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

Natacha has held a number of high-level positions within the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She has also been involved in international trade policy and issues of development.

Businesses established outside of the UK must adhere to UK privacy laws. They must designate 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 Representative is a person, business or other entity who has been appointed by the controller or data processor 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 may be subject to national regulations that were enacted as a result of the GDPR's extraterritorial reach (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. The requirement applies to any entity that does not have a separate establishment within the United Kingdom and that offers products or services to or monitors the behaviour of individuals residing in the United Kingdom, or that manages personal data of those individuals. The representative must be able to authentic proof of their identity, and that they can be the controller or processor of data in connection with UK GDPR requirements.

The representative must also be able communicate with authorities if there's a breach. The representative must inform the supervisory authority who appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.

It is crucial that the representative you select has experience working with both European and UK data protection authorities. It is also beneficial for them to speak a local avon representative language 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 responsible for any non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 has confirmed that a representative is not able to be sued by someone who believes the data controller has failed to adhere to GDPR in the UK. This is due to the fact that according to the court the Representative does not have a direct link to the data processing activities carried out by the represented entity.

Who is required to appoint a UK Representative?

The EU GDPR mandates that non-EU businesses with no office or branch within the EU, that target goods or services for European citizens must appoint a Representative. This is in addition to requirements of national data protection laws. The role of a Representative is to serve as the local point of contact for individuals and supervisory authorities regarding GDPR compliance issues.

The UK has its own equivalent to the EU requirement, which is set out in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high and any business that offers goods or services to or monitors the conduct of data subjects in the UK must appoint an official from the 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 the data subjects and the [British Information Commissioner's Office[British Information Commissioner's Office]". They are not able to be personally held accountable for compliance with the GDPR. They must, however, being an Avon Representative cooperate with supervisory authorities in official proceedings, and receive messages from those who exercise their rights. ).

Representatives should be based in the member state of the European Union in which the individuals whose personal data is processed are resident. Most of the time, this will not be an easy decision to make and a careful business and legal analysis is required to assess the location(s) best suited to an organization. For this reason we offer a dedicated service to assist organisations in assessing their needs and selecting the best option for them.

It is also recommended that representatives have previous experience in dealing with supervisory authority as well as dealing with inquiries from data subjects. The ability to communicate in a local language is frequently important as the role is likely to involve dealing with inquiries from supervisory authorities or data subject across Europe.

The identity of the representative must be made known to the people who have data through privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). Contact information for the UK Representative should be published on your website so that supervisory authorities can easily reach them.

When do you have to appoint a UK Representative?

If your company is located outside the UK provides goods or services to individuals in the UK, or monitors their behaviour and conducts surveillance, you may have to designate an UK Representative. The UK's applied EU GDPR regime applies for non-UK established companies that conduct business in the UK. It has the same extraterritorial reach as EU GDPR, but with a few exceptions. You should take our free self-assessment to determine if you are subject to 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 the UK GDPR and EU GDPR, being an Avon Representative as applicable. In the UK the primary goal of this would be to facilitate communication between the appointing entity and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. A Representative could be an individual or a company with a UK base. The appointing entity must inform the data users that their personal data will be processed by the Representative, and the identity of the person or company should be made easily accessible to supervisory authorities.

The entity that appointed the representative must provide the contact details of its representative to ICO and all data subjects affected in the UK in accordance with Article 13 and 14 of UK GDPR. It is essential to make clear that the job of a Representative is distinct from and not compatible with the duties of the role of a Data Protection Officer ("DPO") which requires a degree of independence and autonomy that cannot be provided by a representative.

If you need to appoint 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 time.

What are the requirements for a UK Representative?

According to UK laws on data protection A representative is a person or a company who is "designated" in writing by a company that has no physical presence in the UK but is subject to the law. The UK representative has to be able to represent the entity in compliance with its legal obligations, and their contact details should be made readily available to individuals within the UK whose personal data is being an avon representative (view it now) processed by a non-UK company.

The UK Representative must be an overseas senior member of a business or media company and has been recruited and employed as an employee by the media or business entity outside of the UK. The visa applicant must intend to work as the UK representative for the media or business organisation full-time, and must not be engaged in other business activities outside of the UK.

The applicant for visas also has to prove that they have the skills and experience necessary to fulfill the role of a UK representative, which entails acting as the local point of contact with individuals who are data subjects as well as UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK data protection laws to be able to respond to any inquiries and requests from data protection authorities as well as individuals exercising their rights.

As the Brexit process continues and the process continues, it is likely that UK laws on data protection will be altered as time passes. At present, it is expected that companies from outside the UK that conduct business in the UK and handle personal data of individuals in the UK will need to appoint a UK representative.

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 the position of a UK representative for data protection. If you're not sure if you need a UK data protection rep it is advised to seek out a knowledgeable legal advisor.