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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 in global trade policy and international issues.

Businesses established outside of the UK must adhere to UK privacy laws. They must appoint an agent in the UK who will act as their point-of-contact for data subjects and ICO.

What is a UK Representative Avon, Wf.Ncdayas@Joesph.Mei@Www.Reps-R-Us.Co.Uk,?

The UK Representative is an individual, company or organisation mandated in writing by a data controller or processor to act on their behalf regarding all aspects of GDPR compliance. They will be the main point of contact for inquiries from data subjects who exercise their rights or requests from supervisory authority. They could also be subject to national regulations that have been implemented due to the GDPR’s extraterritorial reach (see the UK case Rondon against 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. This requirement is applicable to all organizations that do not have a permanent presence in the United Kingdom but offer goods or services, or observe the actions of those who reside there or handle personal data. The representative must be able proof of their identity and that they are competent in representing the controller or processor of data in relation to the UK GDPR's requirements.

In addition to acting as a portal for individuals to exercise their GDPR rights as well as a means for individuals to exercise their rights under GDPR, the representative must also capable of communicating with authorities in the event of a breach. The representative must inform the supervisory authority that appointed them regardless of whether or not the breach affects data subjects across multiple jurisdictions.

It is crucial that the representative you select has worked with both European and UK data protection authorities. It is also beneficial for them to have local language abilities since they are likely to receive calls from individuals and data protection agencies in the countries where they operate in.

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

Who should be appointed the UK Representative?

To be in compliance with the EU GDPR, companies outside of the EU who are aiming their goods or services towards European citizens but do not have a branch, office or establishment within the EU must designate an EU Representative. This is in addition to requirements from national data protection laws. A representative's job is to act as an individual point of contact for supervisory bodies and individuals regarding GDPR-related issues.

The UK has its own version to the EU requirements, as laid in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high: resources any organisation that offers products or services to, or monitors the conduct of data subjects within the UK must designate an UK Representative.

According to the UK-GDPR, a representative must be approved in writing by the data subjects or the British Information Commissioner's Office] "to be contacted, in addition or alternatively, on behalf the controller or processor". They are not personally responsible for GDPR compliance. However they must cooperate with supervisory authorities in formal proceedings and also receive notifications from data subjects exercising their rights (access request and right to be forgotten etc. ).

Representatives should be based in the state of the European Union in which the individuals whose personal data is processed reside. This isn't a straightforward decision that requires an in-depth legal and business analysis to determine the most suitable location for an organization. For this reason we offer an unrivalled service to assist organizations in assessing their needs and choosing the best Representative option.

It is also advisable that sale representatives have experience in working with supervisory authorities and dealing with requests from data subjects. The ability to communicate in a local language is frequently important as the job is likely to be involving dealing with requests from supervisory authorities or data subject in multiple countries across Europe.

The identity of the Representative should be made clear to the individuals who are data subjects by incorporating their details in privacy policies as well as the information provided to individuals before collecting their data (see Article 13 UK-GDPR). Contact details for the UK Representative should be published on your website so that supervisory authorities are able to easily contact them.

When do you need to designate a UK Representative?

If your organisation is located outside of the UK and offers goods or services in the UK or monitors the conduct of individuals, you could be required to appoint an UK Representative. The UK's applied EU GDPR regime applies for non-UK established companies which are operating in the UK. It has the same extraterritorial scope as EU GDPR, with limited exceptions. You can take our no-cost self-assessment to determine if you have this obligation.

A Representative is mandated by the appointing entity in the terms of a service contract to act on behalf of that entity with regard to a number of its obligations under the UK and EU GDPR if applicable. In the UK it would involve facilitating communication between the appointing entity and Information Commissioner's Office or any data subjects that are affected in the UK. A Representative could be an individual or a business that is established in the UK. The entity that is appointing the representative must inform data users that their personal data will be processed by the Representative and the identity of that individual or company must be made easily accessible to supervisory authorities.

In accordance with Articles 13 & 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 the data subjects in the UK. It must be clear that the job of a Representative is distinct from and not compatible with the role of the role of a Data Protection Officer ("DPO") which requires a certain degree of autonomy and independence that cannot be provided by a representative.

If you have to designate an official from the UK representative, you should do so in the earliest time possible. This is because the obligation is either immediately following Brexit (if it is a "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 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 does not have a physical presence in the UK, but is still subject to the law. The UK representative is required to be able represent an entity with respect to its legal obligations. Their contact details should also be available to UK residents whose personal information are processed by a non-UK company.

The individual who is the UK Representative must be a senior employee of the foreign media or business organization and has been enlisted and appointed as an employee outside the UK by that business or media organisation. The visa applicant must plan to work as the UK representative of the media or business organisation full-time and not engage in other business activities in the UK.

The applicant for visas also has to prove that they have the knowledge and experience necessary to fulfill their duties as UK representative, which entails serving as the local contact point for individuals who are data subjects as well as UK authorities responsible for data protection. This is to ensure that the UK Representative has sufficient knowledge of and expertise in the UK data protection laws, and can be able to respond to requests from individuals exercising their rights under the law in addition to any other requests or enquiries received from authorities dealing with data protection.

As the Brexit process continues, it is likely that the UK laws on data protection will change over time. However, at the moment, it is expected that companies from outside the UK that do business in the UK and collect personal information of individuals in the UK will need to designate an official from the UK Representative.

This is because the UK GDPR mandates that all entities without a UK presence must appoint a representative under article 27 of the UK GDPR, which has been retained as a national law in the UK. If you're not sure if you're required to have a UK data protection rep It is recommended to consult an experienced legal advisor.