A representative in the Union is the point of contact for all questions concerning the data protection of EU citizens and the contact for data protection supervisory authorities. If you are a controller or processor not established in the EU and process personal data of data subjects who are in the European Union, you must appoint a representative.
This representative in the Union is the point of contact for all questions concerning the data protection of EU citizens and the contact for data protection supervisory authorities. The General Data Protection Regulation GDPR is applicable irrespective of where a company is located and where the processing takes place as long as the processed data pertains to data subjects in the Union.
According to Art. Even the analysis of visitors of your website can be considered monitoring. If one of the above criteria is given, you need to appoint a representative, unless an exception applies.
The obligation to designate a representative in the Union does not apply to processing which is occasional does not include, on a large scale, processing of special categories of data like racial or ethnic origin, political opinions, religious or philosophical beliefs or processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing.
It is important to note that the controller or processor must comply with all these criteria described above; in order to be exempt from the obligation to appoint a representative. You also do not need a representative if you have an establishment within the EU.
We can help you assess whether the GDPR applies to you and whether you need a representative. If so, we can act as your representative.
Additionally, we can support you in becoming compliant, act as your external data protection officer and advise you on an ongoing basis. Additional charges may apply in case third party correspondence or inquiries need to be worked on. The representative service is already included in our offer External Data Protection Officer.
We will gladly send you a quote for that, too. If you wish, we can also talk about helping you to become compliant with GDPR and with incident response, for example. Learn more about our consultancy approach at gdpr. EU Representative Service. With Brexit approaching rapidly, this is also relevant for UK-based companies. It takes three steps to appoint our firm as your representative: Send us a note to indicate your interest. We will send you the agreements for you to sign and return.
We will return a countersigned agreement and the invoice for the first year of service. Once we have completed those steps, you can mention our firm as your representative.
Representatives under Art. 27 of the GDPR: All your questions answered
Subscribe to the Privacy List.
Looking for a new challenge, or need to hire your next privacy pro? Steer a course through the interconnected web of federal and state laws governing U.
Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. Gain the knowledge needed to address the widest-reaching consumer information privacy law in the U. Learn the legal, operational and compliance requirements of the EU regulation and its global influence.
Learn more today. Access a collection of privacy news, resources, guidance and tools covering the COVID global outbreak. This tool maps requirements in the law to specific provisions, the proposed regulations, expert analysis and guidance regarding compliance, the ballot initiative, and more.
Looking for the latest resources, tools and guidance on the California Consumer Privacy Act? IAPP members can get up-to-date information right here. Privacy Shield agreement, standard contractual clauses and binding corporate rules. Create your own customised programme of European data protection presentations from the rich menu of online content.
Customize your own learning and neworking program! Free to members.
Choose from four DPI events near you each year for in-depth looks at practical and operational aspects of data protection. Whether you work in the public or private sector, anywhere in the world, the Summit is your can't-miss event. Find answers to your privacy questions from keynote speakers and panellists who are experts in Canadian data protection.
World-class discussion and education on the top privacy issues in Asia Pacific and around the globe. Delivering world-class discussion and education on the top privacy issues in Australia, New Zealand and around the globe.
Companies have to comply with the GDPR with respect to personal data that pertains to persons who are in the EU if they process such data relating to the monitoring of such persons' behavior or relating to the offering of goods or services directly to data subjects in the EU.
It does not matter whether the company charges for such goods or services. Controllers and processors are covered. The term "establishment" is not defined, but Recital 22 notes: "Establishment implies the effective and real exercise of activity through stable arrangements.
The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in that respect. Most companies try to avoid maintaining a permanent establishment in another country, because it can subject them to double taxation and accounting complexities. Instead, they incorporate a subsidiary, which is responsible for its own local tax filings and its own compliance under data protection laws.
The new privacy service offering at BSI will offer independent expert representation on behalf of global clients to ensure organizations meet both EU and UK data protection compliance obligations. The Consulting Services team at BSI provides an expansive range of solutions to help organizations address challenges in cybersecurity, information management and privacy, security awareness and compliance.
