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What Is a UK Representative and Why Do You Need One?
Natacha has served in a number senior positions at the Foreign Office, including as Deputy Ambassador Become a Representative for China and Director of Economic Diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.
Businesses established outside of the UK must comply with 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 what is a UK representative?
The UK Representative is a person, company or organisation that has been authorised by a data processor or controller to act in their behalf on all matters related to GDPR compliance. They will be the primary contact point for any inquiries from data subjects who exercise their rights or requests from supervisory authorities. They could be subject to national requirements which have been imposed due to the GDPR’s extraterritorial reach (see the UK case Rondon against LexisNexis Risk Solutions).
The EU GDPR Article 27 and its UK equivalent Section 3.2.2 of the Data Protection Act 2018, require the appointment of an official representative. The requirement applies to any organization that does not have its own place of business within the United Kingdom and that offers products or services to or monitors the behaviour of individuals residing in the United Kingdom, or that processes personal data of such individuals. The representative sales must prove their identity, and also prove that they can represent the data processor or controller in connection with UK GDPR requirements.
In addition to serving as a platform for individuals to exercise their rights under GDPR and rights, the representative must be in a position to communicate with authorities in the event of an incident. The representative must inform the supervisory authority who appointed them regardless of whether the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen Representative has experience working with both European and UK-based data protection authorities. It is also beneficial for them to speak a local language because they will receive contacts from individuals and agencies in the countries where they work in.
The EDPB states that the Representative is responsible for 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 meet the GDPR requirements in the UK. This is due to the fact that, according to the court the Representative does not have a direct connection with the processing of data by the represented entity.
Who is required to appoint an UK Representative?
To comply with the EU GDPR, businesses that are not part of the EU who are aiming their goods or services to European citizens, but do not have an office, branch or establishment in the EU must appoint an EU Representative. This is in addition to the requirements of national data protection laws. The function of a representative is to act as a local point of contact for supervisory authorities and individuals in relation to GDPR compliance issues.
The UK has similar requirements to the EU as laid out in Article 27 of UK-GDPR. Similar to the EU requirement the threshold is not high for any company that provides products or services to, or monitors the behaviour of data subjects within the UK must appoint a UK representative.
In accordance with the UK-GDPR, a representative must be authorized in writing by the data subject or the [British Information Commissioner's office[British Information Commissioner's Office] "to be contacted, further or alternately, on behalf the controller or processor". They cannot be held personally responsible for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and also 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. This isn't a straightforward decision that requires an in-depth legal and business analysis to determine the best location for a company. We offer a dedicated service that helps organisations evaluate their needs and select the most appropriate representative location.
It is also recommended that Representatives have experience in dealing with supervisory authorities and dealing with data subject requests. The ability to communicate in a local language is frequently important as the job will be involving dealing with requests from supervisory authorities or data subject across Europe.
The identity of the representative must be disclosed to individuals who are the data subjects via privacy policies and other information that is provided prior to the collection of data (see article 13 UK-GDPR). The UK Representative's contact information should also be made available on your website, giving the authorities in charge of supervision easy access to contact them.
When do you need to appoint an UK Representative?
If your business is located outside of the UK and offers goods or services in the UK or monitors the behavior of individuals, you might be required to appoint an UK Representative. The UK's Applied EU GDPR regime applies for non-UK established entities which are operating in the UK. It has the same extraterritorial reach as EU GDPR, with limited exceptions. You should take our free self-assessment to see whether you have this obligation.
A representative is appointed by the entity that appointed them under an agreement to act on behalf of that entity with regard to certain 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. Representatives can be an individual or a business that is established in the UK. The appointing body must inform data subjects that their personal information will be processed by the Representative. The identity of that person or company should be easily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its Representative to the ICO and the data subjects that are affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It is imperative to make clear that a representative's role is distinct from the role of the position of a Data Protection Officer (DPO) that requires a certain degree of autonomy and independence not possible for a representative.
If you have to appoint a UK representative, it is best to do so as quickly as possible. This is because the requirement is required 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 the designation of a UK Representative?
According to UK data protection laws, a representative is a person or company who is "designated" in writing by an entity which has no physical presence in the UK, but is still subject to the law. The UK sales representative should be able to represent an entity in relation to its legal obligations. Contact details for representatives should be readily available to UK residents whose personal details are being processed by a non-UK company.
The individual who is the UK Representative must be a senior worker of the overseas business or media organisation and has been enlisted and taken on as an employee outside the UK by that business or media organisation. The applicant for the visa must be planning to serve as the UK representative of the business or media organization full-time and not engage in other business activities outside of the UK.
In addition the visa applicant must demonstrate the necessary knowledge and skills to perform their role as UK Representative which includes serving as the local contact for inquiries from data subjects and UK data protection authorities. The UK Representative must have sufficient knowledge and expertise of UK data protection laws to be competent to respond to requests and enquiries from data protection authorities and individuals exercising their rights.
As the Brexit process progresses, it is likely the UK data protection laws will change in the future. At present it is expected that companies from outside the UK that conduct business in the UK and collect personal information of people in the UK will need to designate become a representative (Recommended Web page) UK representative.
This is because the UK GDPR requires that entities that do not have a UK presence must appoint representatives under article 27 of the UK GDPR, which has been retained as a national law in the UK. If you're not sure whether you need a UK representative for data protection It is recommended to consult a qualified legal professional.
