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What Is a UK Representative and Why Do You Need One?
Natacha has held various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Companies that are not based in the UK must comply with UK privacy laws. They must designate a representative in the UK to act 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 a controller or processor sales-representative (more information) of data to act on behalf of the controller or processor on all matters relating to GDPR compliance. They will be the primary point of contact for enquiries from data subjects exercising their rights, or requests from supervisory authorities. They could also be subject to national regulations that were enacted as a result of the GDPR's extraterritorial reach (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required by Article 27 of the EU GDPR, Sales-Representative and the UK equivalent Section 3(2) of the Data Protection Act 2018. The requirement applies to any company that does not have its own place of business within the United Kingdom and that offers services or goods to or monitors the behaviour of individuals located in the United Kingdom, or that processes personal data of such individuals. The representative must be able to show evidence of their identity and that they are able of representing the data controller or processor in relation 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 who appointed them regardless of whether the breach affects data subjects in multiple jurisdictions.
It is crucial that the representative you choose has experience working with both European and UK data protection authorities. It is also recommended for them to have local language abilities since they are likely to receive contacts from individuals and data protection agencies in the countries they operate.
The EDPB states that the Representative is accountable for non-compliance. However, the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative is not able to be sued by anyone who believes that the data controller has failed to adhere to GDPR in the UK. This is because, according to the court the Representative has no direct connection to the processing of data by the entity that is represented.
Who is required to appoint the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU and that are targeting goods or services for European citizens, must designate a Representative. This is in addition to the requirements of national data protection laws. The purpose of a Representative is to serve as an individual point of contact for individuals and supervisory authorities regarding GDPR compliance issues.
The UK has a similar requirement to the EU as laid out in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organization offering goods or services in the UK or monitoring the behaviour of individuals who are data subjects, must designate an UK representative.
According to the UK-GDPR a representative must be approved in writing by the data subject or the [British Information Commissioner's office[British Information Commissioner's Office] "to be contacted, in addition or alternatively, on behalf the controller or processor". They are not able to be held personally liable for compliance with the GDPR. They must however cooperate with supervisory authorities in formal proceedings, and receive messages from those who exercise their rights. ).
Representatives should be located within the EU member state where the people whose data is being processed are. In most cases this isn't an easy choice to make and a thorough analysis of legal and business aspects is required to determine the location(s) most suitable for an organisation. We provide an individualized service that assists organisations in assessing their needs and deciding on the most appropriate option for them.
It is also recommended that representatives have experience working with supervisory authority as well as dealing with inquiries from data subjects. Local language skills can also be important, as the job may require dealing with requests from data subjects or supervisory authority in multiple countries throughout Europe.
The identity of the representative must be made known to the individuals who are the data subjects via privacy policies and the information given prior to collecting data (see article 13 of the UK-GDPR). The UK Representative's contact information should also be published on your site, providing the authorities in charge of supervision easy access to contact them.
When are you required to appoint a UK Representative?
If your business is located outside the UK and provides goods or services in the UK or monitors the behavior of individuals, you might be required to appoint an UK Representative. The Applied GDPR regime in the UK applies to established companies outside the UK that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with limited exceptions). It is recommended that you take our free self-assessment to see whether you have this obligation.
A representative is authorised by the appointing entity in an agreement to act on behalf of the entity in relation to a number of its obligations under UK and EU GDPR as applicable. In the UK the primary goal of this is to facilitate communication between the appointing entity 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 body that appointed them must inform the subjects of data that the representative will be processing their personal data and that the identity of the person or company is readily accessible to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact details of its representative to the ICO as well as the data subjects in the UK. It must make it clear that the function of a Representative is separate from and not compatible with 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 appoint an official from the UK representative and you are required to do so, you must do it in the earliest time possible. This is because the requirement arises either immediately after Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or "with deal". There is no grace time.
What are the requirements for the designation of a UK Representative?
According to UK laws on data protection A representative is a person, or a business who is "designated" in writing by an entity which does not have a physical presence in the UK however is subject to the law. The UK representative must be competent to represent the company with regard to its legal obligations and their contact details must be readily available to anyone in the UK who have personal data being processed by the non-UK-based business.
The person who is the UK Representative must be a senior worker of the overseas media or business organization and has been enlisted and taken on as an employee outside the UK by the business or media organisation. The visa applicant must intend to work as the UK representative for the media or business organisation full-time and not engage in other business activities in the UK.
In addition, Sales-Representative the visa applicant must demonstrate the necessary skills and experience to perform their role as a UK Representative, which will include acting as the local point of contact for any queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws, and can respond to any requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from authorities dealing with data protection.
As the Brexit process continues and the process continues, it is likely that UK laws on data protection are going to change in the future. However, at present, it is expected for companies from outside the UK that conduct business in the UK, and process personal data on individuals in the UK to nominate UK representatives.
This is because the UK GDPR mandates that all entities with no UK presence must appoint representatives under article 27 of the UK GDPR, which has been retained as become a representative national law in the UK. If you're not sure whether you should appoint the position of a UK representative for data protection, it is recommended that you speak to an experienced lawyer.
