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

Natacha has held a number of senior positions in the Foreign Office including Deputy Ambassador to China and Director for economic diplomacy and Choose Your Avon Area Emerging Powers. She also has worked on global trade policy and international issues.

Businesses established outside of the UK must adhere to UK privacy laws. They must choose an agent in the UK who will act as their point of contact for data subjects and STEP 2 1; Https://Www.Reps-R-Us.Co.Uk, ICO.

What is a UK Representative?

The UK Representative is a person, business or organization 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 point for any queries from individuals who exercise their rights or requests from supervisory authority. They could be subject to national regulations that have been put in place due to the GDPR's extraterritorial reach (see the UK case Rondon against LexisNexis Risk Solutions).

The appointment of a Representative is required under Article 27 of the EU GDPR, as well as the UK equivalent Section 3(STEP 2) of the Data Protection Act 2018. The requirement applies to any organization that does not have a separate establishment within the United Kingdom and that offers products or services to or monitors the behavior of individuals located in the United Kingdom, or that handles personal data of these individuals. The representative must be able to show proof of their identity and that they are able of representing the controller or processor of data in respect to the UK GDPR's requirements.

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

It is recommended that your representative has worked with both European and UK-based authorities for data protection. It is also desirable for them to speak a local language because they will receive contacts from individuals and data protection agencies in the countries where they operate.

While 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 an individual for the data controller's alleged failure to comply with the UK GDPR. The court ruled that the Representative had no direct connection with the processing of data by the entity being represented.

Who is required to appoint the UK Representative?

The EU GDPR requires that non-EU businesses with no office or branch in the EU, that target goods or services at European citizens, must have a Representative. This is in addition to requirements of the national data protection laws. A representative's job is to act as an individual point of contact for supervisory bodies and individuals in relation to GDPR issues.

The UK has an identical requirement to that of the EU that is described in Article 27 of the UK-GDPR. As with the EU requirement, the threshold is low and any business that offers goods or services to, or monitors the conduct of data subjects within the UK must appoint an UK Representative.

Under the UK-GDPR, a Representative must be appointed in writing "to be additionally or alternatively addressed, on behalf of the controller or processor, by data subjects and the British Information Commissioner's Office]". They are not able to be personally held accountable for the GDPR's compliance. However they must cooperate with supervisory authorities in formal proceedings and receive communications from data subjects exercising their rights (access request or right to be forgotten etc. ).

Representatives must be located in the member state of the European Union in which the individuals whose personal information is processed are resident. Most of the time, this is not an easy choice to make and a careful business and legal analysis is required to determine the location(s) most suitable for an organization. We provide a service that helps organisations evaluate their needs and select the most appropriate representative location.

It is also recommended that the representative has experience dealing with supervisory authorities and dealing with requests from data subjects. Language skills in the local language can also be crucial, since the job could involve handling inquiries from data subjects or supervisory authorities in multiple countries throughout Europe.

The identity of the Representative should be disclosed to the data subjects by including their information in privacy policies and information given to individuals prior to collecting their data (see Article 13 of the UK-GDPR). The UK Representative's contact details should also be published on YOUR CHOICE OF WELCOME KIT site, providing the authorities in charge of supervision easy access to get in touch with them.

When do you have to nominate the UK Representative?

If your business is located outside of the UK and provides goods or services in the UK or monitors the behaviour of individuals, you could be required to appoint a UK Representative. The UK's applied EU GDPR regime is applicable to established entities outside the UK that are performing activities in the UK. It has the same reach as EU GDPR, with limited exceptions. It is recommended that you take our free self-assessment to determine if you have this obligation.

A Representative is appointed by the party appointing under the terms of a contract of service. The representative is appointed to act for that party in relation to certain obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary purpose of this would be to facilitate communication between the appointing entity and the Information Commissioner's Office (ICO) or any other affected data subjects in the UK. A Representative can be either an individual or a company which is based in the UK. The body that appointed them must inform the subjects of data that the Representative will be processing their personal information and ensure that the identity of the individual or company is readily available to supervisory authorities.

In accordance with Articles 13 & 14 of the UK GDPR The appointing entity is also required to provide the contact details of its representative to the ICO as well as to individuals who are data subjects in the UK. It must make it clear that the role of a Representative is separate from and not compatible with that of the role of a Data Protection Officer ("DPO") which requires a degree of independence and autonomy that cannot be offered by a Representative.

If you need to appoint an official from the UK representative the process should be completed in the earliest time possible. This is because this obligation is either immediately following Brexit (if it's an "hard" or "no deal" Brexit) or following an implementation period (if it is an "soft" or a "with deal". There is no grace period.

What are the prerequisites to becoming a UK representative?

Under the UK laws on data protection (and specifically article 27 of the UK GDPR) Representatives are an individual or business that is "designated in writing" by an entity that lacks a presence in the UK but is subject to the requirements of the law. The UK representative should be able to represent an entity with respect to its obligations under law. Their contact details should also be accessible to UK residents whose personal information are being processed by a non-UK business.

The UK Representative must be an overseas senior member of a media or business company, and STEP 2 have been hired and employed as an employee of the business or media organization outside the UK. The visa applicant must intend to work as the UK representative of the business or media organisation full-time and must not engage in other business activities in the UK.

In addition the visa holder must demonstrate the necessary knowledge and skills to fulfill their duties as a UK Representative, which will include acting as the local point of contact for queries from data subjects as well as the UK authorities for data protection. This is to ensure that the UK Representative is well-informed of and understanding of the UK data protection laws, and can respond to any requests from individuals exercising their rights under the law and any other requests or enquiries received from data protection authorities.

As the Brexit process continues it is likely that the UK data protection laws will change as time passes. At the moment, however, it is expected for non-UK companies that do business in the UK and collect personal data on individuals in the UK, to appoint UK Representatives.

This is because article 27 of the GDPR in the United Kingdom, which was retained as a UK national law, Working as a Torquay Avon Representative falls into 3 easy steps; requires companies without a UK-based presence to appoint the position of a UK representative for data protection. If you're not sure if you're required to have a UK representative for data protection, it's recommended that you seek out a knowledgeable legal advisor.