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작성자 Thorsten
댓글 0건 조회 17회 작성일 23-10-28 04:34

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

Natacha has held a variety of senior roles in the Foreign Office including Deputy Ambassador to 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 comply with UK privacy laws. They must appoint a representative in the UK to serve as their point of contact for data subjects and the ICO.

What is what is a UK Representative?

The UK Representative is a person, company or organisation that has been authorised by the controller or data processor to act in their behalf in all matters related to GDPR compliance. They will be the primary contact for any queries from individuals exercising their rights or requests from supervisory authorities and may be subject to national requirements that have been enacted in the context of 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 is applicable 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 who handle personal data. The Representative must be able authentic proof of their identity, and that they are able to represent the controller or processor of data in respect to UK GDPR obligations.

The representative must be able to communicate with authorities if there's a breach. This is because the Representative has to make a formal notification to the supervisory authority that appointed them regardless of whether the breach affects individuals across multiple jurisdictions.

It is important that the representative you select has worked with both European and UK authorities for data protection. It is also recommended to have a local language proficiency as they are likely to receive calls from both individuals and data protection authorities in the countries where they operate.

While the EDPB states that the Representative will 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 an individual for the apparent failure to adhere to the UK GDPR. The court found that the Representative had no direct connection to the data processing activities of the entity being represented.

Who should be appointed the UK Representative?

The EU GDPR mandates that businesses from outside the EU with no office or branch within the EU, that target goods or services for European citizens must appoint a sales representative (Highly recommended Reading). This is in addition to the requirements from national laws regarding data protection. The role of a representative is to be a local point-of-contact for individuals and supervisory bodies regarding GDPR concerns.

The UK has its own version to the EU requirement, set out in Article 27 of the UK-GDPR. Similar to the EU requirement the threshold is lower: any organisation that offers products or services to, or monitors the behaviour of data subjects in the UK must designate a UK representative.

Under the UK-GDPR, a Representative must be mandated in writing "to be addressed, in addition or alternatively addressed, on behalf of the controller or processor by data subjects and the [British Information Commissioner's Officethe [British Information Commissioner's Office]". They cannot be held personally liable for compliance with the GDPR. They must however cooperate with supervisory authorities during formal proceedings, and also receive messages from those who exercise their rights. ).

Representatives must be situated within the EU member state in which the people whose data are being processed are. Most of the time, this is not an easy decision to make, and a careful business and legal analysis is required to determine the location(s) best suited to an organization. For this reason we offer an individualized service that assists companies in assessing their requirements and choosing the best option for them.

It is also advisable that representatives have experience interacting with both supervisory authorities and dealing with data subject requests. Local language skills are also important since the job is likely to involve 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 individuals who are the data subjects via privacy policies and other information that is provided prior to the collection of data (see article 13 UK-GDPR). Contact details avon for representatives the UK Representative should be posted on your website so that supervisory authorities are able to easily contact them.

When is the best time to designate the UK Representative?

If your business is based outside of the UK provides goods or services to customers who reside in the UK or monitors their behaviour, you may need to designate an UK representative. The UK's Applied EU GDPR regime applies for non-UK established entities that are performing activities in the UK. It has the same reach as EU GDPR, but with a few exceptions. Take our free self-assessment to determine if you are subject to this obligation.

A representative is appointed by the appointing party under a contract of service to act on behalf of the party with respect to certain obligations under the UK GDPR and EU GDPR, if applicable. In the UK, the main purpose of this is to facilitate communication between the party that appointed and the Information Commissioner's Office (ICO) or any other affected data subjects in the UK. Representatives can be an individual or a company that is established in the UK. The appointing body must inform the subjects of data that the Representative is processing their personal data and that the identity of the individual or company is readily available to supervisory authorities.

The appointing entity must also provide the contact details of its representative to ICO and the data subjects that are affected in the UK in conformity with Article 13 and 14 of the UK GDPR. It must make it clear that the job of a Representative is different from and incompatible with that of the role of become a avon representative Data Protection Officer ("DPO"), which requires a certain degree of independence and sales representative autonomy that cannot be offered by a Representative.

If you are required to appoint a UK representative, it is best to do it as soon as you can. This is because the requirement arises immediately after Brexit (if there is a 'hard' or 'no deal' Brexit) or after an implementation period (if there is a soft or 'with deal' Brexit). There is no grace period.

What are the prerequisites to becoming a UK representative?

According to UK laws on data protection, a representative is a person or a company who is "designated" in writing by an entity which doesn't have a physical presence in the UK however is subject to the law. The UK representative has to be capable of representing the entity in relation to its obligations under the law and their contact details should be made readily available to those who reside in the UK whose personal data is being processed by a non-UK business.

The person who is the UK Representative must be a senior member of the foreign media or business organisation and have been recruited and taken on as an employee outside the UK by that business or media organisation. The person applying for the visa must intend to work full-time as the UK Representative for the media or business company, and are not allowed to engage in any other business activity in the UK.

In addition, the visa applicant must demonstrate that they possess the necessary knowledge and skills to fulfill their duties as UK Representative, which will include acting as the local contact for inquiries from data subjects and UK data protection authorities. This is to ensure that the UK Representative has sufficient knowledge of and expertise in the UK data protection laws, and can be able to respond to requests from individuals exercising their rights under the law and any other requests or enquiries received from authorities dealing with data protection.

As the Brexit process continues it is likely that the UK data protection laws will change over time. However, at present, it is expected for companies from outside the UK that conduct business in the UK, and process personal data of individuals in the UK to nominate UK Representatives.

It is because article 27 of the UK's GDPR, which was retained as a UK national law, requires entities without having a presence in the UK to appoint the position of a UK data protection representative. If you're not sure whether you require a UK data protection rep, it's recommended that you consult a qualified legal professional.

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