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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, including as Deputy Ambassador for China and Director for Economic Diplomacy and Emerging Powers. She has also worked on global trade policy as well as international development issues.

Businesses that are not located in the UK are obliged to comply with UK privacy legislation. They must choose an agent in the UK who will be their point-of-contact for local avon representative individuals who have data and the ICO.

What is what is a UK Representative?

The UK Representative is a person, business or organization that has been mandated by a data processor or controller to act in their behalf on all matters relating to GDPR compliance. They will be the primary contact point for inquiries from individuals exercising their rights or requests from supervisory authorities. They could be subject to national requirements which have been implemented as a result of the GDPR's extraterritorial scope (see the UK case Rondon v 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 company that does not have its own establishment within the United Kingdom and that offers services or goods or monitors the conduct of individuals located in the United Kingdom, or that handles personal data of these individuals. The representative must be able evidence of their identity and that they are able of representing the controller or processor of data in respect 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 a breach. This is because the Representative needs to submit a notification to the supervisory authority who appointed them regardless of whether the breach impacts data subjects across different jurisdictions.

It is important that the representative you select has experience working with both European and UK authorities for data protection. It is also desirable for them to have local language abilities, as they will likely receive calls from individuals and agencies in the countries they operate.

The EDPB declares that the Representative is accountable for non-compliance. However, the UK case of Rondon v. LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative can't be sued by a person who believes that the controller of the data has failed to meet the GDPR requirements in the UK. This is due to the fact that according to the court, the Representative has no direct connection with the data processing activities carried out by the represented entity.

Who is required to appoint the UK Representative?

The EU GDPR mandates that non-EU businesses with no office or branch in the EU and that are targeting goods or services at European citizens must appoint an official. This is in addition to requirements of national laws on data protection. The function of a representative is to act as an individual point of contact for individuals and supervisory authorities with respect to GDPR compliance issues.

The UK has a similar requirement to the EU, which is outlined in Article 27 of UK-GDPR. As with the EU requirement the threshold is lower: any organisation that offers products or services to, or monitors the behaviour of data subjects in 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 responsible for GDPR compliance. They must however cooperate with supervisory authorities during official proceedings, and receive communications from individuals who exercise their rights. ).

Representatives should be based in the state of the European Union in which the individuals whose personal data is processed are residents. This is not an easy choice and requires an in-depth legal and business analysis to determine the right location for a company. We provide an unrivalled service to assist organizations 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. Local language skills can also be crucial, since the role may involve handling inquiries from supervisory authority or data subjects in multiple countries throughout Europe.

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

When do you need to designate a UK representative jobs?

If your organisation is based outside the UK provides products or services to people within the UK or monitors their behaviour, you may need to designate an UK Representative. The UK's applied EU GDPR regime is applicable to non-UK established companies that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, but with a few exceptions. Take our self-assessment for free and check if you're required to comply with this obligation.

A representative is appointed by the party appointing under an agreement of service to act on behalf of the party with respect to certain obligations under the UK GDPR and EU GDPR, if applicable. In the UK, this would primarily involve facilitating communications between the appointing entity and the Information Commissioner's Office or any data subjects affected in the UK. A Representative could be an individual or a UK-based company. The appointing body must inform individuals who are data individuals that their personal information will be processed by the Representative. The identity of that individual or company has to be easily accessible to supervisory authorities.

According to Articles 13 and 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 make it clear that the role of a Representative is separate from and incompatible with that of a Data Protection Officer ("DPO"), which requires a level of autonomy and independence that cannot be offered by a Representative.

If you have to appoint a UK representative sales, you should do so in the earliest time possible. This is because the requirement arises immediately upon Brexit (if there is a 'hard' or 'no deal' Brexit) or [empty] after become an avon representative (visit web site) implementation period (if there is a'soft' or "with deal" Brexit). There is no grace period.

What are the requirements to be a UK representative?

According to UK data protection laws A representative is a person or a company who is "designated" in writing by an entity that has no physical presence in the UK but is subject to the law. The UK representative should be able to represent the entity in compliance with its legal obligations and their contact information should be made readily available to those in the UK who have personal information being processed by a non-UK company.

The individual who is the UK Representative must be a senior employee of the foreign media or business organisation and have been recruited and appointed as an employee outside the UK by the media or business organisation. The applicant must genuinely intend to be full-time employed as the UK Representative for the business or media company, and must not engage in any other business ventures in the UK.

Additionally, the visa applicant must demonstrate the necessary skills and experience to fulfill their duties as UK Representative which includes serving as local point of contact for queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative is well-informed of and experience with UK data protection laws, and can respond to any 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 moves forward and the process continues, it is likely that UK laws on data protection are going to change in the future. However, at present it is expected for companies from outside the UK that conduct business in the UK and collect personal information on individuals within the UK to choose UK representatives.

It is because article 27 of the GDPR in the United Kingdom, which was retained as a UK national law, requires entities without a UK-based presence to appoint a UK data protection representative. If you're unsure whether you're required to have a UK representative for data protection, it's recommended that you consult an experienced legal advisor.