For more information visit bsigroup. BSI is the business improvement company that enables organizations to turn standards of best practice into habits of excellence. For over a century BSI has championed what good looks like and driven best practice in organizations around the world.
Working with 84, clients across countries, it is a truly international business with skills and experience across a number of sectors including aerospace, automotive, built environment, food, and healthcare. Through its expertise in Standards Development and Knowledge Solutions, Assurance, Regulatory Services and Consulting Services, BSI improves business performance to help clients grow sustainably, manage risk and ultimately be more resilient and trusted.
About BSI BSI is the business improvement company that enables organizations to turn standards of best practice into habits of excellence. To learn more, please visit: www.Brexit has been a curious mixture of simple messages and complex legal effects. However, there are two main changes which are important to recognise and prepare for, not only for UK and EU-based companies, but also for other companies which trade with either or both jurisdictions. The change which achieves the most attention relates to cross-border transfers of data, which is already a hot topic following the Schrems-instigated fall of Privacy Shield and the issues which that has caused for thousands of US-based businesses.
Now — following Brexit — the situation becomes more complicated. Many companies, particularly those headquartered in English-speaking countries, may have previously avoided the Representative requirement because they have a UK office; that will no longer be sufficient, as the UK office will not be an EU establishment, so it will not prevent them from the obligation to appoint a Representative in the EU although they would likely avoid the need for one in the UK, see later.
Whilst this will affect a significant number of companies, this will surprise UK companies more than most, as they probably would have never considered the question of a Representative before, having been based in the EU during the period they were gearing up for GDPR to come into force. All these UK companies which have enjoyed the ability to trade with the EU without restriction or tariff, will now find that — if they wish to continue doing so — they will need to appoint an EU Representative.
This will come as a surprise to many of these companies, and for some of them particularly those with more onerous Brexit preparations to undertake relating to the movement of physical products between the EU and UK they may not even become aware until after the obligation has arisen and they find themselves in breach of the UK law. For companies entirely outside of the pre-Brexit EU which, until now, have only needed an EU Representative, they will suddenly find that they need both their existing EU Representative, and now an additional UK Representative as well, if they wish to trade with both jurisdictions.
Original article published on 10 September The largest data protection, privacy and security event ofnow available on-demand! Featuring four whole days of keynote sessions, panel debates, and an opportunity to network and chew over all things data-related through discussions in public boards and virtual booths, PrivSec Global is now available to watch on-demand. You can access the content from all four days, by registering for access to our PrivSec Global platform below. By Tim Bell, Managing Director, DataRep Original article published on 10 September The largest data protection, privacy and security event ofnow available on-demand!You will definitely lose business and possibly get fined.
Before we can act as your Representative, we will dedicate time to understand your personal data processing activities and your approach to compliance. We were delighted to find Nathan Trust who were able to offer us a smart, straight forward and cost-effective solution. Philip and his team were always super responsive and great to deal with. In the following years, we can run annual high-level assessments of these documents to ensure they are up to date.
There is one exemption where a non-EU company is not required to have an EU representative. It is important to note that if you decide that you do not need a representative, you must interrogate this decision and document it. You have to prove that the processing of date is Occasional. The representative acts on behalf of the controller or processor with regard to their obligations under GDPR. It is important to note that the designation of an EU-based representative does not affect the responsibility or liability of the controller or of the processor under GDPR.
The Controller or Processor is always accountable. You must authorise the representative in writing. The representative is not required to be a legal professional, or a data security professional. However, given that the representative may be required to communicate with authorities and data subjects over a variety of issues, it would be beneficial for the representative to have a good knowledge of GDPR regulations.
The GDPR Representative would ideally have professional experience working with authorities in the areas of regulation and compliance. A controller not established in the Union but falling under Article 3 2 and failing to inform data subjects who are in the Union of the identity of its representative would be in breach of its transparency obligations as per the GDPR. So, it should be clear in your Privacy Statement who your representative is and how they can be contacted.
A legal person is an individual, company, or other entity which has legal rights and is subject to obligations.
