option.
It is also recommended that representatives have previous experience in dealing with supervisory authority as well as dealing with inquiries from data subjects. Language skills in the local area are often of importance as the job is likely to include dealing with inquiries from supervisory authorities or data subjects across Europe.
The identity of the representative should be disclosed to people who have data through privacy policies and information provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact information should also be made available on your site, providing an easy way for supervisory authorities to connect with them.
When is the best time to designate an UK Representative?
If your organisation is based outside of the UK, offers products or services to people who reside in the UK, or monitors their behavior it is possible to designate the position of a UK Representative. The UK's Applied GDPR system applies to non-UK established entities that conduct business in the UK and has the same scope of extraterritorial application as EU GDPR (with certain exceptions). It is recommended that you take our free self-assessment to determine if you are subject to this obligation.
A representative is authorised by the entity that appointed them under the terms of a service contract to represent the entity with respect to a number of its obligations under UK and EU GDPR, if applicable. In the UK it would involve facilitating communications between the entity that appointed the representative and the Information Commissioner's Office or any data subjects affected in the UK. A Representative can either be an individual or a UK-based company. The appointing body must make it clear to the data subjects that their personal information will be processed by the Representative. The identity of that individual or company must be easily accessible to supervisory authorities.
The appointing entity must also provide the contact information of its Representative to the ICO and data subjects affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It is essential to make clear that the role of a Representative is distinct from and incompatible with that of a Data Protection Officer ("DPO") that requires a level of autonomy and independence that cannot be offered by a Representative.
If you are required to appoint a UK representative, it is best to do so as fast as possible. This is because the need for this comes immediately following Brexit (if there is a '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 prerequisites to becoming a UK representative?
According to UK laws on data protection 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, but is still subject to the law. The UK representative is required to be able represent an entity with respect to its obligations under law. The contact information of the representative should be readily accessible to UK residents whose personal details are processed by a non-UK business.
The UK Representative must be an overseas senior member of a business or media company, and have been hired and employed as an employee of the media or business organization outside the UK. The visa applicant must plan to work as the UK representative for the business or media organization full-time and must not engage in any other business activities within the UK.
Additionally the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative which includes serving as the local point of contact for any queries from data subjects as well as the UK data protection authorities. The UK Representative must possess sufficient knowledge and expertise of UK laws regarding data protection to be capable of responding to 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 regarding data protection will evolve as time passes. However, at present it is expected of companies from outside the UK that conduct business in the UK and collect personal data on individuals in the UK, to appoint UK representatives.
This is because article 27 of the GDPR law in the UK that was adopted as an UK national law, requires entities without having a presence in the UK to appoint an UK data protection representative. If you're not sure if you require a UK data protection rep it is advised to consult a qualified legal professional.
Natacha has served in several senior positions within the Foreign Office, including as the Deputy Ambassador for China and Director for Economic Diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that are not located in the UK are required to adhere to UK privacy laws. They must designate 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, company or organisation who has been appointed by a data processor or controller to act on their behalf in all matters related to GDPR compliance. They will be the primary point of contact for enquiries from individuals exercising their rights, or requests from supervisory authorities. They could also be subject to national requirements that were enacted in light of the GDPR's extraterritorial scope (see the UK case Rondon v 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. The requirement applies to any company that does not have its own place of business within the United Kingdom and that offers products or services or monitors the conduct of individuals located in the United Kingdom, or that manages personal data of those individuals. The representative must be able to provide proof of their identity and that they are capable of representing the data controller or processor in respect to the UK GDPR's obligations.
The Representative should also be able to communicate with authorities in the event of a breach. The Representative must notify the supervisory authority that appointed them regardless of whether or not the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen representative jobs 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, as they will likely receive calls from individuals and data protection agencies in the countries they work in.
Although 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 apparent failure to adhere to the UK GDPR. The court concluded that the Representative had no direct connection to the processing of data by the entity being an avon representative represented.
