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What Is a UK Representative and Why Do You Need One?
Natacha has held various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses established outside of the UK must comply with UK privacy laws. They must choose an agent in the UK who will act as their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is an individual, company or organisation that is formally mandated by the controller or processor of data to act on their behalf in relation to all matters around GDPR compliance. They will be the primary contact point for inquiries from data subjects exercising their rights or requests from supervisory authorities. They may be subject to national regulations that have been enacted in light of the GDPR's extraterritorial scope (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. This requirement applies to all entities that do not have a permanent presence in the United Kingdom but offer goods or services or observe the actions of people who are located in the United Kingdom, or who handle personal data. The Representative must be able to provide proof of their identity and that they are competent in representing the data controller or processor in relation to the UK GDPR's requirements.
The Representative must also be able communicate with authorities if there's an incident. This is because the Representative needs to make a formal notification to the supervisory authority that appointed them regardless of whether the breach affects the data subject across 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 have local language abilities, as they will likely receive contact from individuals and data protection agencies in the countries they operate.
Although the EDPB states that the Representative should be held accountable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the apparent failure to adhere to the UK GDPR. The court concluded that the Representative was not in direct connection to the processing of data by the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office or branch within the EU that market their products or services to European citizens, must have an official. This is in addition to the requirements of national data protection laws. The role of a representative is to act as the local point of contact for individuals and supervisory bodies regarding GDPR concerns.
The UK has similar requirements to the EU, which is outlined in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organisation providing goods or services within the UK or monitoring the conduct of the data subjects, has to appoint an 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 addressed, additionally or alternatively, on behalf of the controller or processor". They cannot be held personally accountable for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects exercising their rights (access request, right to be forgotten etc. ).
Representatives should be based in the EU member state where the individuals whose personal data are being processed reside. In most cases this will not be an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. For this reason we offer an individualized service that assists companies in assessing their requirements and choosing the best representative option.
It is also recommended that the representative has experience interacting with both supervisory authorities and dealing with data subject requests. Local language skills can also be essential, as the job could involve handling inquiries from data subjects or sales representative supervisory authorities in a variety of countries across Europe.
The identity of the representative must be disclosed to people who have data through privacy policies and the information provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact details should also be made available on your website, giving easy access for supervisory authorities to connect with them.
When is the best time to designate an UK Representative?
If your company is located outside of the UK offers products or services to people within the UK, or monitors their behaviour and conducts surveillance, you may have to select an UK Representative. The UK's Applied GDPR system 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 self-assessment for free and determine if you are subject to this obligation.
A representative is appointed by the appointing entity in an agreement to represent the entity with respect to certain of its obligations under UK and EU GDPR, if applicable. In the UK, this would primarily involve facilitating communication between the appointing entity and Information Commissioner's Office or any individuals affected by the UK. A Representative can either be an individual or a company based in the UK. The appointing body must make it clear to the data subjects that their personal information will be processed by the Representative and the identity of the individual or company must be readily available to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the sales representative; dr.ess.Aleoklop.e@www.reps-r-us.co.uk, is also required to provide the contact details of its representative to the ICO as well as to data subjects in the UK. It must be clear that the function of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO"), which requires a level of independence and autonomy that cannot be provided by a Representative.
If you are required to appoint an UK representative, it is best to do it as soon as you can. This is due to the fact that this requirement is required either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or a "with deal". There is no grace period.
What are the requirements for a UK Representative?
According to UK laws on data protection the definition of a representative is a person or company who is "designated" in writing by an entity that has no physical presence in the UK, but is still subject to the law. The UK representative should be able to represent an entity with respect to its obligations under law. Their contact details should also be readily accessible to UK residents whose personal data are being processed by become a avon representative non-UK company.
The person who is the UK Representative must be a senior member of the overseas media or business organization and have been recruited and taken on as an employee outside the UK by the media or business. The applicant must genuinely intend to work full-time as the UK representative for the media or business organization, and they are not allowed to engage in any other business ventures in the UK.
In addition the visa holder must demonstrate that they possess the necessary skills and experience to fulfill their duties as a UK Representative that includes acting as local point of contact for any queries from data subjects and the UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws, and can respond to any requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from data protection authorities.
As the Brexit process moves forward it is likely that the UK laws on data protection will change as time passes. At the moment, it is expected that non-UK businesses that do business in the UK and process personal data of people in the UK will be required to appoint an official from the UK Representative.
This is because article 27 of the UK's GDPR which was enacted as an UK national law, requires all entities that do not have having a presence in the UK to appoint an UK representative for data protection. If you're not sure whether you need to appoint an UK data protection representative, it is recommended that you consult an experienced lawyer.
