What Is a UK Representative and Why Do You Need One?
Natacha has served in various senior positions at the Foreign Office, including as the Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that are not located in the UK are bound by UK privacy laws. They must designate an agent in the UK who will act as their point of contact for data subjects and ICO.
What is what is a UK Representative?
The UK Representative is a person, company or other entity that has been formally authorised by a data controller or processor to act on behalf of the controller or processor in relation to the GDPR's compliance issues in general. They will be the primary contact point for inquiries from data subjects exercising their rights, or requests from supervisory authorities. They may also be subject to national requirements which have been implemented in the context of GDPR's extraterritorial reach (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. The requirement applies to any company that does not have its own establishment within the United Kingdom and that offers products or services or monitors the conduct of people who reside in the United Kingdom, or that manages personal data of those individuals. The representative must prove their identity and prove that they can be the controller or processor of data in respect to UK GDPR requirements.
As well as acting as a means for individuals to exercise their rights under GDPR as well as a means for individuals to exercise their rights under GDPR, the representative must also in a position to communicate with authorities in the event of 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 important that the representative you select has worked with both European and UK authorities for data protection. It is also desirable for them to be proficient in local languages because they will receive calls from individuals and data protection agencies in the countries where they operate in.
Although the EDPB states that the Representative will be held liable in the event of non-compliance, sales-representative (http://www.jangwontech.net/en/bbs/board.php?bo_table=en_qna&wr_id=1106501) the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the data controller's alleged failure to comply with the UK GDPR. This is because, according to the court the Representative has no direct connection with the processing of data by the representative entity.
Who is required to appoint the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU, that target goods or services at European citizens must appoint an official. This is in addition to requirements from national laws on data protection. The function of a representative is to serve as a local point of contact for supervisory authorities and individuals regarding GDPR compliance issues.
The UK has an identical requirement to that of the EU that is described in Article 27 of UK-GDPR. The threshold is the same as the EU requirement: any organization that offers goods or services in the UK or monitoring the behavior of individuals who are data subjects, must designate an UK Representative.
Under the UK-GDPR, become a representative representative must be mandated 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[British Information Commissioner's Office]". They cannot be held personally liable for the GDPR's compliance. They must however cooperate with supervisory authorities in formal proceedings, and also receive messages from those who exercise their rights. ).
Representatives must be situated within the EU member state where the individuals whose personal data are being processed reside. This is not an easy decision and requires an extensive legal and business analysis to determine the best location for an organisation. We offer a dedicated service that assists businesses to assess their needs and choose the most suitable representative choice.
It is also recommended that representatives have experience working with supervisory authority as well as handling inquiries from data subjects. Language skills in the local language can also be crucial, since the role may involve dealing with requests from supervisory authority or data subjects in multiple countries throughout Europe.
The identity of the representative must be disclosed to people who have data through privacy policies and other information that is provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact details should also be made available on your website, allowing the authorities in charge of supervision easy access to connect with them.
When do you need to designate the UK Representative?
If your company is located outside of the UK and offers goods or services to the UK or monitors the behavior of individuals, you could be required to appoint a UK Representative. The Applied GDPR regime in the UK is applicable to established non-UK entities that are conducting business in the UK and has the same extraterritorial scope as EU GDPR (with certain exceptions). Take our free self-assessment and check if you're subject to this obligation.
A representative is authorised by the entity that appointed them under an agreement to represent the entity in relation to a number of its obligations under the UK and EU GDPR if 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 other affected data subjects in the UK. A Representative can either be an individual or a UK-based company. The body that appoints them must inform the subjects of data that the Representative is processing their personal data and that the identity of the person or company is readily available to supervisory authorities.
The entity that is appointing the representative must provide the contact information of its Representative to the ICO and all data subjects affected in the UK in accordance with Article 13 as well as 14 of UK GDPR. It is essential to make clear that the function of a Representative is distinct from and incompatible with that of a Data Protection Officer ("DPO") which requires a degree of independence and autonomy that cannot be offered by a Representative.
If you are required to nominate a UK representative, you should do so as soon as you can. This is because this obligation is either immediately following Brexit (if it's 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 to be a UK representative?
Under the UK laws on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or business that is "designated in writing" by an entity that does not have 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 obligations under law. The contact information of the representative should also be readily available to UK residents whose personal details are being processed by a non-UK business.
The individual who is the UK Representative must be a senior employee of the foreign media or business organization and has been hired and sales-representative taken on as an employee outside of the UK by the media or business. The visa applicant must genuinely intend to be full-time employed as the UK Representative for the media or business organisation, and they are not allowed to engage in any other business activities in the UK.
In addition the visa applicant must demonstrate the necessary knowledge and skills to fulfill their role as a UK Representative which includes serving as the local point of contact for any queries from data subjects and UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK data protection laws to be capable of responding to inquiries and requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues it is expected that the UK data protection laws will change as time passes. At the moment, however, it is expected for companies from outside the UK that conduct business in the UK and handle personal data of individuals in the UK, to appoint UK representatives.
This is because the UK GDPR stipulates that companies that do not have a UK presence must appoint a representative in accordance with article 27 of the UK GDPR, which has been retained as a national law in the UK. If you are not sure whether you are required to nominate an UK representative for data protection it is recommended that you consult an experienced lawyer.
A Ciência & Ensino é uma publicação semestral destinada a professores de ciências do ensino fundamental e médio e seus formadores.
