It’s Time To Extend Your Become A Representative Options

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

Natacha has served in several senior positions within the Foreign Office, including as Deputy Ambassador for China and Director for Economic Diplomacy and Emerging Powers. She has also been involved in global trade policy and international development issues.

Businesses established outside of the UK must adhere to UK privacy laws. They must choose a representative avon – – in the UK who will act as their point-of-contact for people who are data subjects and ICO.

What is a UK representative?

The UK Representative is an individual, company or organisation that is formally mandated by a data controller or processor to act on their behalf regarding all matters around GDPR compliance. They will be the primary contact for any queries from individuals exercising their rights or requests from supervisory authorities. They may also be subject to national requirements which have been implemented in the context of GDPR’s extraterritorial reach (see the UK case Rondon v LexisNexis Risk Solutions).

The appointment of a Representative is required under Article 27 of the EU GDPR, as well as 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 monitor the behavior of people who are located in the United Kingdom or process personal data. The Representative must be able prove their identity, and that they are able to represent the data processor or controller in relation to UK GDPR obligations.

As well as acting as a means for individuals to exercise their rights under GDPR as well as a means for individuals to exercise their rights under GDPR, the representative must also able to communicate with authorities in the event of an incident. The Representative must notify the supervisory authority that appointed them regardless of whether the breach affects data subjects across multiple jurisdictions.

It is important that the representative you choose has experience working with both European and UK authorities for data protection. It is also beneficial for them to be proficient in local languages, as they will likely receive contact from individuals and data protection agencies in the countries where they operate.

While 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. This is because, according to the court the Representative does not have a direct link to the data processing activities carried out by the representative entity.

Who should be appointed the UK Representative?

The EU GDPR requires that businesses outside of the EU, without an office, branch or establishment in the EU and that are targeting goods or services for European citizens, must designate an official. This is in addition to the requirements of national laws on data protection. The purpose of a Representative is to act as the local point of contact for supervisory authorities and individuals with respect to GDPR compliance issues.

The UK has an identical requirement to that of the EU that is described in Article 27 of UK-GDPR. As with the EU requirement the threshold is lower: any organisation that offers goods or services to or monitors the behavior of data subjects in the UK must designate an official from the UK Representative.

Under the UK-GDPR, a representative must be mandated in writing “to be, additionally or alternatively addressed, on behalf of the controller or processor by data subjects and the [British Information Commissioner’s Officethe [British Information Commissioner’s Office]”. They are not able to be personally held accountable for the GDPR’s compliance. They must, however, cooperate with supervisory authorities in formal proceedings, and receive communications from individuals who exercise their rights. ).

Representatives should be based in the Member State of the European Union in which the individuals whose personal data is processed are resident. Most of the time, this isn’t an easy choice to make. A thorough analysis of legal and business aspects is required to assess the location(s) most suitable for an organisation. We provide a specialized service that helps organisations determine their needs and select the best representative option.

It is also advisable that the representative has experience working with supervisory authorities and handling data subject requests. Language skills in the local avon representative language can also be essential, as the job may require dealing with requests from data subjects or supervisory authority in multiple countries throughout Europe.

The identity of the representative should be made known to the data subjects through the privacy policies and other information that is provided before collecting data (see article 13 UK-GDPR). The UK Representative’s contact details should also be made available on your site, providing easy access for supervisory authorities to connect with them.

When is the best time to nominate the UK Representative?

If your business is located outside the UK and provides goods or services to the UK or monitors the conduct of individuals, you could be required to designate a UK Representative. The Applied GDPR regime in the UK applies to established companies outside the UK that are conducting business in the UK and has the same extraterritorial scope as EU GDPR (with certain exceptions). You can take our no-cost self-assessment and find out if you are subject to this obligation.

A Representative is mandated by the entity that appointed them under a service contract to act on behalf of the entity in relation to certain of its obligations under UK and EU GDPR, if applicable. In the UK, the main purpose of this would be to facilitate communication between the appointing entity and the Information Commissioner’s Office (ICO) or any data subjects affected in the UK. A Representative could be an individual or a company which is based in the UK. The body that appoints them must inform the data subjects that the Representative is processing their personal data and ensure that the identity of the individual or company is readily available to supervisory authorities.

In accordance with Articles 13 and 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact information of its representative to the ICO as well as the individuals who are data subjects in the UK. It must be made clear that the representative’s job is distinct from that of a Data Protection Officer (DPO) that requires a certain degree of independence and autonomy that is not available to representatives.

If you need to nominate an official from the UK representative and you are required to do so, you must do it in the earliest time possible. This is because the requirement arises immediately following Brexit (if there is either a ‘hard’ or “no deal’ Brexit) or after an implementation period (if there is a’soft’ or ‘with deal’ Brexit). There is no grace period.

What are the prerequisites to becoming a UK representative?

Under the UK laws on data protection (and specifically article 27 of the UK GDPR) A representative is an individual or business 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 must be able to represent an entity with respect to its legal obligations. Their contact details should also be readily available to UK residents whose personal data are processed by a non-UK business.

The person who is the UK Representative must be a senior worker of the foreign media or business organisation and have been recruited and taken on as an employee outside the UK by that media or business organisation. The applicant must genuinely intend to be full-time employed as the UK Representative for the business or media company, and must not engage in any other business ventures in the UK.

In addition the visa holder must demonstrate the necessary knowledge and skills to perform their role as UK Representative, which will include acting as the local point of contact for queries from data subjects as well as the UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK laws regarding data protection to be capable of responding to queries or requests from data protection authorities as well as individuals exercising their rights.

As the Brexit process progresses and the process continues, it is likely that UK data protection laws are going to change in the future. However, at the moment it is expected that companies from outside the UK that do business in the UK and process personal data of individuals within the UK will need to appoint an UK representative.

It is because article 27 of the UK’s GDPR, which was retained as a UK national law, requires entities without having a presence in the UK to appoint a UK data protection representative. If you’re not sure whether you’re required to have a UK data protection rep it is advised to consult a qualified legal professional.

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