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

Natacha has held a number of senior roles 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 that are not located in the UK are required to adhere to UK privacy legislation. They must choose a representative in the UK who will be their point of contact for data subjects and ICO.

What is a UK representative?

The UK Representative is an individual, company or organisation that is formally mandated by a data controller or processor to act on behalf of the controller or processor regarding the GDPR's compliance issues in general. They will be the primary contact point for any queries from individuals who exercise their rights or requests from supervisory authorities. They could also be subject to national requirements that have been implemented due to the GDPR's extraterritorial scope (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. The requirement applies to any entity that does not have its own establishment within the United Kingdom and that offers goods or services to or monitors the behaviour of individuals residing in the United Kingdom, or that processes personal data of such individuals. The representative must provide proof of their identity, and also prove that they can be the data processor or controller in respect to UK GDPR obligations.

In addition to acting as a portal for individuals to exercise their rights under GDPR as well as a means for individuals to exercise their rights under GDPR, Avon For Representatives the representative must also in a position to communicate with authorities in the event of an incident. The representative must notify the supervisory authority who appointed them, regardless of whether the breach affects individuals in multiple jurisdictions.

It is essential that the representative you select has worked with both European and UK data protection authorities. It is also desirable to have local language skills since they will receive contacts from both individuals and data protection authorities in the countries in which they operate.

The EDPB states that the Representative is accountable for any 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 did not adhere to GDPR in the UK. The court found that the Representative was not in direct connection with the data processing activities of the represented entity.

Who is required to appoint the UK Representative?

The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU, that target products or services to European citizens, must designate representatives. This is in addition the requirements of the national data protection laws. A Representative's role is to act as an individual point of contact avon for representatives (just click the next document) supervisory bodies and individuals in relation to GDPR issues.

The UK has its own equivalent to the EU requirements, as laid out in Article 27 of the UK-GDPR. As with the EU requirement the threshold is lower for avon For representatives any company that provides products or services to, or monitors the conduct of data subjects in the UK must choose an UK representative.

According to the UK-GDPR, a representative must be approved in writing by the data subject or the [British Information Commissioner's officeto be able "to be contacted, further or alternately, on behalf the controller or processor". They cannot be personally held accountable for the GDPR's compliance. However, they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects who exercise their rights (access request, right to be forgotten etc. ).

Representatives should be located in the Member State of the European Union in which the individuals whose personal information is processed reside. In most cases this is not an easy decision to make. A careful business and legal analysis is required to assess the location(s) most appropriate for an organisation. We offer a dedicated service that helps organisations determine their needs and select the most appropriate representative location.

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

The identity of the representative must be disclosed to data subjects through the privacy policies and other information that is provided before collecting data (see article 13 in the UK-GDPR). Contact details for the UK Representative should be made available on your website so that supervisory authorities are able to easily reach them.

When do you need to appoint a UK Representative?

If your company is located outside the UK provides goods or services to individuals who reside in the UK, or monitors their behavior it is possible 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 EU GDPR (with some exceptions). Take our free self-assessment to see if you are required to comply with this obligation.

A representative is appointed by the party appointing under an agreement of service to represent that party with respect to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal of this would be to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any data subjects affected in the UK. A Representative could be an individual or a company with a UK base. The body that appoints them must inform the subjects of data that the Representative is processing their personal data and that the identity of the person or company is readily available to supervisory authorities.

According to Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative 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 job of a Representative is distinct from and not compatible with the role of a Data Protection Officer ("DPO"), which requires a degree of autonomy and independence that cannot be offered by a Representative.

If you are required to designate a UK representative, it is best to do so as fast as possible. This is because this requirement arises either immediately after Brexit (if it is an "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or "with deal". There is no grace period.

What are the requirements to be a UK representative?

Under the UK law on data protection (and specifically article 27 of the UK GDPR) sales representatives jobs are an individual or a company 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 with respect to its obligations under law. The contact information of the representative should also be available to UK residents whose personal details are being processed by a non-UK business.

The UK Representative must be an overseas senior member of a media or business company and has been recruited and employed as an employee of the media or business entity located outside the UK. The visa applicant must genuinely intend to be full-time employed as the UK Representative for the media or business organization, and they must not engage in any other business activities in the UK.

The applicant also has to prove that they have the skills and experience needed to fulfill their role as UK representative, which involves serving as a local point of contact for individuals who are data subjects as well as UK authorities responsible for data protection. This is to ensure that the UK Representative is well-informed of and experience with UK data protection laws and can be able to respond to requests from individuals exercising their rights under the law, as well as any other requests or enquiries received from data protection authorities.

As the Brexit process continues, it is likely that the UK data protection laws will evolve over time. However, at the moment, it is expected that companies from outside the UK that do business in the UK and process personal data of people in the UK will need to appoint a UK Representative.

This is because the UK GDPR stipulates that companies without a UK presence must appoint a representative under article 27 of the UK GDPR, which has been retained as become a avon representative law of the nation in the UK. If you're not sure if you need a UK representative for data protection, it's recommended that you consult an experienced legal advisor.