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What Is a UK Representative and Why Do You Need One?
Natacha has held a variety of high-level positions within the Foreign Office including Deputy Ambassador to China and Director of Economic diplomacy and Emerging Powers. She has also worked on international trade policy and issues of development.
Businesses that operate outside of the UK must adhere to UK privacy laws. They must designate an agent in the UK who will be their point of contact for data subjects and ICO.
What is what is a UK representative?
The UK Representative is a person, company or organisation that is formally mandated by a processor or controller of data to act on their behalf in all matters around GDPR compliance. They will be the main point of contact for enquiries from individuals exercising their rights, or for requests from supervisory authorities. They could be subject to national regulations that were enacted in the context of GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required under Article 27 of the EU GDPR, as well as the UK equivalent, Section 3(2) of the Data Protection Act 2018. 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 those who reside there or who handle personal data. The representative must prove their identity, and also prove that they can represent the controller or processor of data in connection with UK GDPR obligations.
As well as acting as a means for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also able to communicate with authorities in the event of a breach. The representative must inform the supervisory authority who appointed them, regardless of whether the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen Representative has experience of working with both European and UK-based authorities for data protection. It is also desirable for them to speak a local language, as they will likely receive contacts from individuals and agencies in the countries they operate in.
The EDPB states that the Representative is accountable for non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative is not able to be sued by anyone who believes that the controller of the data has failed to meet the GDPR requirements in the UK. This is because, according to the court the Representative has no direct link to the processing of data by the representative entity.
Who is responsible for appointing the UK Representative?
The EU GDPR mandates that businesses from outside the EU with no office, branch or establishment in the EU and that are targeting goods or services at European citizens, must designate a Representative. This is in addition to the requirements of national data protection laws. The function of a representative is to serve as a local point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.
The UK has its own version to the EU requirement, which is set out in Article 27 of the UK-GDPR. As with the EU requirement the threshold is lower: any organisation that offers 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 mandated in writing "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 Office]". They cannot be held personally liable for compliance with the GDPR. However they must cooperate with supervisory authorities in official proceedings and receive notifications from data subjects exercising their rights (access request or right to be forgotten, etc. ).
Representatives must be located in the member state of the European Union in which the individuals whose personal data are processed are residents. Most of the time, this is not an easy decision to make and a careful business and legal analysis is required to determine the location(s) best suited to an organisation. We provide a dedicated service to assist organizations in assessing their needs and deciding on the most appropriate representative option.
It is also recommended that representatives have experience interacting with both supervisory authorities and handling data subject requests. Language skills in the local area are important since the job will include dealing with inquiries from supervisory authorities or data subject across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and the information provided prior to the collection of data (see article 13 in the UK-GDPR). The UK Representative's contact details should be posted on your website, giving the authorities in charge of supervision easy access to contact them.
When are you required to designate a UK Representative?
If your company is located outside of the UK and offers goods or services in the UK or monitors the behaviour of individuals, you might be required to appoint a UK Representative. The UK's applied EU GDPR regime is available to non-UK established entities that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, with some exceptions. Take our self-assessment for free and see if you are required to comply with this obligation.
A Representative is mandated by the appointing entity in the terms of a service contract to act on behalf of the entity with respect to certain of its obligations under the UK and EU GDPR as applicable. In the UK this would typically involve facilitating communication between the appointing entity and Information Commissioner's Office or any data subjects affected in the UK. A Representative could be become an avon representative individual or a business which is based in the UK. The appointing entity must make it clear to the data subjects that their personal information will be processed by the Representative, and the identity of that person or company should be easily 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 UK GDPR. It is imperative to make clear that a representative's role is different from the role of a Data Protection Officer (DPO), which requires a degree of independence and autonomy that is not available to a representative.
If you need to appoint an UK representative It is advised to do it as soon as possible. This is because the requirement arises either immediately after Brexit (if it's an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace time.
What are the prerequisites to becoming a UK representative?
According to UK data protection laws A representative is a person or company who is "designated" in writing by a company that does not have a physical presence in the UK but is subject to the law. The UK representative should be competent to represent the company in compliance with its obligations under the law, Avon representatives and their contact details must be readily accessible to anyone who reside in the UK who have personal data being processed by a non-UK 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 subsequently made an employee outside of the UK by the media or business. The visa applicant must genuinely intend to be employed full-time as the UK representative for the business or media company, and must not engage in any other business activity in the UK.
The applicant for visas also has to prove that they have the expertise and experience needed to fulfill their duties as UK representative, which involves acting as an individual point of contact for data subjects and UK data protection authorities. This is to ensure that the UK Representative is well-informed of and expertise in the UK data protection laws, and is 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 continues it is likely that the UK data protection laws will evolve in the future. However, 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 UK representative.
This is because the UK GDPR mandates that all entities that do not have a 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 are not sure whether you should appoint the position of a UK representative for data protection, it is recommended that you speak to an experienced legal adviser.