Natacha has held various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses established outside of the UK must comply with UK privacy laws. They must choose an agent in the UK who will act as their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is an individual, company or organisation that is formally mandated by the controller or processor of data to act on their behalf in relation to all matters around GDPR compliance. They will be the primary contact point for inquiries from data subjects exercising their rights or requests from supervisory authorities. They may be subject to national regulations that have been enacted in light of the GDPR's extraterritorial scope (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. This requirement applies to all entities that do not have a permanent presence in the United Kingdom but offer goods or services or observe the actions of people who are located in the United Kingdom, or who handle personal data. The Representative must be able to provide proof of their identity and that they are competent in representing the data controller or processor in relation to the UK GDPR's requirements.
The Representative must also be able communicate with authorities if there's an incident. This is because the Representative needs to make a formal notification to the supervisory authority that appointed them regardless of whether the breach affects the data subject across 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 have local language abilities, as they will likely receive contact from individuals and data protection agencies in the countries they operate.
Although the EDPB states that the Representative should be held accountable in the event of non-compliance, the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the apparent failure to adhere to the UK GDPR. The court concluded that the Representative was not in direct connection to the processing of data by the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office or branch within the EU that market their products or services to European citizens, must have an official. This is in addition to the requirements of national data protection laws. The role of a representative is to act as the local point of contact for individuals and supervisory bodies regarding GDPR concerns.
The UK has similar requirements to the EU, which is outlined in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organisation providing goods or services within the UK or monitoring the conduct of the data subjects, has to appoint an 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 addressed, additionally or alternatively, on behalf of the controller or processor". They cannot be held personally accountable for GDPR compliance. However, they must cooperate with supervisory authorities in formal proceedings and receive notifications from data subjects exercising their rights (access request, right to be forgotten etc. ).
Representatives should be based in the EU member state where the individuals whose personal data are being processed reside. In most cases this will not be an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. For this reason we offer an individualized service that assists companies in assessing their requirements and choosing the best representative option.
It is also recommended that the representative has experience interacting with both supervisory authorities and dealing with data subject requests. Local language skills can also be essential, as the job could involve handling inquiries from data subjects or sales representative supervisory authorities in a variety of countries across Europe.
The identity of the representative must be disclosed to people who have data through privacy policies and the information provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact details should also be made available on your website, giving easy access for supervisory authorities to connect with them.
When is the best time to designate an UK Representative?
If your company is located outside of the UK offers products or services to people within the UK, or monitors their behaviour and conducts surveillance, you may have to select an UK Representative. The UK's Applied GDPR system 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 self-assessment for free and determine if you are subject to this obligation.
A representative is appointed by the appointing entity in an agreement to represent the entity with respect to certain of its obligations under UK and EU GDPR, if applicable. In the UK, this would primarily involve facilitating communication between the appointing entity and Information Commissioner's Office or any individuals affected by the UK. A Representative can either be an individual or a company based in the UK. The appointing body must make it clear to the data subjects that their personal information will be processed by the Representative and the identity of the individual or company must be readily available to supervisory authorities.
In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the sales representative; dr.ess.Aleoklop.e@www.reps-r-us.co.uk, is also required to provide the contact details of its representative to the ICO as well as to data subjects in the UK. It must be clear that the function of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO"), which requires a level of independence and autonomy that cannot be provided by a Representative.
If you are required to appoint an UK representative, it is best to do it as soon as you can. This is due to the fact that this requirement is required either immediately following Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or a "with deal". There is no grace period.
What are the requirements for a UK Representative?
According to UK laws on data protection the definition of a representative is a person or company who is "designated" in writing by an entity that has no physical presence in the UK, but is still subject to the law. The UK representative should be able to represent an entity with respect to its obligations under law. Their contact details should also be readily accessible to UK residents whose personal data are being processed by become a avon representative non-UK company.
The person who is the UK Representative must be a senior member of the overseas media or business organization and have been recruited and taken on as an employee outside the UK by the media or business. The applicant must genuinely intend to work full-time as the UK representative for the media or business organization, and they are not allowed to engage in any other business ventures in the UK.
In addition the visa holder must demonstrate that they possess the necessary skills and experience to fulfill their duties as a UK Representative that includes acting as local point of contact for any queries from data subjects and the UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws, and can respond to any requests from individuals exercising their rights under the law in addition to any other inquiries or requests received from data protection authorities.
As the Brexit process moves forward it is likely that the UK laws on data protection will change as time passes. At the moment, it is expected that non-UK businesses that do business in the UK and process personal data of people in the UK will be required to appoint an official from the UK Representative.
This is because article 27 of the UK's GDPR which was enacted as an UK national law, requires all entities that do not have having a presence in the UK to appoint an UK representative for data protection. If you're not sure whether you need to appoint an UK data protection representative, it is recommended that you consult an experienced lawyer.
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