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por Amelie Sugerman (2023-10-21)
What Is a UK Representative and Why Do You Need One?Natacha has served in various senior positions at the Foreign Office, including as the Deputy Ambassador for China and Director of Economic Diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses that are not located in the UK are bound by UK privacy laws. They must designate an agent in the UK who will act as their point of contact for data subjects and ICO.
What is what is a UK Representative?
The UK Representative is a person, company or other entity that has been formally authorised by a data controller or processor to act on behalf of the controller or processor in relation to the GDPR's compliance issues in general. They will be the primary contact point for inquiries from data subjects exercising their rights, or requests from supervisory authorities. They may also be subject to national requirements which have been implemented in the context of GDPR's extraterritorial reach (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. The requirement applies to any company that does not have its own establishment within the United Kingdom and that offers products or services or monitors the conduct of people who reside in the United Kingdom, or that manages personal data of those individuals. The representative must prove their identity and prove that they can be the controller or processor of data in respect to UK GDPR requirements.
As well as acting as a means for individuals to exercise their rights under GDPR as well as a means for individuals to exercise their rights under GDPR, the representative must also in a position to communicate with authorities in the event of 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 important that the representative you select has worked with both European and UK authorities for data protection. It is also desirable for them to be proficient in local languages because they will receive calls from individuals and data protection agencies in the countries where they operate in.
Although the EDPB states that the Representative will be held liable in the event of non-compliance, sales-representative (http://www.jangwontech.net/en/bbs/board.php?bo_table=en_qna&wr_id=1106501) the UK court case of Rondon v LexisNexis UK Ltd (2019) EWHC 1427 has confirmed that a Representative can't be sued by a person for the data controller's alleged failure to comply with the UK GDPR. This is because, according to the court the Representative has no direct connection with the processing of data by the representative entity.
Who is required to appoint the UK Representative?
The EU GDPR stipulates that non-EU businesses with no office, branch or establishment in the EU, that target goods or services at European citizens must appoint an official. This is in addition to requirements from national laws on data protection. The function of a representative is to serve as a local point of contact for supervisory authorities and individuals regarding GDPR compliance issues.
The UK has an identical requirement to that of the EU that is described in Article 27 of UK-GDPR. The threshold is the same as the EU requirement: any organization that offers goods or services in the UK or monitoring the behavior of individuals who are data subjects, must designate an UK Representative.
Under the UK-GDPR, become a representative representative must be mandated 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[British Information Commissioner's Office]". They cannot be held personally liable for the GDPR's compliance. They must however cooperate with supervisory authorities in formal proceedings, and also receive messages from those who exercise their rights. ).
Representatives must be situated within the EU member state where the individuals whose personal data are being processed reside. This is not an easy decision and requires an extensive legal and business analysis to determine the best location for an organisation. We offer a dedicated service that assists businesses to assess their needs and choose the most suitable representative choice.
It is also recommended that representatives have experience working with supervisory authority as well as handling inquiries from data subjects. Language skills in the local language can also be crucial, since the role may involve dealing with requests from supervisory authority or data subjects in multiple countries throughout Europe.
The identity of the representative must be disclosed to people who have data through privacy policies and other information that is provided before collecting data (see article 13 in the UK-GDPR). The UK Representative's contact details should also be made available on your website, allowing the authorities in charge of supervision easy access to connect with them.
When do you need to designate the UK Representative?
If your company is located outside of the UK and offers goods or services to the UK or monitors the behavior of individuals, you could be required to appoint a UK Representative. The Applied GDPR regime in the UK is applicable to established non-UK entities that are conducting business in the UK and has the same extraterritorial scope as EU GDPR (with certain exceptions). Take our free self-assessment and check if you're subject to this obligation.
A representative is authorised by the entity that appointed them under an agreement to represent the entity in relation to a number of its obligations under the UK and EU GDPR if 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 other affected data subjects in the UK. A Representative can either be an individual or a UK-based company. The body that appoints them must inform the subjects of data that the Representative is processing their personal data and that the identity of the person or company is readily available to supervisory authorities.
The entity that is appointing the representative must provide the contact information of its Representative to the ICO and all data subjects affected in the UK in accordance with Article 13 as well as 14 of UK GDPR. It is essential to make clear that the function of a Representative is distinct from and incompatible with that of a Data Protection Officer ("DPO") which requires a degree of independence and autonomy that cannot be offered by a Representative.
If you are required to nominate a UK representative, you should do so as soon as you can. This is because this obligation is either immediately following Brexit (if it's 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 to be a UK representative?
Under the UK laws on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or business that is "designated in writing" by an entity that does not have 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 obligations under law. The contact information of the representative should also be readily available to UK residents whose personal details are being processed by a non-UK business.
The individual who is the UK Representative must be a senior employee of the foreign media or business organization and has been hired and sales-representative taken on as an employee outside of the UK by the media or business. The visa applicant must genuinely intend to be full-time employed as the UK Representative for the media or business organisation, and they are not allowed to engage in any other business activities in the UK.
In addition the visa applicant must demonstrate the necessary knowledge and skills to fulfill their role as a UK Representative which includes serving as the local point of contact for any queries from data subjects and UK authorities for data protection. The UK Representative must have the knowledge and expertise of UK data protection laws to be capable of responding to inquiries and requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues it is expected that the UK data protection laws will change as time passes. At the moment, however, it is expected for companies from outside the UK that conduct business in the UK and handle personal data of individuals in the UK, to appoint UK representatives.
This is because the UK GDPR stipulates that companies that do not have a UK presence must appoint a representative in accordance with article 27 of the UK GDPR, which has been retained as a national law in the UK. If you are not sure whether you are required to nominate an UK representative for data protection it is recommended that you consult an experienced lawyer.