Who is required to appoint the UK Representative?
The EU GDPR requires that businesses outside of the EU, without an office, branch or establishment in the EU that market their goods or services for European citizens, must have representatives. This is in addition to the requirements of national data protection laws. A Representative's role is to be the local point of contact for supervisory bodies and individuals regarding GDPR-related issues.
The UK has an identical requirement to that of the EU, which is outlined in Article 27 of the UK-GDPR. As with the EU requirement, the threshold is low and any business that offers goods or services to or monitors the behavior of data subjects in the UK must designate a UK Representative.
In accordance with the UK-GDPR, a representative must be authorised in writing by the data subject or the British Information Commissioner's Officeto be able "to be contacted, in addition or alternately, on behalf the controller or processor". They are not personally responsible for UK representative GDPR compliance. However they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects who exercise their rights (access request, right to be forgotten, etc. ).
Representatives should be based in the member state of the European Union in which the individuals whose personal data are processed reside. In the majority of cases, this is not a straightforward decision to make, UK representative and a thorough analysis of legal and business aspects is required to determine the location(s) best suited to an organisation. We provide an individualized service that assists companies in assessing their requirements and choosing the best Representative option.
It is also recommended that representatives have previous experience in dealing with supervisory authority as well as dealing with inquiries from data subjects. Language skills in the local area are often of importance as the job is likely to include dealing with inquiries from supervisory authorities or data subjects across Europe.
The identity of the representative should be disclosed to people who have data through privacy policies and information provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact information should also be made available on your site, providing an easy way for supervisory authorities to connect with them.
When is the best time to designate an UK Representative?
If your organisation is based outside of the UK, offers products or services to people who reside in the UK, or monitors their behavior it is possible to designate the position of a UK Representative. The UK's Applied GDPR system applies to non-UK established entities that conduct business in the UK and has the same scope of extraterritorial application as EU GDPR (with certain exceptions). It is recommended that you take our free self-assessment to determine if you are subject to this obligation.
A representative is authorised by the entity that appointed them under the terms of a service contract to represent the entity with respect to a number of its obligations under UK and EU GDPR, if applicable. In the UK it would involve facilitating communications between the entity that appointed the representative and the Information Commissioner's Office or any data subjects affected in the UK. A Representative can either be an individual or a UK-based company. The appointing body must make it clear to the data subjects that their personal information will be processed by the Representative. The identity of that individual or company must be easily accessible to supervisory authorities.
The appointing entity must also provide the contact information of its Representative to the ICO and data subjects affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It is essential to make clear that the role of a Representative is distinct from and incompatible with that of a Data Protection Officer ("DPO") that requires a level of autonomy and independence that cannot be offered by a Representative.
If you are required to appoint a UK representative, it is best to do so as fast as possible. This is because the need for this comes immediately following Brexit (if there is a '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 prerequisites to becoming a UK representative?
According to UK laws on data protection 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, but is still subject to the law. The UK representative is required to be able represent an entity with respect to its obligations under law. The contact information of the representative should be readily accessible to UK residents whose personal details are processed by a non-UK business.
The UK Representative must be an overseas senior member of a business or media company, and have been hired and employed as an employee of the media or business organization outside the UK. The visa applicant must plan to work as the UK representative for the business or media organization full-time and must not engage in any other business activities within the UK.
Additionally the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative which includes serving as the local point of contact for any queries from data subjects as well as the UK data protection authorities. The UK Representative must possess sufficient knowledge and expertise of UK laws regarding data protection to be capable of responding to 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 regarding data protection will evolve as time passes. However, at present it is expected of companies from outside the UK that conduct business in the UK and collect personal data on individuals in the UK, to appoint UK representatives.
This is because article 27 of the GDPR law in the UK that was adopted as an UK national law, requires entities without having a presence in the UK to appoint an UK data protection representative. If you're not sure if you require a UK data protection rep it is advised to consult a qualified legal professional.
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