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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 has also been involved in global trade policy and international issues related to development.
Businesses that operate outside of the UK must comply with UK privacy laws. They must appoint an agent in the UK who will serve as their point-of-contact for individuals who have data and the ICO.
What is a UK representative?
The UK Representative is a person, business or other entity who has been appointed by a data processor or controller to act on their behalf on all matters relating to GDPR compliance. They will be the primary contact point for inquiries from individuals exercising their rights, or for requests from supervisory authorities. They could also be subject to national requirements that were enacted as a result of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required by Article 27 of the EU GDPR, [Redirect-302] 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 location in the United Kingdom but offer goods or services or control the conduct of people who are located in the United Kingdom or who process personal data. The representative must be able evidence of their identity and that they are capable of representing the data controller or processor in respect to the UK GDPR's requirements.
The representative must be able to communicate with authorities if there's a breach. The representative must notify the supervisory authority who appointed them regardless of whether the breach affects data subjects in 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 desirable for them to speak a local avon cosmetics representative representative (2ndskin.co.kr`s blog) language, as they will likely receive calls from individuals and agencies in the countries they operate in.
Although the EDPB states that the Representative should be held liable in the event of non-compliance the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative cannot be sued by a person for the data controller's inability to comply with the UK GDPR. This is because, according to the court the Representative has no direct link to the processing of data by the entity that is represented.
Who is responsible for appointing the UK Representative?
In order to comply with the EU GDPR, companies outside of the EU who are aiming their goods or services to European citizens but do not have a branch, office or establishment in the EU must appoint an EU Representative. This is in addition to the requirements of the national data protection laws. A Representative's role is to act as the local point of contact for individuals and supervisory bodies regarding GDPR-related issues.
The UK has its own version to the EU requirement, set out in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organisation offering goods or services in the UK, or monitoring the conduct of individuals who are data subjects, must designate an UK Representative.
According to the UK-GDPR a representative must be authorised in writing by the data subject or the [British Information Commissioner's officeto be able "to be contacted, in addition or alternatively, on behalf of the controller or processor". They are not personally accountable for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and receive notifications 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. In the majority of cases, this isn't an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. We offer a dedicated service that helps organisations assess their needs and choose the most appropriate representative location.
It is also advisable that the representative has experience working with supervisory authorities and dealing with data subject requests. Language skills in the local area are important since the job is likely to include dealing with inquiries from data subjects or supervisory authorities in multiple countries across Europe.
The identity of the representative must be made known to the data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). Contact details for the UK Representative should be made available on your website so that supervisory authorities can easily reach them.
When do you need to designate a UK Representative?
If your business is based outside the UK, offers products or services to people in the UK, or monitors their behaviour it is possible to appoint a UK Representative. The UK's Applied GDPR system applies to established companies outside the UK who are carrying out activities in the UK and has the same extraterritorial reach as EU GDPR (with limited exceptions). You should take our free self-assessment and find out if you are required to comply with this requirement.
A Representative is appointed by the party appointing under an agreement of service to act on behalf of the party in relation to specific obligations under the UK GDPR and EU GDPR, if applicable. In the UK the primary purpose of this would be to facilitate communication between the party that appointed and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. Representatives can be an individual or a business that is established in the UK. The appointing body must inform the subjects of data that the representative will be processing their personal data and ensure that the identity of the individual or business is readily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact information 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 job of a Representative is distinct from and incompatible with the role of the role of a Data Protection Officer ("DPO") which requires a certain degree of independence and autonomy that cannot be provided by a representative.
If you have to nominate a UK representative, you should do so in the earliest time possible. This is because the requirement is required either immediately following Brexit (if it is a "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 for a UK Representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the rules of the law. The UK representative is required to be able represent an entity in relation to its legal obligations. The contact information of the representative should also be available to UK residents whose personal data are processed by a business that is not a UK company.
The person who is the UK Representative must be a senior employee of the overseas media or business organization and has been hired and taken on as an employee outside the UK by that business or media organisation. The visa applicant must genuinely intend to be full-time employed as the UK Representative for the media or business organisation, and they must not engage in any other business activities in the UK.
The visa applicant also needs to prove that they have the knowledge and experience necessary to fulfill their duties as UK representative, which includes being a local point of contact for data subjects and UK authorities responsible for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws and can respond to any requests from individuals exercising their rights under the law, as well as any other requests or enquiries received from authorities dealing with data protection.
As the Brexit process continues it is expected that the UK data protection laws will change over time. At the moment, however, it is expected for companies from outside the UK that conduct business in the UK and collect personal information on individuals within the UK to choose UK representatives.
This is because the UK GDPR stipulates that companies with no UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a national law in the UK. If you're unsure whether you're required to have a UK representative for data protection, it's recommended that you consult a qualified legal professional.
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 has also been involved in global trade policy and international issues related to development.
Businesses that operate outside of the UK must comply with UK privacy laws. They must appoint an agent in the UK who will serve as their point-of-contact for individuals who have data and the ICO.What is a UK representative?
