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

Natacha has served in various senior positions at the Foreign Office, including as Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She also worked on global trade policy and international issues related to development.

Companies that are not based in the UK must adhere to UK privacy laws. They must designate becoming an avon representative official in the UK who will serve as their point of contact for data subjects and ICO.

What is what is a UK Representative?

The UK Representative is an individual, company or organisation mandated in writing by a data controller or processor to act on behalf of the controller or processor regarding all aspects of GDPR compliance. They will be the primary contact point for any requests from data subjects exercising rights or requests from supervisory authorities. They could also be subjected to national regulations that have been put in place due to the GDPR's extraterritorial scope (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 a representative. This requirement is applicable to all entities that do not have a permanent establishment in the United Kingdom but offer goods or services, or control the conduct of people who are located in the United Kingdom, or who handle personal data. The representative must be able to authentic proof of their identity and prove that they can be the data processor or controller in respect to UK GDPR requirements.

The representative must be able to communicate with authorities if there's an incident. This is because the Representative has to make a formal notification to the supervisory authority that appointed them regardless of whether the breach impacts data subjects across multiple jurisdictions.

It is recommended that the representative has worked with both European and UK-based data protection authorities. It is also desirable for being an avon representative (http://P.O.Rcu.PineoYs.A@www.reps-R-us.co.uk) them to be proficient in local languages since they are likely to receive calls from individuals and data protection agencies in the countries they operate.

The EDPB states that the Representative is responsible for non-compliance. However the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 confirmed that a representative cannot be sued by anyone who believes that the data controller has failed to meet the GDPR requirements in the UK. This is because according to the court the Representative has no direct link to the processing of data by the representative entity.

Who is responsible for appointing the UK Representative?

In order to comply with the EU GDPR, companies outside of the EU that are targeting goods or services for essaygrid.net European citizens but do not have an office, branch, or establishment within the EU must appoint an EU Representative. This is in addition to the requirements of national data protection laws. A Representative's role is to serve as the local point of contact for individuals and supervisory bodies regarding GDPR concerns.

The UK has similar requirements to the EU as laid out in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organization providing goods or services within the UK, or monitoring the behaviour of data subjects, must appoint an UK Representative.

According to the UK-GDPR a representative must be authorized in writing by the data subjects or the British Information Commissioner's Officeto be able "to be contacted, in addition or alternatively, on behalf of the controller or processor". They cannot be held personally liable for the GDPR's compliance. However, they must cooperate with supervisory authorities in formal proceedings and also receive information from data subjects exercising their rights (access request or right to be forgotten etc. ).

Representatives should be based in the EU member state in which the individuals whose data are processed reside. This is not an easy choice and requires a thorough business and 28...29a.langton legal analysis to determine the right location for a company. We provide a specialized service to help companies assess their needs and choose the best representative option.

It is also advisable that representatives have experience interacting with both supervisory authorities and dealing with data subject requests. The ability to communicate in a local language could be essential, as the role may involve dealing with requests from data subjects or supervisory authority in a variety of countries across Europe.

The identity of the representative should be made clear to the individuals who are data subjects by incorporating their information in privacy policies as well as the information given to individuals prior to collecting their data (see Article 13 of the 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 is the best time to designate a UK Representative?

If your business is based outside of the UK provides goods or services to individuals who reside in the UK, or monitors their behaviour, you may need to appoint an UK Representative. The UK's Applied EU GDPR regime is available to non-UK established companies that conduct business in the UK. It has the same extraterritorial scope as EU GDPR, with limited exceptions. Take our free self-assessment to determine if you are subject to this obligation.

A representative is authorised by the appointing entity in the terms of a service contract to act on behalf of the entity with respect to a number of its obligations under the UK and EU GDPR if applicable. In the UK, this would primarily involve facilitating communications between the appointing entity and the Information Commissioner's Office or any data subjects affected in the UK. A Representative could be an individual or a business which is based in the UK. The appointing body must make it clear to the data individuals that their personal information will be processed by the Representative. The identity of that individual or company has to be readily available 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 essential to make clear that the job of a Representative is distinct from and incompatible with the duties 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 are required to appoint a UK representative It is advised to do it as soon as you can. This is due to the fact that this requirement arises either immediately after Brexit (if it's a "hard" or "no deal" Brexit) or following an implementation period (if it's a "soft" or "with deal". There is no grace period.

What are the requirements to become a UK representative?

Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or a company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative should be capable of representing the entity in relation to its obligations under the law and their contact details must be readily available to those who reside in the UK who have personal data being processed by a non-UK-based business.

The UK Representative must be an overseas senior employee of a media or business organization and have been hired and employed as an employee of the media or business organization outside of the UK. The applicant for the visa must be planning to serve as the UK representative for the media or business organisation full-time and not engage in any other business activities within the UK.

The applicant also has to prove they have the expertise and experience needed to fulfill their role as UK representative, which entails acting as a local point of contact with the data subjects and UK authorities for data protection. The UK Representative must have the knowledge and understanding of UK data protection laws to be capable of responding to requests and enquiries from data protection authorities as well as individuals exercising their rights.

As the Brexit process progresses, it is likely the UK data protection laws are going to change as time passes. In the present, however it is expected for non-UK companies that do business in the UK and handle personal data on individuals in the UK to nominate UK Representatives.

This is because article 27 of the UK's GDPR, which was retained as a UK national law, requires all entities that do not have a UK-based presence to appoint a UK data protection representative. If you're not sure if you need a UK representative for data protection It is recommended to consult an experienced legal advisor.