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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 the Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She also worked on global trade policy and international issues of development.

Businesses established outside of the UK must adhere to UK privacy laws. They must designate a representative in the UK who will act as their point of contact for data subjects and ICO.

What is a UK representative?

The UK Representative is a person, 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 all matters around GDPR compliance. They will be the main contact for all queries from individuals who exercise their rights or requests from supervisory authorities. They could also be subjected to national regulations which have been imposed because of the GDPR's extraterritorial reach (see the UK case Rondon against LexisNexis Risk Solutions).

The appointment of Representatives is required by Article 27 of the EU GDPR, as well as 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 sales representative jobs near me; read the article, must be able authentic proof of their identity, and that they are able to represent the controller or processor of data in respect to UK GDPR obligations.

As well as acting as a means 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 must submit a notification to the supervisory authority that appointed them, regardless of whether the breach affects data subjects across multiple jurisdictions.

It is recommended that the representative has worked with both European and UK-based authorities for data protection. It is also desirable to have local language skills because they are likely to receive calls from both individuals and data protection authorities in the countries where they work.

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 cannot be sued by someone who believes the data controller 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 to the processing of data by the entity that is represented.

Who is responsible for appointing the UK Representative?

The EU GDPR requires that non-EU businesses with no office or branch in the EU, that target goods or services for European citizens, must have a Representative. This is in addition to the requirements from national laws regarding data protection. A representative's job is to be the local point of contact for supervisory bodies and individuals regarding GDPR concerns.

The UK has a similar requirement to the EU, which is outlined in Article 27 of the 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.

Under the UK-GDPR, a representative must be formally authorized "to be additionally or alternatively addressed, on behalf of the controller or processor by the data subjects and the [British Information Commissioner's Office]". They cannot be held personally liable for the GDPR's compliance. 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 located within the EU member state where the people whose data are processed reside. This is not a simple decision that requires a thorough business and legal analysis to determine the most suitable location for a company. We provide an individualized service that assists organisations in assessing their needs and choosing the best representative option.

It is also advisable that the representative has experience working with supervisory authorities and dealing with data subject requests. The ability to communicate in a local language could be crucial, since the role may involve handling inquiries from supervisory authority or data subjects across Europe.

The identity of the representative must be made known to the data subjects through the privacy policies and the information provided before collecting 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 contact them.

When do you have to appoint an UK Representative?

If your company is located outside the UK offers goods or services to customers in the UK or monitors their behavior and conducts surveillance, you may have to appoint a UK representative. The UK's applied EU GDPR regime is applicable to established entities outside the UK that are performing activities in the UK. It has the same extraterritorial scope as EU GDPR, but with a few exceptions. Take our free self-assessment and Sales Representative Jobs Near Me determine if you are required to comply with this obligation.

A representative is appointed by the party appointing under a contract of service to act on behalf of the party in relation to certain obligations under 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 other affected data subjects in the UK. A Representative could be an individual or a company which is based in the UK. The appointing body must inform the subjects of data that the Representative is processing their personal information and ensure that the identity of the individual or business is readily available to supervisory authorities.

In accordance with Articles 13 and 14 of the UK GDPR, the appointing entity is also required to provide the contact information of its representative to the ICO and the people who have data in the UK. It is imperative to make clear that a representative's role is different from the one of a Data Protection Officer (DPO) which requires a level of autonomy and independence that is not possible for a representative.

If you need to appoint an official from the UK representative, you should do so as soon as you can. This is due to the fact that this 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 "with deal". There is no grace period.

What are the requirements for the designation of a UK Representative?

According to UK laws on data protection A representative is a person or a company who is "designated" in writing by an entity which has no physical presence in the UK however 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 details must be readily accessible to those within the UK whose personal data is being processed by the non-UK-based business.

The person who is the UK Representative must be a senior worker of the media or business organization and has been enlisted and subsequently made an employee outside the UK by the media or business organisation. The visa applicant must intend to work as the UK representative for the business or media organization full-time and must not engage in other business activities outside of the UK.

In addition the visa applicant must demonstrate the necessary skills and experience to perform their role as UK Representative which includes serving as the local point of contact for any queries from data subjects and UK data protection authorities. The UK Representative must possess sufficient knowledge and understanding of UK laws regarding data protection to be capable of responding to queries or requests from data protection authorities and individuals exercising their rights.

As the Brexit process continues it is likely that the UK laws on data protection will change as time passes. However, at present it is expected of 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 article 27 of the GDPR law in the UK, which was retained as an UK national law, requires all entities that do not have any presence in the UK to nominate avon become a representative UK data protection representative. If you're unsure whether you need a UK representative for data protection, it's recommended that you consult a qualified legal professional.