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

Natacha has held a variety of senior positions in the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.

Businesses located outside the UK are bound by 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 what is a UK representative?

The UK Representative is an individual, company or other entity that has been formally authorised by a processor or controller of data to act on behalf of the controller or processor in the GDPR's compliance issues in general. They will be the primary contact for all queries from individuals exercising rights or requests from supervisory authority. They may also be subject to national requirements that have been implemented because of the GDPR's extraterritorial scope (see the UK case Rondon against 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 is applicable to all companies that do not have a permanent presence in the United Kingdom but offer goods or services, or monitor the behavior of those who reside there or who handle personal data. The representative must be able to prove their identity and prove that they can be the data processor or controller in respect to UK GDPR requirements.

The Representative should be able to communicate with authorities if there's a breach. This is because the Representative must send a notice how to become a representative an avon representative (agree with this) the supervisory authority who appointed them, regardless of whether the breach affects the data subject across multiple jurisdictions.

It is essential that the representative you choose has worked with both European and UK authorities for data protection. It is also important that they have local language skills because they are likely to receive contacts from both individuals and data protection authorities in the countries where they work.

Although the EDPB states that the Representative should be held liable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has established that a Representative cannot be sued by a person for the inability to comply with the UK GDPR. This is due to the fact that according to the court the Representative has no direct connection with the processing of data by the representative entity.

Who needs to appoint an UK Representative?

In order to comply with the EU GDPR, businesses outside of the EU who are aiming their goods or services to European citizens but do not have an office, branch, or establishment within the EU must appoint an EU Representative. This is in addition to requirements of the national data protection laws. The function of a representative is to serve as the local point of contact for supervisory authorities and How to Become an Avon Representative individuals 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. The threshold is the same as that of the EU requirement: any company that offers goods or services in the UK, or monitoring the behavior of the data subjects, has to appoint an UK Representative.

Under the UK-GDPR, a Representative must be formally authorized "to be addressed, in addition or alternatively addressed, on behalf of the controller or processor, by data subjects and the [British Information Commissioner's Office]". They cannot be personally accountable for compliance with the GDPR. However they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects exercising their rights (access request or right to be forgotten etc. ).

Representatives should be based in the member state of the European Union in which the individuals whose personal information is processed are resident. This is not an easy choice and requires a thorough business and legal analysis to determine the right location for an organization. For this reason we offer an individualized service that assists organisations in assessing their needs and choosing the best option for them.

It is also recommended that representatives have experience working with supervisory authority as well as handling inquiries from data subjects. The ability to communicate in a local language is often of importance as the job will involve dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.

The identity of the representative must be disclosed to people who have data through privacy policies and other information that is provided prior to the collection of data (see article 13 UK-GDPR). Contact information for the UK Representative should be posted on your website so that supervisory authorities can easily reach them.

When do you have to appoint an 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 behavior and conducts surveillance, you may have to designate the position of a UK Representative. The UK's Applied EU GDPR regime is applicable to non-UK established companies which are operating in the UK. It has the same extraterritorial reach as EU GDPR, but with a few exceptions. Take our self-assessment for free and determine if you are subject to this obligation.

A representative is appointed by the entity that appointed them under 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, the main purpose of this would be to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. Representatives can be an individual or a business that is established in the UK. The appointing body must inform data subjects that the Representative will be processing their personal data and ensure that the identity of the person or company is readily accessible to supervisory authorities.

The entity that appointed the representative must provide the contact details of its representative to the ICO and all data subjects affected in the UK in conformity with Article 13 and 14 of UK GDPR. It is imperative to make clear that a representative's role is different from the one of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy not possible for representatives.

If you are required to nominate a UK representative and you are required to do so, How to Become an Avon Representative you must do it in the earliest time 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's an "soft" or a "with deal". There is no grace period.

What are the requirements for a UK Representative?

According to UK laws on data protection 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 has to be able to represent the entity with regard to its legal obligations and their contact information must be readily available to individuals within the UK who have personal information being processed by the non-UK company.

The individual who is the UK Representative must be a senior employee of the media or business organisation and has been hired and subsequently made an employee outside the UK by the media or business. The visa applicant must plan to work as the UK representative of the business or media organisation full-time and must not engage in any other business activities within the UK.

The visa applicant also needs to demonstrate that they have the skills and experience required to perform their duties as UK representative, which includes serving as the local contact point for individuals who are data subjects as well as UK data protection authorities. This is to ensure that the UK Representative has sufficient knowledge of and understanding of the UK data protection laws and can respond to any requests from individuals exercising their rights under the law and any other requests or enquiries received from data protection authorities.

As the Brexit process continues it is likely that the UK laws regarding data protection will change over time. At the moment, it is expected that companies from outside the UK that do business in the UK and collect personal information of individuals within the UK will be required to appoint an official from the UK Representative.

It is because article 27 of the UK's GDPR which was enacted as a UK national law, requires all entities that do not have any presence in the UK to nominate the position of a UK representative for data protection. If you're not sure whether you are required to nominate a UK data protection representative It is suggested that you consult an experienced lawyer.