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What Is a UK Representative and Why Do You Need One?
Natacha has held a number of senior roles in the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Businesses that operate outside of the UK must adhere to UK privacy laws. They must designate a representative in the UK who will be their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is a person, business or organisation who has been appointed by a controller or processor of data to act on behalf of the controller or processor on all matters related to GDPR compliance. They will be the main contact point for any queries from individuals exercising rights or requests from supervisory authority. They could also be subject to national laws that have been implemented due to the GDPR’s extraterritorial scope (see the UK case Rondon against 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 applies to all companies that do not have a permanent establishment in the United Kingdom but offer goods or UK Representative services or observe the actions of those who reside there or process personal data. The representative must be able to prove their identity and prove that they are able to represent the controller or processor of data in respect to UK GDPR obligations.
The Representative should also be able communicate 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 individuals in multiple jurisdictions.
It is recommended that the Representative has experience working with both European and UK-based authorities for data protection. It is also desirable for them to have local language abilities since they are likely to receive contacts from individuals and agencies in the countries they operate.
The EDPB states that the Representative is accountable avon for representatives 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 has failed to meet the GDPR requirements in the UK. The court concluded that the Representative did not have a direct connection to the data processing activities of the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR requires that non-EU businesses with no office, branch or establishment in the EU that market their goods or services for European citizens must appoint a Representative. This is in addition the requirements of national laws on data protection. The role of a Representative is to be an individual point of contact for individuals and supervisory authorities regarding GDPR compliance issues.
The UK has an identical requirement to that of the EU as laid out in Article 27 of UK-GDPR. The threshold is the same as the EU requirement: any organization providing goods or services within the UK or monitoring the conduct of data subjects, must appoint an UK representative.
According to the UK-GDPR a representative must be authorized in writing by the data subject or the [British Information Commissioner's Office] "to be addressed, additionally or alternatively, on behalf of the controller or processor". They cannot be held personally liable for the GDPR's compliance. They must, however, cooperate with supervisory authorities during official proceedings, and receive communications from individuals who exercise their rights. ).
Representatives should be located in the member state of the European Union in which the individuals whose personal data are processed are residents. This isn't a straightforward decision and requires a thorough business and legal analysis to determine the most suitable location for a company. We provide a specialized service to help companies evaluate their needs and select the best representative option.
It is also recommended that Representatives have experience in dealing with supervisory authorities and handling data subject requests. Language skills in the local language can also be important, as the job could involve dealing with inquiries by data subjects or supervisory authority in a variety of countries across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and UK representative other information that is provided prior to the collection of data (see article 13 UK-GDPR). Contact details for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.
When do you need to appoint a UK Representative?
If your company is located outside the UK provides products or services to people within the UK or monitors their behavior, you may need to designate the position of a UK representative. The UK's Applied GDPR regime applies to non-UK established entities that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with some exceptions). Take our free self-assessment to determine if you are subject to this obligation.
A Representative is mandated by the appointing entity under the terms of a service contract to act on behalf of the entity in relation 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 Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a company that is established in the UK. The entity that is appointing the representative must inform individuals who are data users that their personal data will be processed by the Representative. The identity of that individual or company has to be easily accessible to supervisory authorities.
The entity that appointed the representative must provide the contact information of its representative to the ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of UK GDPR. It must be clear that the job of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO"), which requires a degree of autonomy and independence that cannot be provided by a Representative.
If you need to appoint a UK representative It is advised to do it as soon as possible. This is due to the fact that this obligation is either immediately following Brexit (if it is a "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace time.
What are the requirements for the designation of a UK Representative?
According to UK data protection laws the definition of a representative is a person or a company who is "designated" in writing by an entity that does not have a physical presence in the UK however is subject to the law. The UK representative must be capable of representing the entity in relation to its obligations under the law and their contact information must be readily accessible to those in the UK who have personal information being processed by a non-UK business.
The UK Representative must be an overseas senior member of a media or business company, and have been hired and employed as an employee by the media or business organization outside the UK. The applicant must genuinely intend to be employed full-time as the UK representative for the business or media organization, and they are not allowed to engage in any other business activities in the UK.
In addition the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative that includes acting as local contact for inquiries from data subjects and UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and understanding of the UK data protection laws, and is able to respond to requests from individuals exercising their rights under the law, as well as any other requests or enquiries received from data protection authorities.
As the Brexit process moves forward it is likely that the UK laws on data protection will change in the future. However, at the moment it is expected that companies from outside the UK that conduct business in the UK and process personal data of individuals in the UK will need to designate an UK Representative.
This is because article 27 of the GDPR in the United Kingdom which was enacted as a UK national law, requires entities without a UK-based presence to appoint a UK data protection representative. If you are not sure whether you need to designate an UK representative for data protection it is recommended that you speak to an experienced legal advisor.
Natacha has held a number of senior roles in the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.
Businesses that operate outside of the UK must adhere to UK privacy laws. They must designate a representative in the UK who will be their point-of-contact for individuals who have data and the ICO.
What is an UK Representative?
