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

Natacha has served in 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.

Businesses established outside of the UK must comply with UK privacy laws. They must appoint an agent in the UK who will be their point of contact for data subjects and ICO.

What is an UK representative?

The UK Representative is a person, company or other entity that has been formally authorised by the controller or processor of data to act on behalf of the controller or processor in relation to all matters around GDPR compliance. They will be the main contact for any queries from individuals exercising their rights, or for requests from supervisory authorities and may be subject to national regulations which have been implemented in light of the GDPR's extraterritorial reach (see the UK case Rondon v LexisNexis Risk Solutions).

The appointment of a Representative is required under Article 27 of the EU GDPR, and the UK equivalent Section 3(2) of the Data Protection Act 2018. This requirement is applicable to all companies that do not have a permanent establishment in the United Kingdom but offer goods or services or monitor the behavior of those who reside there, or who process personal data. The representative must be able to show evidence of their identity and that they are capable of representing the controller or processor of data in respect to the UK GDPR's obligations.

The Representative must also be able communicate with authorities if there's a breach. The Representative must notify the supervisory authority who appointed them regardless of whether or not the breach affects individuals in multiple jurisdictions.

It is essential that the representative you select has experience working with both European and UK authorities for data protection. It is also recommended for them to speak a Local avon for representatives Representative [Https://Www.Gamway.Com.Hk/Share.Php?H=Https://Www.Reps-R-Us.Co.Uk/Avon-Representative] language since they are likely to receive calls from individuals and data protection agencies in the countries they work in.

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 controller of the data did not meet the GDPR requirements in the UK. The court concluded that the Representative did not have a direct connection to the data processing activities of the represented entity.

Who is responsible for appointing the UK Representative?

In order to comply with the EU GDPR, companies outside of the EU who are aiming their goods or services to European citizens, but do not have an office, branch or establishment in the EU must appoint an EU Representative. This is in addition to the requirements from national data protection laws. The role of a Representative is to be an individual point of contact for supervisory authorities and individuals in relation to GDPR compliance issues.

The UK has similar requirements to the EU as laid out in Article 27 of UK-GDPR. As with the EU requirement the threshold is not high for any company that provides goods or Other games services to, or monitors the behaviour of data subjects within the UK must appoint a UK Representative.

Under the UK-GDPR, a representative must be mandated in writing "to be, additionally or alternatively addressed, on behalf of the controller or processor by data subjects and the British Information Commissioner's Officethe [British Information Commissioner's Office]". They are not permitted to be personally held accountable for the GDPR's compliance. They must, however, cooperate with supervisory authorities during formal proceedings, and also receive communications from individuals who exercise their rights. ).

Representatives must be located in the member state of the European Union in which the individuals whose personal data is processed are residents. In the majority of cases, this is not a straightforward decision to make and a thorough analysis of legal and business aspects is required to determine the location(s) most suitable for an organisation. For this reason we offer an individualized service that assists organisations in assessing their needs and choosing the best Representative option.

It is also advisable that representatives have experience working with supervisory authorities and dealing with requests from data subjects. Local language skills can also be crucial, since the job may require dealing with inquiries by data subjects or supervisory authorities in multiple countries throughout Europe.

The identity of the Representative should be clarified to the data subjects by including their details in privacy policies and the information provided to individuals prior to collecting their data (see Article 13 of the UK-GDPR). Contact information for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.

When are you required to designate a UK Representative?

If your company is located outside the UK, offers goods or services to individuals in the UK or monitors their behavior, you may need to select the position of a UK Representative. The UK's applied EU GDPR regime is applicable to non-UK established entities that are performing activities in the UK. It has the same reach as EU GDPR, with some exceptions. Take our free self-assessment and determine if you are required to comply with this obligation.

A Representative is appointed by the party appointing under a contract of service to represent that party in relation to specific obligations under the UK GDPR and EU GDPR, as applicable. In the UK the primary goal of this is to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. A Representative could be an individual or a business that is established in the UK. The body that appointed them must inform the data subjects that the Representative will be processing their personal data and ensure that the identity of the person or company is readily available to supervisory authorities.

The entity that is appointing the representative must provide the contact information of its representative to the ICO and data subjects affected in the UK in conformity with Article 13 and 14 of UK GDPR. It must be made clear that a representative's role is different from that of a Data Protection Officer (DPO), which requires a degree of autonomy and independence that is not achievable for a representative.

If you need to appoint an official from the UK representative and you are required to do so, you must do it as soon as you can. This is due to the fact that this requirement arises either immediately after Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's an "soft" or a "with deal". There is no grace time.

What are the requirements for a UK Representative?

Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or a company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative must be able to represent an entity with respect to its obligations under law. The contact information of the representative should also be available to UK residents whose personal data are processed by a non-UK business.

The UK Representative must be an overseas senior member of a media or business company, and have been hired and employed as an employee by the media or business entity outside the UK. The applicant must genuinely intend to be employed full-time as the UK Representative for the business or media organization, and they are not allowed to engage in any other business activities in the UK.

In addition the visa holder must demonstrate that they possess the required skills and experience to fulfill their role as UK Representative which includes serving as local point of contact for any queries from data subjects as well as the UK authorities for data protection. The UK Representative must have sufficient knowledge and understanding of UK data protection laws to be capable of responding to requests and enquiries from data protection authorities and individuals exercising their rights.

As the Brexit process continues, it is likely that the UK data protection laws will evolve over time. At present, it is expected that non-UK businesses who do business in the UK and handle personal data of individuals in the UK will need to appoint a UK Representative.

It is because article 27 of the GDPR in the United Kingdom which was enacted as an UK national law, requires companies without having a presence in the UK to appoint a UK representative for data protection. If you're not sure if you need a UK data protection rep it is advised to consult an experienced legal advisor.