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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 for Economic Diplomacy and Emerging Powers. She also has worked on global trade policy and international issues.

Businesses located outside the UK are required to adhere to UK privacy legislation. They must appoint a Representative in the UK to act as their point of contact for data subjects as well as the ICO.

What is a UK representative?

The UK Representative is an individual, company or other entity that has been formally authorised by the controller or processor of data to act on their behalf regarding the GDPR's compliance issues in general. They will be the primary contact point for inquiries from data subjects exercising their rights, or for requests from supervisory authorities. They could be subject to national regulations which have been implemented as a result of the GDPR's extraterritorial scope (see the UK case Rondon v LexisNexis Risk Solutions).

The appointment of Representatives is required under Article 27 of the EU GDPR, and the UK equivalent Section 3(2) of the Data Protection Act 2018. This requirement is applicable to all entities that do not have a permanent establishment in the United Kingdom but offer goods or services or control the conduct of those who reside there, or who handle personal data. The Representative must be able to show evidence of their identity and that they are able of representing the controller or processor of data in relation to the UK GDPR's obligations.

The representative must be able to communicate with authorities if there's a breach. The Representative must notify the supervisory authority that appointed them regardless of whether or not the breach affects data subjects across multiple jurisdictions.

It is recommended that your Representative Jobs (Https://Www.Tourism.Net.Nz/Redirect/Listing/?To=Https%3A%2F%2Fwww.Reps-R-Us.Co.Uk%2Fharpenden-Avonrepresentative%2F&From=Http%3A%2F%2Fwww.Tourism.Net.Nz%2Ftravel%2F%3Furl%3Dhttps%3A%2F%2Finfovipbandarq.Co) has worked with both European and UK-based authorities for data protection. It is also important that they are fluent in the local language as they are likely to receive contact from both individuals and data protection authorities in the countries in which they work.

The EDPB says that the Representative is responsible for any non-compliance. However, the UK case of Rondon v LexisNexis UK Ltd. (2019) EWHC1427 affirmed that a representative is not able to be sued by a person who believes that the controller of the data did not comply with GDPR in the UK. This is due to the fact that, according to the court the Representative does not have a direct connection with the processing of data by the representative entity.

Who is responsible for appointing the UK Representative?

The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU that market their goods or services at European citizens must appoint a Representative. This is in addition to the requirements from national laws on data protection. The function of a representative is to serve as an individual point of contact for supervisory authorities and individuals regarding GDPR compliance issues.

The UK has its own equivalent to the EU requirement, set in Article 27 of the UK-GDPR. As with the EU requirement, the threshold is low: any organisation that offers goods or services to or monitors the behavior of data subjects within the UK must designate an UK representative.

According to the UK-GDPR a representative must be authorized in writing by the data subject or the [British Information Commissioner's office[British Information Commissioner's Office] "to be addressed, additionally or alternately, on behalf the controller or processor". They cannot be held personally liable for the GDPR's compliance. However they must cooperate with supervisory authorities in formal proceedings and also receive information from data subjects who exercise their rights (access request, right to be forgotten, etc. ).

Representatives must be situated within the EU member state in which the people whose data is being processed are. This isn't a straightforward decision and requires an extensive legal and business analysis to determine the most suitable location for a company. This is why we provide an unrivalled service to assist organisations in assessing their needs and deciding on the most appropriate representative option.

It is also recommended that representatives have experience working with supervisory authorities as well as handling data subject inquiries. The ability to communicate in a local language is often of importance as the job is likely to be involving dealing with requests 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 information given prior to collecting data (see article 13 UK-GDPR). Contact details for the UK Representative should be posted on your website so that supervisory authorities are able to easily reach them.

When do you have to appoint an UK Representative?

If your organisation is located outside of the UK and offers products or services in the UK or Representative Jobs monitors the behavior of individuals, you may be required to designate a UK Representative. The UK's Applied EU GDPR regime applies for non-UK established companies that conduct business in the UK. It has the same extraterritorial scope as EU GDPR, but with a few exceptions. You can take our no-cost self-assessment to determine if you are subject to this obligation.

A sales representative is appointed by the party appointing under a contract of service to represent that party with respect to certain obligations under UK GDPR and EU GDPR, as applicable. In the UK the primary purpose of this would be to facilitate communication between the appointing party and the Information Commissioner's Office (ICO) or any data subjects affected in the UK. A Representative could be an individual or a UK-based company. The body that appointed them must inform the data subjects that the sales representative will be processing their personal information and that the identity of the individual or business is readily available to supervisory authorities.

The appointing entity must also provide the contact details of its representative to the ICO and data subjects affected in the UK in accordance with Article 13 and 14 of the UK GDPR. It is essential to make clear that the function of a Representative is separate from and incompatible with 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 need to nominate an official from the UK representative the process should be completed as soon as possible. This is due to the fact that this obligation is 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 the designation of a UK Representative?

According to UK data protection laws, a representative is a person or company who is "designated" in writing by an entity which does not have a physical presence in the UK, but is still subject to the law. The UK representative has to be able to represent the entity in relation to its obligations under the law and their contact information must be readily available to anyone who reside in the UK who have personal information being processed by the non-UK-based business.

The individual who is the UK Representative must be a senior worker of the business or media organisation and has been hired and subsequently made an employee outside the UK by that business or media organisation. The visa applicant must plan to serve as the UK representative of the media or business organisation full-time and must not engage in other business activities in the UK.

The applicant also has to demonstrate that they have the knowledge and experience necessary to fulfill their role as UK representative, which involves acting as an individual contact point for the data subjects and UK authorities responsible for data protection. 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 inquiries or requests received from data protection authorities.

As the Brexit process moves forward, it is likely the UK laws on data protection are going to change as time passes. However, at the moment, it is expected that businesses from outside the UK who do business in the UK and collect personal information of individuals in the UK will need to appoint a UK representative.

This is because the UK GDPR mandates that all entities without a UK presence must appoint representatives under article 27 of the UK GDPR, which has been retained as a national law in the UK. If you're not sure whether you are required to appoint an UK representative for data protection, it is recommended that you consult an experienced legal adviser.