Natacha has held a variety of high-level positions within the Foreign Office including Deputy Ambassador to China and Director of Economic diplomacy and Emerging Powers. She has also worked on international trade policy and issues of development.
Businesses that operate outside of the UK must adhere to UK privacy laws. They must designate an agent in the UK who will be their point of contact for data subjects and ICO.
What is what is a UK representative?
The UK Representative is a person, company or organisation that is formally mandated by a processor or controller of data to act on their behalf in all matters around GDPR compliance. They will be the main point of contact for enquiries from individuals exercising their rights, or for requests from supervisory authorities. They could be subject to national regulations that were enacted in the context of GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required under Article 27 of the EU GDPR, as well as the UK equivalent, Section 3(2) of the Data Protection Act 2018. 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 those who reside there or who handle personal data. The representative must prove their identity, and also prove that they can represent the controller or processor of data in connection with UK GDPR obligations.
As well as acting as a means for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also able to communicate with authorities in the event of a breach. The representative must inform the supervisory authority who appointed them, regardless of whether the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen Representative has experience of working with both European and UK-based authorities for data protection. It is also desirable for them to speak a local language, as they will likely receive contacts from individuals and agencies in the countries they operate in.
The EDPB states that the Representative is accountable for non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative is not able to be sued by anyone who believes that the controller of the data has failed to meet the GDPR requirements in the UK. This is because, according to the court the Representative has no direct link to the processing of data by the representative entity.
Who is responsible for appointing the UK Representative?
The EU GDPR mandates that businesses from outside the EU with no office, branch or establishment in the EU and that are targeting goods or services at European citizens, must designate a Representative. This is in addition to the requirements of national data protection laws. The function of a representative is to serve as a local point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.
The UK has its own version to the EU requirement, which is set out in Article 27 of the UK-GDPR. As with the EU requirement the threshold is lower: any organisation that offers 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 mandated in writing "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 Office]". They cannot be held personally liable for compliance with the GDPR. However they must cooperate with supervisory authorities in official proceedings and receive notifications from data subjects exercising their rights (access request or right to be forgotten, etc. ).
Representatives must be located in the member state of the European Union in which the individuals whose personal data are processed are residents. Most of the time, this is not an easy decision to make and a careful business and legal analysis is required to determine the location(s) best suited to an organisation. We provide a dedicated service to assist organizations in assessing their needs and deciding on the most appropriate representative option.
It is also recommended that representatives have experience interacting with both supervisory authorities and handling data subject requests. Language skills in the local area are important since the job will include dealing with inquiries from supervisory authorities or data subject across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and the information provided prior to the collection of data (see article 13 in the UK-GDPR). The UK Representative's contact details should be posted on your website, giving the authorities in charge of supervision easy access to contact them.
When are you required to designate a UK Representative?
If your company is located outside of the UK and offers goods or services in the UK or monitors the behaviour of individuals, you might be required to appoint a UK Representative. The UK's applied EU GDPR regime is available to non-UK established entities that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, with some exceptions. Take our self-assessment for free and see if you are required to comply with this obligation.
A Representative is mandated by the appointing entity in the terms of a service contract to act on behalf of the entity with respect to certain of its obligations under the UK and EU GDPR as applicable. In the UK this would typically involve facilitating communication between the appointing entity and Information Commissioner's Office or any data subjects affected in the UK. A Representative could be become an avon representative individual or a business which is based in the UK. The appointing entity must make it clear to the data subjects that their personal information will be processed by the Representative, and the identity of that person or company should be easily 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 UK GDPR. It is imperative to make clear that a representative's role is different from the role of a Data Protection Officer (DPO), which requires a degree of independence and autonomy that is not available to a representative.
If you need to appoint an UK representative It is advised to do it as soon as possible. This is because the requirement arises either immediately after Brexit (if it's an "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace time.
What are the prerequisites to becoming a UK representative?
According to UK data protection laws A representative is a person or company who is "designated" in writing by a company that does not have a physical presence in the UK but is subject to the law. The UK representative should be competent to represent the company in compliance with its obligations under the law, Avon representatives and their contact details must be readily accessible to anyone who reside in the UK who have personal data being processed by a non-UK 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 subsequently made an employee outside of the UK by the media or business. The visa applicant must genuinely intend to be employed full-time as the UK representative for the business or media company, and must not engage in any other business activity in the UK.
The applicant for visas also has to prove that they have the expertise and experience needed to fulfill their duties as UK representative, which involves acting as an individual point of contact for data subjects and UK data protection authorities. This is to ensure that the UK Representative is well-informed of and expertise in the UK data protection laws, and is 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 continues it is likely that the UK data protection laws will evolve in the future. However, 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 UK representative.
This is because the UK GDPR mandates that all entities that do not have a 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 are not sure whether you should appoint the position of a UK representative for data protection, it is recommended that you speak to an experienced legal adviser.
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