The GDPR assigns no major responsibilities to representatives. The representative must be established in one only 1 of the EU Member States where the data subjects whose personal data the company processes are located. If the company is processing personal data from more than one EU country — then they can choose their preferred country. We obviously recommend Ireland. The regulator speaks English and has extensive experience in dealing with technology companies like Facebook, Twitter and Google — to name a few.
The company must appoint the representative "without prejudice" to legal actions that could be initiated against the company itself. Both the company and the representative could be subject to enforcement proceedings.Search for:. Skip to content Search for:. Processing of personal data relating to criminal convictions and offences.
Transparent information, communication and modalities for the exercise of the rights of the data subject. Information to be provided where personal data are collected from the data subject. Information to be provided where personal data have not been obtained from the data subject. Notification obligation regarding rectification or erasure of personal data or restriction of processing.
Representatives of controllers or processors not established in the Union. Notification of a personal data breach to the supervisory authority. Transfers of personal data to third countries or international organisations. Cooperation between the lead supervisory authority and the other supervisory authorities concerned. Right to an effective judicial remedy against a supervisory authority. Right to an effective judicial remedy against a controller or processor.
Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Existing data protection rules of churches and religious associations. Where Article 3 2 applies, the controller or the processor shall designate in writing a representative in the Union.
The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9 1 or processing of personal data relating to criminal convictions and offences referred to in Article 10and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or a public authority or body.
The representative shall be established in one of the Member States where the data subjects, whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are. The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller or the processor by, in particular, supervisory authorities and data subjects, on all issues related to processing, for the purposes of ensuring compliance with this Regulation.
The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves.
Suitable Recitals 80 Designation of a Representative. GDPR Table of contents.If you do not have any EEA offices, branches or other establishments, you should consider whether you are processing personal data of individuals in the EEA that relates to either:.Module 4: (5) Brexit and Data Protection
This representative will need to be set up in an EU or EEA state where some of the individuals whose personal data you are processing in this way are located.
You will need to authorise the representative, in writing, to act on your behalf regarding your EU GDPR compliance, and to deal with any supervisory authorities or data subjects in this respect. Your representative may be an individual, or a company or organisation established in the EEA, and must be able to represent you regarding your obligations under the EU GDPR e.
In practice the easiest way to appoint a representative may be under a simple service contract. You should give details of your representative to EEA-based individuals whose personal data you are processing. This may be done by including them in your privacy notice or in the upfront information you give them when you collect their data. You must also make it easily accessible to supervisory authorities — for example by publishing it on your website. Your appointment of your representative must be in writing and should set out the terms of your relationship with them.
The firm must appoint a European representative to act as its direct contact for data subjects and EU and EEA supervisory authorities.
Brexit and the Representative – GDPR in the City?
The firm will have to include the name of its European representative in the information it provides to the data subjects, for example in its privacy notice.
It need not inform the supervisory authorities in Sweden or Norway, or indeed the ICO, of this, but the details should be easily accessible to those supervisory authorities. These contain more guidance on appointing a representative. Does this section apply to us? This section applies if you are a UK-based controller or processor: with no offices, branches or other establishments in the EEA; but you are offering goods or services to individuals in the EEA or monitoring the behaviour of individuals in the EEA.
How can we prepare? If you do not have any EEA offices, branches or other establishments, you should consider whether you are processing personal data of individuals in the EEA that relates to either: offering goods or services to individuals in the EEA; or monitoring the behaviour of individuals in the EEA.
If you are carrying out such processing, and intend to continue after the end of the transition period, you will need to consider whether you must appoint a European representative. You will need to consider in which EU or EEA state your representative will be based and put in place an appropriate written mandate for that representative to act on your behalf.
Information about the representative should be provided to data subjects, for example, in your privacy notice. It should also be made easily accessible to supervisory authorities, for example by publishing it on your website.
What are the rules? If you are based in the UK and do not have a branch, office or other establishment in any other EU or EEA state, but you either: offer goods or services to individuals in the EEA; or monitor the behaviour of individuals in the EEA, then you will still need to comply with the EU GDPR regarding this processing even after the end of the transition period.