The UK Representative is a person, business or other entity who has been appointed by a data processor or controller to act on their behalf on all matters relating to GDPR compliance. They will be the primary contact point for inquiries from individuals exercising their rights, or for requests from supervisory authorities. They could also be subject to national requirements that were enacted as a result of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).
The appointment of Representatives is required by Article 27 of the EU GDPR, [Redirect-302] 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 location in the United Kingdom but offer goods or services or control the conduct of people who are located in the United Kingdom or who process personal data. The representative must be able evidence of their identity and that they are capable of representing the data controller or processor in respect to the UK GDPR's requirements.
The representative must be able to communicate with authorities if there's a breach. The representative must notify the supervisory authority who appointed them regardless of whether the breach affects data subjects in 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 desirable for them to speak a local avon cosmetics representative representative (2ndskin.co.kr`s blog) language, as they will likely receive calls from individuals and agencies in the countries they operate in.
Although the EDPB states that the Representative should be held liable in the event of non-compliance the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative cannot be sued by a person for the data controller's inability to comply with the UK GDPR. This is because, according to the court the Representative has no direct link to the processing of data by the entity that is represented.
Who is responsible for appointing the UK Representative?
In order to comply with the EU GDPR, companies outside of the EU who are aiming their goods or services to European citizens but do not have a branch, office or establishment in the EU must appoint an EU Representative. This is in addition to the requirements of the national data protection laws. A Representative's role is to act as the local point of contact for individuals and supervisory bodies regarding GDPR-related issues.
The UK has its own version to the EU requirement, set out in Article 27 of the UK-GDPR. The threshold is the same as that of the EU requirement: any organisation offering goods or services in the UK, or monitoring the conduct of individuals who are data subjects, must designate an UK Representative.
According to the UK-GDPR a representative must be authorised in writing by the data subject or the [British Information Commissioner's officeto be able "to be contacted, in addition or alternatively, on behalf of the controller or processor". They are not personally accountable for GDPR compliance. They must however cooperate with supervisory authorities in formal proceedings, and receive notifications 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. In the majority of cases, this isn't an easy decision to make, and a careful business and legal analysis is required to determine the location(s) most suitable for an organisation. We offer a dedicated service that helps organisations assess their needs and choose the most appropriate representative location.
It is also advisable that the representative has experience working with supervisory authorities and dealing with data subject requests. Language skills in the local area are important since the job is likely to include dealing with inquiries from data subjects or supervisory authorities in multiple countries across Europe.
The identity of the representative must be made known to the data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). Contact details for the UK Representative should be made available on your website so that supervisory authorities can easily reach them.
When do you need to designate a UK Representative?
If your business is based outside the UK, offers products or services to people in the UK, or monitors their behaviour it is possible to appoint a UK Representative. The UK's Applied GDPR system applies to established companies outside the UK who are carrying out activities in the UK and has the same extraterritorial reach as EU GDPR (with limited exceptions). You should take our free self-assessment and find out if you are required to comply with this requirement.
A Representative is appointed by the party appointing under an agreement of service to act on behalf of the party in relation to specific obligations under the UK GDPR and EU GDPR, if applicable. In the UK the primary purpose of this would be to facilitate communication between the party that appointed and the Information Commissioner's Office (ICO) or any affected data subjects in the UK. Representatives can be an individual or a business that is established in the UK. The appointing body must inform the subjects of data that the representative will be processing their personal data and ensure that the identity of the individual or business is readily accessible to supervisory authorities.
The entity that is appointing the representative must provide the contact information 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 job of a Representative is distinct from and incompatible with the role of the role of a Data Protection Officer ("DPO") which requires a certain degree of independence and autonomy that cannot be provided by a representative.
If you have to nominate a UK representative, you should do so in the earliest time possible. This is because the requirement is required either immediately following Brexit (if it is a "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 for a UK Representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the rules of the law. The UK representative is required to be able represent an entity in relation to its legal obligations. The contact information of the representative should also be available to UK residents whose personal data are processed by a business that is not a UK company.
The person who is the UK Representative must be a senior employee of the overseas media or business organization and has been hired and taken on as an employee outside the UK by that business or media organisation. The visa applicant must genuinely intend to be full-time employed as the UK Representative for the media or business organisation, and they must not engage in any other business activities in the UK.
The visa applicant also needs to prove that they have the knowledge and experience necessary to fulfill their duties as UK representative, which includes being a local point of contact for data subjects and UK authorities responsible for data protection. This is to ensure that the UK Representative has sufficient knowledge of and experience with UK data protection laws and can respond to any requests from individuals exercising their rights under the law, as well as any other requests or enquiries received from authorities dealing with data protection.
As the Brexit process continues it is expected that the UK data protection laws will change over time. At the moment, however, it is expected for companies from outside the UK that conduct business in the UK and collect personal information on individuals within the UK to choose UK representatives.
This is because the UK GDPR stipulates that companies with no UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a national law in the UK. If you're unsure whether you're required to have a UK representative for data protection, it's recommended that you consult a qualified legal professional.
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