Natacha has held various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Companies that are not based in the UK must comply with UK privacy laws. They must designate a representative in the UK to act 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 a controller or processor sales-representative (more information) of data to act on behalf of the controller or processor on all matters relating to GDPR compliance. They will be the primary point of contact for enquiries from data subjects exercising their rights, or requests from supervisory authorities. They could also be subject to national regulations that were enacted as a result of the GDPR's extraterritorial reach (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required by Article 27 of the EU GDPR, Sales-Representative and the UK equivalent Section 3(2) of the Data Protection Act 2018. The requirement applies to any company that does not have its own place of business within the United Kingdom and that offers services or goods to or monitors the behaviour of individuals located in the United Kingdom, or that processes personal data of such individuals. The representative must be able to show evidence of their identity and that they are able of representing the data controller or processor in relation 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 who appointed them regardless of whether the breach affects data subjects in multiple jurisdictions.
It is crucial that the representative you choose has experience working with both European and UK data protection authorities. It is also recommended for them to have local language abilities since they are likely to receive contacts from individuals and data protection agencies in the countries they operate.
The EDPB states that the Representative is accountable for non-compliance. However, the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative is not able to be sued by anyone who believes that the data controller has failed to adhere to GDPR in the UK. This is because, according to the court the Representative has no direct connection to the processing of data by the entity that is represented.
Who is required to appoint the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU and that are targeting goods or services for European citizens, must designate a Representative. This is in addition to the requirements of national data protection laws. The purpose of a Representative is to serve as an individual point of contact for individuals and supervisory authorities regarding GDPR compliance issues.
The UK has a similar requirement to the EU as laid out in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organization offering goods or services in the UK or monitoring the behaviour of individuals who are data subjects, must designate an UK representative.
According to the UK-GDPR a representative must be approved in writing by the data subject or the [British Information Commissioner's office[British Information Commissioner's Office] "to be contacted, in addition or alternatively, on behalf the controller or processor". They are not able to be held personally liable for compliance with the GDPR. They must however cooperate with supervisory authorities in formal proceedings, and receive messages from those who exercise their rights. ).
Representatives should be located within the EU member state where the people whose data is being processed are. In most cases this isn't an easy choice to make and a thorough analysis of legal and business aspects is required to determine the location(s) most suitable for an organisation. We provide an individualized service that assists organisations in assessing their needs and deciding on the most appropriate option for them.
It is also recommended that representatives have experience working with supervisory authority as well as dealing with inquiries from data subjects. Local language skills can also be important, as the job may require dealing with requests from data subjects or supervisory authority in multiple countries throughout Europe.
The identity of the representative must be made known to the individuals who are the data subjects via privacy policies and the information given prior to collecting data (see article 13 of the UK-GDPR). The UK Representative's contact information should also be published on your site, providing the authorities in charge of supervision easy access to contact them.
When are you required to appoint a UK Representative?
If your business is located outside the UK and provides goods or services in the UK or monitors the behavior of individuals, you might be required to appoint an UK Representative. The Applied GDPR regime in the UK applies to established companies outside the UK that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with limited exceptions). It is recommended that you take our free self-assessment to see whether you have this obligation.
A representative is authorised by the appointing entity in an agreement to act on behalf of the entity in relation to a number of its obligations under UK and EU GDPR as applicable. In the UK the primary goal of this is to facilitate communication between the appointing entity 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 body that appointed them must inform the subjects of data that the representative will be processing their personal data and that the identity of the person or company is readily accessible to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact details of its representative to the ICO as well as the data subjects in the UK. It must make it clear that the function of a Representative is separate from and not compatible with 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 appoint an official from the UK representative and you are required to do so, you must do it in the earliest time possible. This is because the requirement arises either immediately after Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or "with deal". There is no grace time.
What are the requirements for the designation of a UK Representative?
According to UK laws on data protection A representative is a person, or a business who is "designated" in writing by an entity which does not have a physical presence in the UK however is subject to the law. The UK representative must be competent to represent the company with regard to its legal obligations and their contact details must be readily available to anyone in the UK who have personal data being processed by the non-UK-based business.
The person who is the UK Representative must be a senior worker of the overseas media or business organization and has been enlisted and taken on as an employee outside the UK by the business or media organisation. The visa applicant must intend to work as the UK representative for the media or business organisation full-time and not engage in other business activities in the UK.
In addition, Sales-Representative the visa applicant must demonstrate the necessary skills and experience to perform their role as a UK Representative, which will include acting as the local point of contact for any queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws, and can respond to any requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from authorities dealing with data protection.
As the Brexit process continues and the process continues, it is likely that UK laws on data protection are going to change in the future. However, at present, it is expected for companies from outside the UK that conduct business in the UK, and process personal data on individuals in the UK to nominate UK representatives.
This is because the UK GDPR mandates that all entities with no UK presence must appoint representatives under article 27 of the UK GDPR, which has been retained as become a representative national law in the UK. If you're not sure whether you should appoint the position of a UK representative for data protection, it is recommended that you speak to an experienced lawyer.
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