Is Become A Representative The Same As Everyone Says?
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What Is a UK Representative and Why Do You Need One?
Natacha has held a variety of high-level positions within the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses established outside of the UK must adhere to UK privacy laws. They must choose a representative in the UK who will act as their point of contact for data subjects and ICO.
What is an UK Representative?
The UK Representative is a person, company or organisation that is formally mandated by a processor or controller of data to act on behalf of the controller or processor in all matters around GDPR compliance. They will be the main point of contact for inquiries from data subjects exercising their rights or requests from supervisory authorities. They may also be subject to national laws that have been put in place because of the GDPR's extraterritorial reach (see the UK case Rondon against 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 an official representative. This requirement is applicable to all companies that do not have a permanent establishment in the United Kingdom but offer goods or services or observe the actions of people who are located in the United Kingdom or who handle personal data. The Representative must be able authentic proof of their identity, and that they can represent the data processor or controller in connection with UK GDPR requirements.
As well as acting as a platform for individuals to exercise their GDPR rights 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 an incident. This is because the Representative must make a formal notification to the supervisory authority that appointed them regardless of whether the breach affects individuals across multiple jurisdictions.
It is essential 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 in which they work.
While the EDPB states that the representative sales must 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. This is because according to the court the Representative has no direct connection with the data processing activities carried out by the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that businesses from outside the EU with no office or branch within the EU that market their goods or services at European citizens, must designate a Representative. This is in addition to requirements of national data protection laws. The role of a representative is to serve as the local point of contact for supervisory bodies and individuals regarding GDPR-related issues.
The UK has its own equivalent to the EU requirements, as laid in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high for any company that provides goods or services to or monitors the behavior of data subjects in the UK must designate 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[British Information Commissioner's Office]". They cannot be held personally responsible for GDPR compliance. They must, however, cooperate with supervisory authorities during formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Representatives should be based in the Member State of the European Union in which the individuals whose personal data are processed are resident. In most cases this isn't an easy choice to make. A careful analysis of the legal and business context is required to determine the location(s) most appropriate for an organisation. We provide an unrivalled service to assist companies in assessing their requirements and selecting the best representative option.
It is also recommended that Representatives have experience interacting with supervisory authorities as well as dealing with inquiries from data subjects. Local language skills are also frequently important as the job is likely to involve dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). The UK Representative's contact information should be posted on your website, allowing easy access for supervisory authorities to connect with them.
When do you need to appoint a UK Representative?
If your business is located outside the UK and provides goods or services in the UK or monitors the conduct of individuals, you might be required to designate a UK Representative. The UK's Applied GDPR system is applicable to established non-UK entities that conduct business in the UK and has the same scope of extraterritorial application as EU GDPR (with certain exceptions). Take our free self-assessment to see if you are subject to this obligation.
A representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to act for that party in relation to specific obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal 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 can either be an individual or UK representative a company based in the UK. The appointing entity must inform the data users that their personal data will be processed by the Representative. The identity of that individual or company must be made easily accessible to supervisory authorities.
The entity that appointed the representative must 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 UK GDPR. It must make it clear that the function of a Representative is distinct from and not compatible with the role of the role of a Data Protection Officer ("DPO"), which requires a degree of independence and autonomy that cannot be provided by a representative.
If you have to designate a UK representative it is recommended to do so as fast as you can. This is because the need for this comes immediately upon 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 requirements for the designation of a UK Representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative should be able to represent an entity with respect to its legal obligations. The contact information of the representative should also be accessible to UK residents whose personal data are being processed by a non-UK business.
The individual who is the UK Representative must be a senior member of the business or media organisation and has been enlisted and appointed as an employee outside of the UK by the media or business organisation. The applicant for the visa must be planning to serve as the UK representative of the business or media organization full-time and not engage in other business activities outside of the UK.
In addition the visa holder must prove that they have the necessary skills and experience to fulfill their duties as a UK Representative which includes serving as local contact for inquiries from data subjects and UK data protection authorities. The UK Representative must have the experience and knowledge of UK data protection laws to be competent to respond to inquiries and requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues, it is likely that the UK data protection laws will change in the future. However, at the moment it is expected that businesses from outside the UK that do business in the UK and collect personal information of people in the UK will be required to appoint an official from the UK representative.
This is because the UK GDPR requires that entities that do not have a UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a national law in the UK. If you're not sure whether you are required to appoint the position of a UK representative for data protection it is recommended consult an experienced legal advisor.
Natacha has held a variety of high-level positions within the Foreign Office including Deputy Ambassador to China and a Director responsible for economic diplomacy and Emerging Powers. She has also worked in global trade policy and international issues.
Businesses established outside of the UK must adhere to UK privacy laws. They must choose a representative in the UK who will act as their point of contact for data subjects and ICO.
What is an UK Representative?
