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What Is a UK Representative and Why Do You Need One?

Natacha has held a number senior positions at the Foreign Office, UK Representative including as the Deputy Ambassador for China and Director for Economic Diplomacy and Emerging Powers. She has also been involved in international trade policy and issues of development.

Companies that are located outside of the UK are obliged to comply with UK privacy laws. They must appoint a representative 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 other entity who has been appointed by a controller or processor of data to act on their behalf on all matters related to GDPR compliance. They will be the primary contact point for inquiries from individuals 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 under Article 27 of the EU GDPR, and the UK equivalent Section 3(2) of the Data Protection Act 2018. This requirement applies to all entities that do not have a permanent presence in the United Kingdom but offer goods or services, or observe the actions of individuals located there, or who handle personal data. The Representative must be able authentic proof of their identity, and that they can be the data processor or controller in connection with UK GDPR requirements.

The representative must be able to communicate with authorities in the event of an incident. This is because the Representative must submit a notification to the supervisory authority who appointed them regardless of whether the breach affects data subjects across multiple jurisdictions.

It is crucial that the representative you choose has experience working with both European and UK data protection authorities. It is also important that they have local language skills because they are likely to receive calls from both individuals and data protection authorities in the countries where they operate.

While the EDPB states that the Representative should be held accountable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative cannot be sued by an individual for the data controller's apparent failure to adhere to the UK GDPR. The court concluded that the Representative was not in direct connection with the data processing activities of the entity being represented.

Who is responsible for appointing the UK Representative?

The EU GDPR mandates that non-EU businesses with no office or branch in the EU and that are targeting products or services to European citizens, must designate representatives. This is in addition the requirements of national data protection laws. The purpose of a representative sales is to be an individual point of contact for UK Representative supervisory authorities and individuals with respect to GDPR compliance issues.

The UK has an identical requirement to that of the EU, which is outlined 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 data subjects, must appoint an UK Representative.

In accordance with the UK-GDPR, a representative must be approved in writing by the data subject or the [British Information Commissioner's Officeto be able "to be contacted, in addition or alternatively, on behalf the controller or processor". They cannot be personally accountable for the GDPR's compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and also receive notifications from individuals who exercise their rights. ).

Representatives should be based in the EU member state where the individuals whose data are being processed are. This is not a simple decision and requires an in-depth legal and business analysis to determine the most suitable location for an organization. For this reason we offer a dedicated service to assist organisations in assessing their needs and deciding on the most appropriate option for them.

It is also recommended that representatives have previous experience in dealing with supervisory authorities as well as handling inquiries from data subjects. Language skills in the local area are frequently important 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 made clear to data subjects by including their details in privacy policies as well as the information given to individuals prior to collecting their personal data (see Article 13 of the UK-GDPR). The UK Representative's contact details should be posted on your website, allowing the authorities in charge of supervision easy access to get in touch with them.

When do you need to designate a UK Representative?

If your organisation is located outside of the UK and provides products or services in the UK or monitors the behavior of individuals, you could be required to appoint a UK Representative. The UK's applied EU GDPR regime applies for non-UK established companies that conduct business in the UK. It has the same extraterritorial scope as EU GDPR, with limited exceptions. It is recommended that you take our free self-assessment and find out if you have this obligation.

A Representative is appointed by the party appointing under a contract of service to act on behalf of the party in relation to specific obligations under UK GDPR 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 that are affected in the UK. A Representative could be an individual or a company based in the UK. The body that appoints them must inform the subjects of data that the Representative is processing their personal information and that the identity of the individual or business is readily accessible to supervisory authorities.

The appointing entity must also provide the contact information of its Representative to the ICO and the data subjects that are affected in the UK in accordance with Article 13 as well as 14 of UK GDPR. It is essential to clarify that the role of a representative is different from that of the role of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy not possible for the role of a representative.

If you are required to designate an UK representative and you are required to do so, you must do it as soon as possible. This is because this requirement arises either immediately after Brexit (if it's a "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 requirements to become a UK representative?

Under the UK data protection laws (and specifically article 27 of the UK GDPR), a representative is an individual or business that is "designated in writing" by an entity that does not have a presence in the UK but is subject to the requirements 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 individuals within the UK who have personal information being processed by a non-UK business.

The individual who is the UK Representative must be a senior employee of the overseas media or business organisation and has been enlisted and subsequently made an employee outside the UK by that media or business. The visa applicant must intend to serve as the UK representative of the media or business organisation full-time and must not engage in other business activities outside of the UK.

The applicant also has to prove that they have the knowledge and experience necessary to fulfill the role of a UK representative, which includes acting as an individual point of contact for the data subjects and UK data protection authorities. This is to ensure that the UK Representative is knowledgeable of and experience with UK data protection laws, and can be able to respond to requests from individuals exercising their rights under the law, as well as any other inquiries or requests received from data protection authorities.

As the Brexit process continues, it is likely that the UK laws on data protection will evolve in the future. However, at present it is expected for companies that are not based in the UK, but do business in the UK and handle personal information on individuals within the UK to nominate UK representatives.

This is because article 27 of the UK's GDPR that was adopted as a UK national law, requires entities without any presence in the UK to nominate an UK data protection representative. If you're unsure whether you require a UK data protection rep It is recommended to consult a qualified legal professional.