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

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Companies that are located outside of the UK are bound by UK privacy laws. They must choose an agent in the UK who will serve as their point-of-contact for people who are data subjects and ICO.

What is what is a UK Representative?

The UK Representative is a person, business or organization who has been appointed by a controller or processor of data to act in their behalf on all matters related to GDPR compliance. They will be the primary point of contact for enquiries from individuals exercising their rights, or for requests from supervisory authorities. They could be subject to national regulations that were enacted in light of the GDPR's extraterritorial scope (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 location in the United Kingdom but offer goods or services or monitor the behavior of individuals located there or handle personal data. The representative must be able to provide proof of their identity as well as that they are able of representing the controller or processor of data in respect to the UK GDPR's requirements.

As well as acting as a portal 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 in a position to communicate with authorities in the event of an incident. This is because the Representative must submit a notification to the supervisory authority that appointed them, regardless of whether the breach affects data subjects across multiple jurisdictions.

It is crucial that the representative you select has worked with both European and UK data protection authorities. It is also recommended for [Redirect-Meta-0] them to have local language abilities because they will receive contacts from individuals and agencies in the countries they work in.

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 established that a Representative cannot be sued by a person for the data controller's alleged failure to comply with the UK GDPR. The court concluded that the Representative did not have a direct connection with the data processing activities of the entity that it represented.

Who should be appointed a UK Representative?

To comply with the EU GDPR, businesses outside of the EU that are targeting goods or services for European citizens but do not have an office, branch or establishment in the EU must appoint an EU Representative. This is in addition to the requirements from national laws regarding data protection. The role of a representative is to act as the local point of contact for individuals and supervisory bodies regarding GDPR-related issues.

The UK has its own equivalent to the EU requirement, set in Article 27 of the UK-GDPR. The threshold is the same as the EU requirement: any organisation providing goods or services within the UK or monitoring the conduct of individuals who are data subjects, must designate an UK Representative.

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

Representatives must be located in the member state of the European Union in which the individuals whose personal data is processed are resident. This is not a simple decision and requires an in-depth legal and business analysis to determine the best location for an organisation. We provide an individualized service that assists organizations in assessing their needs and deciding on the most appropriate Representative option.

It is also recommended that representatives have experience working with supervisory authority as well as handling inquiries from data subjects. The ability to communicate in a local language is often of importance as the job is likely to include dealing with inquiries from supervisory authorities or data subject in multiple countries across Europe.

The identity of the representative must be made known to the people who have data through privacy policies and other information that is given prior to collecting data (see article 13 of the UK-GDPR). Contact details for the UK Representative should be posted on your website so that supervisory authorities can easily contact them.

When do you have to appoint a UK Representative?

If your company is located outside the UK and offers goods or services in the UK or monitors the behaviour of individuals, you could be required to designate a UK Representative. The Applied GDPR regime in the UK applies how to become an avon representative established companies outside the UK who are carrying out activities in the UK and has the same scope of extraterritorial application as EU GDPR (with some exceptions). You should take our free self-assessment to see whether you are required to comply with this requirement.

A representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to represent that party with respect to certain obligations under the UK GDPR and EU GDPR, as applicable. In the UK this would typically involve facilitating communication between the appointing entity and Information Commissioner's Office or any data subjects that are affected in the UK. A Representative can either be an individual or a company based in the UK. The appointing entity must make it clear to 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.

In accordance with Articles 13 & 14 of the UK GDPR the entity that is appointed as the representative is also required to provide the contact details of its representative to the ICO and the individuals who are data subjects in the UK. It is imperative to make clear that the role of a representative is distinct from the one of the position of a Data Protection Officer (DPO), which requires a degree of autonomy and independence that is not achievable for the role of a representative.

If you are required to designate a UK representative It is advised to do so as quickly as you can. This is because the requirement arises either immediately after Brexit (if it's an "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 to be a UK representative?

Under the UK data protection laws (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 provisions of the law. The UK representative should be capable of representing the entity in compliance with its legal obligations and their contact information must be readily available to those who reside in the UK who have personal information being processed by a non-UK business.

The UK Representative must be an overseas senior employee of a media or business company, and have been hired and employed as an employee of the business or media organization located outside the UK. The person applying for gogo.bz the visa must intend to work full-time as the UK Representative for the business or media company, and must not engage in any other business activities in the UK.

The applicant also has to demonstrate that they have the expertise and experience needed to fulfill their role as UK representative, which entails acting as a local point of contact with data subjects and UK authorities for data protection. The UK Representative must have sufficient 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 that the UK data protection laws are going to change as time passes. At the moment, however it is expected of companies from outside the UK that conduct business in the UK and collect personal data on individuals in the UK to nominate UK representatives.

This is because article 27 of the GDPR law in the UK, which was retained as a UK national law, requires companies without having a presence in the UK to appoint a UK representative for data protection. If you're not sure whether you need a UK data protection rep It is recommended to consult an experienced legal advisor.