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What is a UK Representative?

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Under EU directives and UK legislation, manufacturers who are not located in the EU must nominate an Authorised Representative (EC Rep) and/or a UK Rep. Exceptions do exist.

What is a UK Rep?

A UK Rep is a company or person who is appointed by a manufacturer to take care of specific duties pertaining to product compliance in the UK. In accordance with the specific product law the role could include the preparation of UK Declarations of Conformity (DCC) for medical devices, or being the first point of contact with the MHRA. A Responsible Person is usually known as an Authorised Rep.

UK reps jobs are needed for companies from outside Europe who wish to sell their products on the UK market in accordance with EU directives or UK laws. If you are a UK fulfilment service provider, shipping company or other organization is designated as an Authorised Rep, it must comply with EU directives and UK law. Authorised Rep it must also be in compliance with EU directives on safety of products and traceability and UK law.

With the Brexit, the EU GDPR is no longer directly applicable in the UK businesses that wish to do business in the UK must adhere to a new set of data protection laws referred to as the UK GDPR. These UK regulations follow the same regulations to the EU GDPR, but are adapted to be enforceable by the Information Commissioner's Office in the UK.

According to the UK GDPR, it is a requirement for organisations outside the EU to establish representatives in the UK in order to be able to effectively communicate with authorities for data protection in the UK and with individuals. The representative can be a person or company located in the UK that can represent a business shop with my rep (from www.atextape.com) regard to its obligations under UK GDPR.

A UK Representative is a distinct role that requires someone knowledgeable about the requirements for working with authorities that protect data and handling requests from individuals. It is recommended that businesses who is new to compliance hire an UK Rep to help with initial setup and ongoing support. This could include helping in the development of procedures documents, document templates, and training for company employees.

How do I appoint the UK Rep?

You need to have a representative in case your company conducts business in the EU (EU GDPR article 3(2)). This requirement is applicable regardless of whether or whether you have offices in Europe. If you do not have offices in the EU but you do business in the EU you'll need an EU and UK representative, unless you handle very limited personal information of EU citizens. If you're a company that does not have offices in the EU but has business there, then you must have both an EU and UK rep unless the processing of personal information from people within the EU is extremely restricted.

If you are an EU company that offers goods and services to EU subjects or monitors their conduct, you must appoint someone from the UK. (UK GDPR article 27). This requirement exists regardless of whether you are a controller of data or a data processor. The UK representative should be able to represent your company in relation to GDPR obligations and act as the point of contact for individuals and the ICO.

The UK representative has to be a business or an organisation established within the EEA and be able to represent your business in relation to your obligations under the GDPR. This is typically an independent law firm. However it could also be a private firm or a consultancy. You can make the contact information of your representative easily accessible to EEA data subjects by publishing or incorporating them in privacy notices. This will allow EEA-based data subjects to reach out to the representative with their concerns regarding your company's handling of their personal data.

You must name your representative in writing and should set the terms of their relationship, similar to a contract for services. The person who appointed them remains accountable for the activities of their representative, which is essential to consider in context of the recent Rondon judgment 2021 EWHC 1427.

There are some exceptions to the need to appoint a UK Representative, however these are very limited and seldom apply. This obligation does not apply to public authorities, bodies or companies that process data only occasionally and with low risk. However in the event that an exception applies to you, it must be carefully evaluated to ensure that the requirement under the GDPR has been fulfilled.

What are the responsibilities of a UK Rep has?

A UK Rep is become an avon rep individual or organization that acts as the point of contact for local data protection enquiries from individuals or the ICO. A UK Rep can be an employee or independent contractor. They could also be an entity established in the UK, such as an law firm or consultancy.

Article 27 of the GDPR specifies the duties of a UK Rep. This requires all companies that are not part of the EU or that offer products or services to or observe the conduct of individuals in the reps uk to designate a representative to act as a point of contact for the ICO.

A UK rep is the same as an EU authorized representative (EUAR) however, it only applies to the United Kingdom. EUARs are responsible for monitoring compliance, and providing information to MHRA.

However, the UKRP has more responsibilities with respect to the UK's newest Medical Device Regulation (MDR). For example the UKRP is responsible for registering devices with the MHRA and acting as the liaison between the manufacturer and the MHRA. A UKRP is also responsible for Reps the organization's compliance with MDR.

Similarly, a union rep, also known as a steward, has statutory rights to represent their members in the workplace and also perform other duties in the workplace. Typically, they are elected by the relevant members and can be elected via a meeting or ballot. The appointment is usually notified to the employer by the union.

Travel agents hire holiday reps uk to work in their resorts abroad and in the UK during the summer months. Representatives are trained in the UK and then transferred to their resorts. These roles often require the ability to work and travel abroad. Representatives are monitored by the company they work for and are subject to appraisals of their performance. They could also receive commissions for bookings they make. The exact amount is dependant on the tour operator but is usually an amount of the tour operator’s profit. It is crucial that the representative is clear about this with their clients. Ideally, this should be made explicit in the conditions and terms of the role.

How do I find an UK Rep?

UK Data Protection Law requires that companies based outside of the UK that provide goods or services or examine the conduct of individuals within the UK appoint UK representatives. The person appointed is the main contact between the data subjects and ICO (Information Commissioner's Office). The appointment of your UK Representative must be in writing and set out the conditions of your relationship with them. The GDPR does not change your responsibility or liability because of having a Representative.

The requirement for a UK Representative is required for all non-EU manufacturers selling into the GB market, except Northern Ireland (which still requires an EU Authorised Representative). The function of the UK Rep can be taken by any company which can show their capacity to fulfil the requirements of the relevant product law and act as an efficient point of contact between the manufacturer and national market surveillance authorities and Notified Bodies. This includes, but isn't only:

In the case of medical devices, the authorised representative is usually a reputable Certification Company. For other products, Shop With My Rep it may be the sales agent or distributor.

You must make the contact details of your selected UK Representative available to individuals (individuals) whose personal data you process and make them easy to find. This can be done by including them in your privacy notice or putting them on your website. You don't have to inform the ICO of the representative you choose but their contact details must be easily accessible to them.

The best option is to select a reputable and established organisation, such as ProductIP who will act as your UK Authorised Representative. We have years of experience dealing with both European and UK legislation. We offer a comprehensive service for companies looking to meet their obligations as required by EU and GB regulations. Our team of experts are ready to assist you in appointing an official from the UK Rep and achieve the representation that consumers and market surveillance authorities would.