The UK Representative is a person, business or organisation who has been appointed by a controller or processor of data to act on behalf of the controller or processor on all matters related to GDPR compliance. They will be the main contact point for any queries from individuals exercising rights or requests from supervisory authority. They could also be subject to national laws that have been implemented due to the GDPR’s extraterritorial scope (see the UK case Rondon against 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 applies to all companies that do not have a permanent establishment in the United Kingdom but offer goods or UK Representative services or observe the actions of those who reside there or process personal data. The representative must be able to prove their identity and prove that they are able to represent the controller or processor of data in respect to UK GDPR obligations.
The Representative should also be able communicate 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 individuals in multiple jurisdictions.
It is recommended that the Representative has experience working with both European and UK-based authorities for data protection. It is also desirable for them to have local language abilities since they are likely to receive contacts from individuals and agencies in the countries they operate.
The EDPB states that the Representative is accountable avon for representatives 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 has failed to meet the GDPR requirements in the UK. The court concluded that the Representative did not have a direct connection to the data processing activities of the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR requires that non-EU businesses with no office, branch or establishment in the EU that market their goods or services for European citizens must appoint a Representative. This is in addition the requirements of national laws on data protection. The role of a Representative is to be an individual point of contact for individuals and supervisory authorities regarding GDPR compliance issues.
The UK has an identical requirement to that of the EU as laid out in Article 27 of UK-GDPR. The threshold is the same as the EU requirement: any organization providing goods or services within the UK or monitoring the conduct of data subjects, must appoint an UK representative.
According to the UK-GDPR a representative must be authorized in writing by the data subject or the [British Information Commissioner's Office] "to be addressed, additionally or alternatively, on behalf of the controller or processor". They cannot be held personally liable for the GDPR's compliance. They must, however, cooperate with supervisory authorities during official proceedings, and receive communications from individuals who exercise their rights. ).
Representatives should be located in the member state of the European Union in which the individuals whose personal data are processed are residents. This isn't a straightforward decision and requires a thorough business and legal analysis to determine the most suitable location for a company. We provide a specialized service to help companies evaluate their needs and select the best representative option.
It is also recommended that Representatives have experience in dealing with supervisory authorities and handling data subject requests. Language skills in the local language can also be important, as the job could involve dealing with inquiries by data subjects or supervisory authority in a variety of countries across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and UK representative other information that is provided prior to the collection of data (see article 13 UK-GDPR). Contact details for the UK Representative should be made available on your website so that supervisory authorities can easily contact them.
When do you need to appoint a UK Representative?
If your company is located outside the UK provides products or services to people within the UK or monitors their behavior, you may need to designate the position of a UK representative. The UK's Applied GDPR regime applies to non-UK established entities that are conducting business in the UK and has the same extraterritorial reach as EU GDPR (with some exceptions). Take our free self-assessment to determine if you are subject to this obligation.
A Representative is mandated by the appointing entity under the terms of a service contract to act on behalf of the entity in relation 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 Information Commissioner's Office or any individuals affected by the UK. A Representative could be an individual or a company that is established in the UK. The entity that is appointing the representative must inform individuals who are data users that their personal data will be processed by the Representative. The identity of that individual or company has to be easily accessible to supervisory authorities.
The entity that appointed the representative must provide the contact information of its representative to the ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of UK GDPR. It must be clear that the job of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO"), which requires a degree of autonomy and independence that cannot be provided by a Representative.
If you need to appoint a UK representative It is advised to do it as soon as possible. This is due to the fact that this obligation is either immediately following Brexit (if it is a "hard" or "no deal" Brexit) or following an implementation period (if it is a "soft" or "with deal". There is no grace time.
What are the requirements for the designation of a UK Representative?
According to UK data protection laws the definition of a representative is a person or a company who is "designated" in writing by an entity that does not have a physical presence in the UK however is subject to the law. The UK representative must be capable of representing the entity in relation to its obligations under the law and their contact information must be readily accessible to those in the UK who have personal information being processed by a non-UK business.
The UK Representative must be an overseas senior member of a media or business company, and have been hired and employed as an employee by the media or business organization outside the UK. The applicant must genuinely intend to be employed full-time as the UK representative for the business or media organization, and they are not allowed to engage in any other business activities in the UK.
In addition the visa applicant must prove that they have the required skills and experience to fulfill their role as UK Representative that includes acting as local contact for inquiries from data subjects and UK authorities for data protection. This is to ensure that the UK Representative has sufficient knowledge of and understanding of the UK data protection laws, and is able to respond to requests from individuals exercising their rights under the law, as well as any other requests or enquiries received from data protection authorities.
As the Brexit process moves forward it is likely that the UK laws on data protection will change in the future. However, at the moment it is expected that companies from outside the UK that conduct business in the UK and process personal data of individuals in the UK will need to designate an UK Representative.
This is because article 27 of the GDPR in the United Kingdom which was enacted as a UK national law, requires entities without a UK-based presence to appoint a UK data protection representative. If you are not sure whether you need to designate an UK representative for data protection it is recommended that you speak to an experienced legal advisor.
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