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Your guide to EU Representatives

Tagged with eu, eu representative, gdpr, ico, privacy, article 27,
by Adam Brogden
in Blog

07-Sep-2020 16:06

The ICO has published a guide of helpful information for businesses that may be unsure of what EU Representation means for them. We've summarised the key points that you need to know.

Do I need an EU Representative?

If you do not have any EEA offices, branches or other establishments, you should consider if you are going to continue processing data after the end of the transition period that relates to either:

1. Offering goods or services to individuals in the EEA.

2. Monitoring the behaviour of individuals in the EEA.

What are the rules?

If you are based in the UK and do not have a branch, office or another establishment in any other EU or EEA state, but you either:

1.Offer goods or services to individuals in the EEA

2. Monitor the behaviour of individuals in the EEA

You will still need to comply with the EU GDPR regarding this processing even after the end of the transition period. As you will not have a base inside the EEA after the transition period ends, the EU GDPR requires you to appoint a representative in the EEA. 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.

Do I have to authorise my representative?

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.

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 and should also be made easily accessible to supervisory authorities.

Who can be my representative?

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. The easiest way to appoint a representative may be under a simple service contract.

Are there any exceptions?

You do not need to appoint a representative if either:

1. You are a public authority

2. Your processing is occasional, low risk and does not involve the large-scale use of special category or criminal offence data.

Exceptions to Article 27 are rare. If you think you may be exempt, get in contact with us at gdpreurepresentative.com and we can help advise you.

You only need an EU representative if you monitor or provide goods or services to EU residents. If you only trade in the UK, you do not need one. There are only a few exceptions, so it's best to contact us if you trade in the EU but don't think that you require one.

What will happen at the end of transition?

We've recently written a blog about this. In short, the UK version of the GDPR will state that a controller or processor located outside the UK must appoint a UK representative.

EU Representatives and Article 27 are new and complicated parts of the GDPR for many businesses. We're here to help in all matters GDPR. Our new website, gdpreurepresentative.com provides you with fast, secure and expert EU Representation you can rely on. Contact us at +441772 217800 or drop us an email at support@gdprteam.freshdesk.com and we can help you get EU Representation today.

Good luck all.

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