The UK Representative is a person, company or organisation that is formally mandated by a processor or controller of data to act on behalf of the controller or processor in all matters around GDPR compliance. They will be the main point of contact for inquiries from data subjects exercising their rights or requests from supervisory authorities. They may also be subject to national laws that have been put in place because of the GDPR's extraterritorial reach (see the UK case Rondon against 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 an official representative. This requirement is applicable to all companies that do not have a permanent establishment in the United Kingdom but offer goods or services or observe the actions of people who are located in the United Kingdom or who handle personal data. The Representative must be able authentic proof of their identity, and that they can represent the data processor or controller in connection with UK GDPR requirements.
As well as acting as a platform for individuals to exercise their GDPR rights 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 an incident. This is because the Representative must make a formal notification to the supervisory authority that appointed them regardless of whether the breach affects individuals across multiple jurisdictions.
It is essential 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 in which they work.
While the EDPB states that the representative sales must 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. This is because according to the court the Representative has no direct connection with the data processing activities carried out by the represented entity.
Who is responsible for appointing the UK Representative?
The EU GDPR stipulates that businesses from outside the EU with no office or branch within the EU that market their goods or services at European citizens, must designate a Representative. This is in addition to requirements of national data protection laws. The role of a representative is to serve as the local point of contact for supervisory bodies and individuals regarding GDPR-related issues.
The UK has its own equivalent to the EU requirements, as laid in Article 27 of the UK-GDPR. Like the EU requirement the threshold is not high for any company that provides goods or services to or monitors the behavior of data subjects in the UK must designate 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[British Information Commissioner's Office]". They cannot be held personally responsible for GDPR compliance. They must, however, cooperate with supervisory authorities during formal proceedings, and also receive notifications from individuals who exercise their rights. ).
Representatives should be based in the Member State of the European Union in which the individuals whose personal data are processed are resident. In most cases this isn't an easy choice to make. A careful analysis of the legal and business context is required to determine the location(s) most appropriate for an organisation. We provide an unrivalled service to assist companies in assessing their requirements and selecting the best representative option.
It is also recommended that Representatives have experience interacting with supervisory authorities as well as dealing with inquiries from data subjects. Local language skills are also frequently important as the job is likely to involve dealing with inquiries from supervisory authorities or data subjects in multiple countries across Europe.
The identity of the representative must be disclosed to data subjects through the privacy policies and information given prior to collecting data (see article 13 in the UK-GDPR). The UK Representative's contact information should be posted on your website, allowing easy access for supervisory authorities to connect with them.
When do you need to appoint a UK Representative?
If your business is located outside the UK and provides goods or services in the UK or monitors the conduct of individuals, you might be required to designate a UK Representative. The UK's Applied GDPR system is applicable to established non-UK entities that conduct business in the UK and has the same scope of extraterritorial application as EU GDPR (with certain exceptions). Take our free self-assessment to see if you are subject to this obligation.
A representative is appointed by the appointing party under the terms of a contract of service. The representative is appointed to act for that party in relation to specific obligations under UK GDPR and EU GDPR, if applicable. In the UK the primary goal 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 can either be an individual or UK representative a company based in the UK. The appointing entity must inform the data users that their personal data will be processed by the Representative. The identity of that individual or company must be made easily accessible to supervisory authorities.
The entity that appointed the representative must 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 UK GDPR. It must make it clear that the function of a Representative is distinct from and not compatible with the role of the role of a Data Protection Officer ("DPO"), which requires a degree of independence and autonomy that cannot be provided by a representative.
If you have to designate a UK representative it is recommended to do so as fast as you can. This is because the need for this comes immediately upon 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 requirements for the designation of a UK Representative?
Under the UK law on data protection (and specifically article 27 of the UK GDPR), a representative is an individual or company that is "designated in writing" by an entity that has no presence in the UK but is subject to the rules of the law. The UK representative should be able to represent an entity with respect to its legal obligations. The contact information of the representative should also be accessible to UK residents whose personal data are being processed by a non-UK business.
The individual who is the UK Representative must be a senior member of the business or media organisation and has been enlisted and appointed as an employee outside of the UK by the media or business organisation. The applicant for the visa must be planning to serve as the UK representative of the business or media organization full-time and not engage in other business activities outside of the UK.
In addition the visa holder must prove that they have the necessary skills and experience to fulfill their duties as a UK Representative which includes serving as local contact for inquiries from data subjects and UK data protection authorities. The UK Representative must have the experience and knowledge of UK data protection laws to be competent to respond to inquiries and requests from data protection authorities and individuals exercising their rights.
As the Brexit process continues, it is likely that the UK data protection laws will change in the future. However, at the moment it is expected that businesses from outside the UK that do business in the UK and collect personal information of people in the UK will be required to appoint an official from the UK representative.
This is because the UK GDPR requires that entities that do not have a UK presence must appoint a representative under article 27 of the UK GDPR which has been incorporated as a national law in the UK. If you're not sure whether you are required to appoint the position of a UK representative for data protection it is recommended consult an experienced legal advisor.
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