Natacha has served in a number senior positions at the Foreign Office, including as Deputy Ambassador Become a Representative for China and Director of Economic Diplomacy and Emerging Powers. She has also been involved in global trade policy and international issues.
Businesses established outside of the UK must comply with 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 what is a UK representative?
The UK Representative is a person, company or organisation that has been authorised by a data processor or controller to act in their behalf on all matters related to GDPR compliance. They will be the primary contact point for any inquiries from data subjects who exercise their rights or requests from supervisory authorities. They could be subject to national requirements which have been imposed due to the GDPR’s extraterritorial reach (see the UK case Rondon against LexisNexis Risk Solutions).
The EU GDPR Article 27 and its UK equivalent Section 3.2.2 of the Data Protection Act 2018, require the appointment of an official representative. The requirement applies to any organization that does not have its own place of business within the United Kingdom and that offers products or services to or monitors the behaviour of individuals residing in the United Kingdom, or that processes personal data of such individuals. The representative sales must prove their identity, and also prove that they can represent the data processor or controller in connection with UK GDPR requirements.
In addition to serving as a platform for individuals to exercise their rights under GDPR and rights, the representative must be in a position to communicate with authorities in the event of an incident. The representative must inform the supervisory authority who appointed them regardless of whether the breach affects data subjects in multiple jurisdictions.
It is recommended that your chosen Representative has experience working with both European and UK-based data protection authorities. It is also beneficial for them to speak a local language because they will receive contacts from individuals and agencies in the countries where they work in.
The EDPB states that the Representative is responsible for 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 meet the GDPR requirements in the UK. This is due to the fact that, according to the court the Representative does not have a direct connection with the processing of data by the represented entity.
Who is required to appoint an UK Representative?
To comply with the EU GDPR, businesses that are not part of the EU who are aiming their goods or services to European citizens, but do not have an office, branch or establishment in the EU must appoint an EU Representative. This is in addition to the requirements of national data protection laws. The function of a representative is to act as a local point of contact for supervisory authorities and individuals in relation to GDPR compliance issues.
The UK has similar requirements to the EU as laid out in Article 27 of UK-GDPR. Similar to the EU requirement the threshold is not high for any company that provides products or services to, or monitors the behaviour of data subjects within the UK must appoint a UK representative.
In accordance with the UK-GDPR, a representative must be authorized in writing by the data subject or the [British Information Commissioner's office[British Information Commissioner's Office] "to be contacted, further or alternately, on behalf the controller or processor". They cannot be held personally responsible for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and also 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. This isn't a straightforward decision that requires an in-depth legal and business analysis to determine the best location for a company. We offer a dedicated service that helps organisations evaluate their needs and select the most appropriate representative location.
It is also recommended that Representatives have experience in dealing with supervisory authorities and dealing with data subject requests. The ability to communicate in a local language is frequently important as the job will be involving dealing with requests from supervisory authorities or data subject across Europe.
The identity of the representative must be disclosed to individuals who are the data subjects via privacy policies and other information that is provided prior to the collection of data (see article 13 UK-GDPR). The UK Representative's contact information should also be made available on your website, giving the authorities in charge of supervision easy access to contact them.
When do you need to appoint an UK Representative?
If your business is located outside of the UK and offers goods or services in the UK or monitors the behavior of individuals, you might be required to appoint an UK Representative. The UK's Applied EU GDPR regime applies for non-UK established entities which are operating in the UK. It has the same extraterritorial reach as EU GDPR, with limited exceptions. You should take our free self-assessment to see whether you have this obligation.
A representative is appointed by the entity that appointed them under an agreement to act on behalf of that entity with regard to certain 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. Representatives can be an individual or a business that is established in the UK. The appointing body must inform data subjects that their personal information will be processed by the Representative. The identity of that person or company should be easily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact details of its Representative to the ICO and the data subjects that are affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It is imperative to make clear that a representative's role is distinct from the role of the position of a Data Protection Officer (DPO) that requires a certain degree of autonomy and independence not possible for a representative.
If you have to appoint a UK representative, it is best to do so as quickly as possible. This is because the requirement is required 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 the designation of a UK Representative?
According to UK data protection laws, a representative is a person or company who is "designated" in writing by an entity which has no physical presence in the UK, but is still subject to the law. The UK sales representative should be able to represent an entity in relation to its legal obligations. Contact details for representatives should be readily available to UK residents whose personal details are being processed by a non-UK company.
The individual who is the UK Representative must be a senior worker of the overseas business or media organisation and has been enlisted and taken on as an employee outside the UK by that business or media organisation. The applicant for the visa must be planning to serve as the UK representative of the business or media organization full-time and not engage in other business activities outside of the UK.
In addition the visa applicant must demonstrate the necessary knowledge and skills to perform their role as UK Representative which includes serving as the local contact for inquiries from data subjects and UK data protection authorities. The UK Representative must have sufficient knowledge and expertise of UK data protection laws to be competent to respond to requests and enquiries from data protection authorities and individuals exercising their rights.
As the Brexit process progresses, it is likely the UK data protection laws will change in the future. At present it is expected that companies from outside the UK that conduct business in the UK and collect personal information of people in the UK will need to designate become a representative (Recommended Web page) UK representative.
This is because the UK GDPR requires that entities that do not have a UK presence must appoint representatives under article 27 of the UK GDPR, which has been retained as a national law in the UK. If you're not sure whether you need a UK representative for data protection It is recommended to consult a qualified legal professional.
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