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 adhere to UK privacy laws. They must appoint an agent in the UK who will act as their point-of-contact for people who are data subjects and ICO.
What is what is a UK Representative?
The UK representative avon is an individual, company or organisation mandated in writing by the controller or processor of data to act on their behalf in 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 could be subject to national requirements which have been implemented in light of the GDPR’s extraterritorial reach (see the UK case Rondon v 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 applies to all organizations that do not have a permanent presence in the United Kingdom but offer goods or services, or monitor the behavior of those who reside there or who process personal data. The representative must be able evidence of their identity and that they are able of representing the data controller or processor in relation to the UK GDPR’s obligations.
In addition to serving as a means for individuals to exercise their rights under GDPR and rights, the representative must be able to communicate with authorities in the event of an incident. This is because the Representative needs to send a notice to the supervisory authority that appointed them, regardless of whether the breach impacts the data subject across multiple jurisdictions.
It is crucial that the representative you choose has worked with both European and Reps R Us UK data protection authorities. It is also beneficial for them to be proficient in local avon representative languages because they will receive calls from individuals and data protection agencies in the countries where they operate in.
Although the EDPB states that the Representative must 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 an individual for the data controller’s alleged failure to comply with the UK GDPR. The court found that the Representative did not have a direct connection with the processing of data by the entity that it represented.
Who is required to appoint the UK Representative?
The EU GDPR stipulates that businesses from outside the EU with no office or branch within the EU and that are targeting products or services to European citizens must appoint an official. This is in addition to the requirements from national laws regarding data protection. A Representative’s role is to act as an individual point of contact for individuals and supervisory bodies regarding GDPR-related issues.
The UK has its own version to the EU requirement, which is set out in Article 27 of the UK-GDPR. As with the EU requirement the threshold is lower and any business that offers goods or services to or monitors the conduct of data subjects in the UK must designate an 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 the data subjects and the British Information Commissioner’s Office]”. They are not personally accountable for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, Reps R Us and receive messages from those who exercise their rights. ).
Representatives must be located in the state of the European Union in which the individuals whose personal data is processed are resident. In the majority of cases, this isn’t an easy decision to make. A thorough analysis of legal and business aspects is required to determine the location(s) most appropriate for becoming an avon representative organization. For this reason we offer an individualized service that assists companies in assessing their requirements and deciding on the most appropriate Representative option.
It is also recommended that Representatives have experience in dealing with supervisory authorities and handling data subject requests. Local language skills can also be important, as the job could involve dealing with inquiries by data subjects or supervisory authority across Europe.
The identity of the representative should be made known to the data subjects through the privacy policies and the information provided prior to the collection of data (see article 13 UK-GDPR). The UK Representative’s contact details should also be published on your site, providing an easy way for supervisory authorities to connect with them.
When is the best time to appoint an UK Representative?
If your company is located outside of the UK and provides products or services in the UK or monitors the behaviour of individuals, Reps R Us you might be required to appoint a UK Representative. The UK’s applied EU GDPR regime applies for established entities outside the UK which are operating in the UK. It has the same extraterritorial reach as EU GDPR, with limited exceptions. Take our free self-assessment to determine if you are legally bound by this obligation.
A representative is appointed by the appointing party under a contract of service to represent that party in relation to specific obligations under the UK GDPR and EU GDPR, if applicable. In the UK this would typically involve facilitating communication between the appointing entity and the Information Commissioner’s Office or any data subjects affected in the UK. A sales representative jobs can either be an individual or a company based in the UK. The appointing body must make it clear to data subjects that their personal information will be processed by the Representative and the identity of the individual or company has to be made easily accessible to supervisory authorities.
The entity that appointed the representative must provide the contact details of its Representative to the ICO and data subjects affected in the UK in accordance with Article 13 as well as 14 of the UK GDPR. It must make it clear that the role of a Representative is distinct from and incompatible with the duties of a Data Protection Officer (“DPO”) which requires a certain degree of autonomy and independence that cannot be offered by a Representative.
If you are required to appoint an UK representative, it is best to do so as fast as possible. This is because the requirement arises immediately upon Brexit (if there is an ‘hard’ or ‘no deal’ Brexit) or after an implementation period (if there is a soft or “with deal” Brexit). There is no grace time.
What are the requirements to be 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 a company that does not have a physical presence in the UK, but is still subject to the law. The UK representative is required to be able represent an entity in relation to its legal obligations. Their contact details should also be available to UK residents whose personal data are processed by a non-UK company.
The UK Representative must be an overseas senior member of a media or business organization and have been hired and employed as become an avon representative employee of the business or media organization outside of the UK. The visa applicant must plan to serve as the UK representative of the business or media organisation full-time and not engage in other business activities outside of the UK.
Additionally, the visa applicant must demonstrate the required skills and experience to fulfill their duties as a UK Representative which includes serving as the local contact for inquiries from data subjects and UK data protection authorities. The UK Representative must have the experience and knowledge 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 continues it is likely that the UK data protection laws will change as time passes. At present it is expected that companies from outside the UK that do business in the UK and handle personal data of individuals within the UK will need to designate a UK representative.
This is because the UK GDPR requires that entities with no UK presence must appoint a representative in accordance with article 27 of the UK GDPR which is regarded as a law of the nation in the UK. If you’re not sure if you require a UK data protection rep It is recommended to seek out a knowledgeable legal advisor.