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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 for Economic Diplomacy and Emerging Powers. She has also worked on international trade policy and issues related to development.

Businesses located outside the UK are obliged to comply with UK privacy laws. They must appoint 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 sales representative jobs (click now) is a person, business or organization who has been appointed by a data processor or controller to act in their behalf on all matters relating to GDPR compliance. They will be the main contact for all inquiries from data subjects exercising rights or requests from supervisory authorities. They could be subject to national laws which have been imposed because of the GDPR's extraterritorial reach (see the UK case Rondon against 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 an official representative. The requirement applies to any organization that does not have its own establishment within the United Kingdom and that offers goods or services to or monitors the behavior of people who reside in the United Kingdom, or that handles personal data of these individuals. The Representative must be able to provide evidence of their identity and that they are competent in representing the data controller or processor in respect to the UK GDPR's requirements.

In addition to serving as a means for individuals to exercise their GDPR rights and rights, the representative must be able to communicate with authorities in the event of an incident. This is because the Representative has to make a formal notification to the supervisory authority who appointed them regardless of whether the breach affects the data subject across different jurisdictions.

It is recommended that your Representative has experience of working with both European and UK-based data protection authorities. It is also desirable for them to be proficient in local languages since they are likely to receive contact from individuals and agencies in the countries where they operate in.

The EDPB declares that the Representative is accountable for any non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative cannot be sued by a person who believes that the controller of the data did not meet the GDPR requirements in the UK. The court found that the Representative did not have a direct connection to the processing of data by the entity that it represented.

Who is required to appoint the UK Representative?

To comply with the EU GDPR, businesses that are not part of the EU that market their products or services for European citizens but do not have a branch, office or Sales Representative Jobs establishment in the EU must designate an EU Representative. This is in addition to requirements of national laws on data protection. The role of a Representative is to be the local point of contact for supervisory authorities and individuals with respect to GDPR compliance issues.

The UK has its own equivalent to the EU requirement, set out in Article 27 of the UK-GDPR. As with the EU requirement the threshold is lower and any business that offers goods or services to, or monitors the conduct of data subjects within the UK must appoint a UK Representative.

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

Representatives must be located in the state of the European Union in which the individuals whose personal data is processed are resident. This is not an easy decision and requires an extensive legal and business analysis to determine the right location for an organization. For this reason we offer an unrivalled service to assist organisations in assessing their needs and deciding on the most appropriate representative option.

It is also recommended that the representative has experience working with supervisory authorities and dealing with data subject requests. Local language skills are also important since the job is likely to include dealing with inquiries from supervisory authorities or data subject across Europe.

The identity of the representative must be made known to the data subjects through the privacy policies and other information that is given prior to collecting data (see article 13 of the UK-GDPR). The UK Representative's contact details should be posted on your website, giving easy access for supervisory authorities to connect with them.

When do you need to appoint the UK Representative?

If your company is located outside of the UK, offers goods or services to customers who reside in the UK, or monitors their behaviour it is possible to designate an UK Representative. The UK's Applied GDPR regime is applicable to established non-UK entities that are conducting business in the UK and has the same extraterritorial reach as the 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 appointed by the appointing party under a contract of service to act on behalf of the party in relation to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK it would involve facilitating communications between the appointing entity and the Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a company based in the UK. The entity that is appointing the representative must make it clear to data subjects that their personal information will be processed by the Representative and the identity of that individual or company must be easily accessible to supervisory authorities.

In accordance with Articles 13 and Sales Representative Jobs 14 of the UK GDPR The appointing entity is also required to provide the contact details of its representative to the ICO as well as to people who have data in the UK. It must be clear that the job of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO") which requires a degree of autonomy and independence that cannot be provided by a Representative.

If you have to appoint a UK representative it is recommended to do so as fast as you can. This is due to the fact that this requirement is required either immediately following Brexit (if it is a "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or a "with deal". There is no grace period.

What are the prerequisites to becoming a UK representative?

Under the UK laws on data protection (and specifically article 27 of the UK GDPR) A representative is an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the requirements of the law. The UK representative must be competent to represent the company with regard to its obligations under the law 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 UK Representative must be an overseas senior employee of a media or business company, and have been hired and employed as an employee by the media or business entity located outside the UK. The applicant for the visa must be planning to serve as the UK representative of the media or business organisation full-time, and must not be engaged in other business activities outside of the UK.

The visa applicant also needs to prove that they have the skills and experience necessary to fulfill their role as UK representative, which involves acting as an individual point of contact for the data subjects and UK authorities for data protection. This is to ensure that the UK Representative is knowledgeable of and expertise in the UK data protection laws and can be 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 laws on data protection will evolve over time. At the moment, however it is expected of non-UK companies that do business in the UK and handle personal data of individuals in the UK to nominate UK Representatives.

This is because the UK GDPR mandates that all entities without a UK presence must appoint a representative in accordance with article 27 of the UK GDPR, which has been retained as a national law in the UK. If you're not sure whether you need a UK data protection rep It is recommended to seek out a knowledgeable legal advisor.