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What is a UK Representative?

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Manufacturers who are not based within the EU and UK must choose an UK Rep or an Authorised Rep (EC Rep). Exceptions do exist.

What is what is a UK Rep?

A UK Rep is an individual or company that is designated by a manufacturer to take charge of certain duties related to product conformity in the UK. Depending on the specific product legislation, this may include drawing up UK Declarations of Conformity for www.google.com.gt medical devices and establishing the an initial point of contact to the MHRA (Medical Device Regulations Agency). Typically an Authorised Representative is known as a Responsible Person.

UK Reps are required for companies from outside Europe who want to sell their products in the UK market in accordance with EU directives or UK law. If an UK fulfilment service provider or shipping company, or any other company is chosen as an Authorised Rep it must also conform to EU directives on product safety and traceability as well as UK law.

With the Brexit, the EU GDPR is no longer applicable in the UK and therefore companies that want to operate in the UK must comply with the new data protection laws known as the UK GDPR. These UK regulations have similar rules to those of the EU GDPR, but are modified to be enforced by the Information Commissioner's Office in the UK.

According to the UK GDPR, it is a requirement for organisations outside the EU to designate representatives in the UK in order to be able to effectively communicate with authorities responsible for data protection in the UK and individuals. The representative could be an individual or a company with its headquarters in the UK and capable of representing the business in regards to its obligations under the UK GDPR (e.g. the private firm or law firm, or a consultancy).

A UK Representative is a special role that requires someone who is familiar with the requirements of working with authorities for data protection and dealing with requests from individuals. It is recommended that businesses that is new to compliance employ an UK Rep to help with initial setup and ongoing assistance. This can include helping to create processes, document templates and training for the company's own employees.

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You must have a representative if your company conducts business in the EU (EU GDPR article 3(2)). This requirement exists regardless of whether you have offices in the EU or not. If you are a company that does not have offices in the EU but does business in the EU, you must have both an EU and UK rep, unless your processing of personal data from people in the EU is extremely restricted. This would be the case in the event that you offer goods or services to EU data subjects or monitor their behaviour.

If you are an EU business that provides goods and services to EU data subjects or monitors their behaviour You must appoint a person in the UK. (UK GDPR article 27). This requirement exists regardless of whether you are a data controller or a data processor. The UK representative must be able represent your company in relation to your obligations under GDPR and also act as a point of contact for individuals as well as the ICO.

The UK representative has to be a company or organisation that is based in the EEA, and be capable of representing your company in relation to its obligations under the GDPR. This is typically an independent law firm. However it could also be a private firm or consultancy. You can make the contact details of your representative readily available to EEA data subjects by publishing or including them in privacy notices. This will allow EEA individuals to reach your representative with any concerns they may have regarding the way in which you handle their personal information.

You must appoint a representative in writing, and you must state the conditions of your relationship with them. This is similar to a service contract. It is important to remember that the party appointing you is accountable and accountable to the actions of its representative. This is especially true after the recent Rondon 2021 EWHC1427 decision.

There are exceptions, but they are very restricted and are not often applicable. Public authorities and [Redirect-302] bodies and companies who process data on a regular basis and are at low risk, are exempt from this obligation. Even if an exemption applies it is crucial to take a careful look at whether the GDPR's requirements are still met.

What are the responsibilities a UK Rep has?

A UK Rep is an individual or organization that acts as the point of contact for local data protection enquiries from individuals, or the ICO. become a rep UK Rep may be an employee or independent contractor. They could be an entity with its headquarters in the UK such as a consulting or law firm.

Article 27 of the GDPR defines the responsibilities of a UK Rep. This requires that all companies outside the EU or that provide products and services to or monitor the conduct of people in the UK designate an official to serve as a contact person for the ICO.

A UK representative is the same as an EU authorized representative (EUAR), except that it is only applicable to the United Kingdom. EUARs have a number of responsibilities around monitoring compliance and providing information to the MHRA.

However, UKRPs have more responsibilities. UKRP has more responsibilities in relation to the UK's newly-introduced Medical Device Regulation (MDR). For instance a UKRP is responsible for registering devices with the MHRA and acts as the liaison between the manufacturer and MHRA. In addition, an UKRP is accountable for the compliance of the company with the MDR.

A steward or union rep is granted the same rights as a representative of the union to represent their members and perform other duties at work. They are typically elected by the members involved and can be voted on by ballot or at a meeting. The union usually informs the employer of the appointment.

Tour operators hire holiday representatives to work at their resorts in the UK and abroad during the summer months. Representatives are trained in the UK and then sent to their resorts. This type of job usually requires experience of working and traveling overseas. Representatives are overseen by the company they work for and may be subject to appraisals of their performance. They could also earn a commission for bookings that they make. The exact amount is dependant on the tour operator however, it is typically a percent of the tour operator's profits. It is important to ensure that the representatives communicate the commission clearly to their customers. In the ideal scenario, this information should be clearly stated in the conditions and terms of the job.

How do I find the UK Rep?

UK Data Protection Law requires that companies based outside of the UK that offer goods or services, or observe the actions of individuals within the UK appoint UK Representatives. This person acts as the direct contact for data subjects and the ICO (Information Commissioner's Office). The appointment of your UK Representative has to be in writing and must specify the conditions of your relationship with them. A representative's appointment does not affect your own responsibility and liability under the GDPR.

The requirement for a UK Representative applies to all non-EU manufacturers selling into the GB market, except Northern Ireland (which still requires an EU Authorised Representative). Any company can assume the function of UK Rep, as long they can prove that they are able to meet the specifications of the relevant laws and establishing a reliable point-of-contact between the manufacturer and the national market surveillance authorities or Notified Bodies. This includes but is not restricted to:

In the case of medical devices, the authorized representative is typically a recognised Certification Company. In the case of other products, it may be the sales agent or distributor.

You should make your UK Representative's contact information easily accessible to data subjects (individuals) who have personal data you handle. This can be done by including them in your privacy notice or by publishing them on your website. It is not necessary to inform the ICO of your representative however their contact information should be easily accessible to them.

It is best to appoint an established and reputable organization, like ProductIP, as your UK Authorised avon rep. We have extensive experience dealing with both European and UK legislation. We offer a complete service for manufacturers looking to meet their obligations as per EU and GB regulations. Our knowledgeable team is ready to assist you in appointing an official from the UK Rep and achieve the representation that market surveillance authorities and customers are looking for.