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

Natacha has held several senior positions within the Foreign Office, including as the Deputy Ambassador for China and Director responsible for Economic Diplomacy and Emerging Powers. She has also worked on global trade policy and international development issues.

Businesses established outside of the UK must adhere to UK privacy laws. They must appoint an official in the UK who will serve as their point of contact for data subjects and ICO.

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 their behalf in all matters around GDPR compliance. They will be the main contact for any queries from data subjects exercising their rights or requests from supervisory authorities. They may also be subject to national requirements that have been enacted as a result of the 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, and 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 individuals located there or process personal data. The representative must be able to provide proof of their identity as well as that they are able of representing the data controller or UK representative processor in relation to the UK GDPR's requirements.

In addition to acting as a portal for individuals to exercise their rights under GDPR and rights, the representative must be able to communicate with authorities in the event of an incident. The representative must inform the supervisory authority that appointed them regardless of whether the breach affects data subjects in multiple jurisdictions.

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

The EDPB states that the Representative is responsible for non-compliance. However, the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative cannot be sued by anyone who believes that the controller of the data did not meet the GDPR requirements in the UK. The court ruled that the sales representative jobs did not have a direct connection to the processing of data by the entity being represented.

Who is required to appoint the UK Representative?

To comply with the EU GDPR, companies outside of the EU that are targeting goods or services for European citizens, but do NOT have a branch, office or establishment within the EU must designate an EU Representative. This is in addition the requirements of the national data protection laws. The role of a Representative is to serve as an individual point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.

The UK has an identical requirement to that of the EU that is described in Article 27 of UK-GDPR. The threshold is the same as that of the EU requirement: any organisation providing goods or services within the UK, or monitoring the conduct of data subjects, must appoint an UK Representative.

According to the UK-GDPR a representative must be approved in writing by the data subjects or the British Information Commissioner's Office[British Information Commissioner's Office] "to be addressed, additionally or alternately, on behalf the controller or processor". They are not able to be personally held accountable for compliance with the GDPR. They must, however, UK Representative cooperate with supervisory authorities in official proceedings, and receive communications from individuals who exercise their rights. ).

Representatives should be based in the EU member state in which the individuals whose personal data is being processed reside. In the majority of cases, this is not an easy choice to make. A thorough analysis of legal and business aspects is required to determine the location(s) best suited to an organisation. We provide a service that assists businesses to determine their needs and select the most suitable representative choice.

It is also recommended that the representative has experience interacting with both supervisory authorities and handling data subject requests. The ability to communicate in a local language could be crucial, since the job could involve dealing with inquiries by data subjects or supervisory authorities in multiple countries throughout Europe.

The identity of the Representative should be made clear to data subjects by including their details in privacy policies and the information provided to individuals before collecting their personal data (see Article 13 of the UK-GDPR). The UK Representative's contact details should also be made available on your website, giving the authorities in charge of supervision easy access to connect with them.

When is the best time to designate a UK Representative?

If your company is located outside of the UK, offers goods or services to individuals in the UK or monitors their behavior, you may need to appoint the position of a 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 scope of extraterritorial application as the EU GDPR (with limited exceptions). It is recommended that you take our free self-assessment and find out if you are required to comply with this requirement.

A representative is appointed by the party appointing under the terms of a contract of service. The representative is appointed to act on behalf of the party in relation to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary purpose 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 company based in the UK. The body that appointed them must inform data subjects that the Representative is processing their personal data and ensure that the identity of the individual or company is readily available to supervisory authorities.

The appointing entity must also 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 is essential to clarify that a representative's role is different from that of the role of a Data Protection Officer (DPO) which requires a level of independence and autonomy that is not available to the role of a representative.

If you are required to designate an UK representative, you should do so as soon as possible. This is because the need for this comes immediately upon Brexit (if there is a 'hard' or 'no deal' Brexit) or after an implementation period (if there is a soft or "with deal" Brexit). There is no grace period.

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 business that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the provisions of the law. The UK representative should be able to represent an entity in relation to its legal obligations. Contact details for representatives should also be available to UK residents whose personal information are 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 of the media or business entity located outside the UK. The applicant must genuinely intend to work full-time as the UK representative for the business or media company, and are not allowed to engage in any other business activity in the UK.

Additionally the visa holder must demonstrate that they possess the necessary knowledge and skills to perform their role as a UK Representative, which will include acting as the local point of contact for any queries from data subjects and UK data protection authorities. The UK Representative must have the knowledge and expertise of UK laws regarding data protection to be competent to respond to queries or requests from data protection authorities and individuals exercising their rights.

As the Brexit process moves forward, it is likely the UK laws on data protection will be altered over time. At the moment, however, it is expected for non-UK companies that do business in the UK and collect personal data on individuals in the UK to choose 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 is regarded as a national law in the UK. If you are unsure of whether you should nominate the position of a uk representative (go to this web-site) for data protection It is suggested that you speak to an experienced legal advisor.