Why you need GDPR Representation

The GDPR requires organisations outside the European Economic Area (EEA) that process EEA residents’ data on a regular basis to have a Representative. The Representative is required to:

  • Be the point of contact in the EU for data subjects and supervisory authorities
  • Enable supervisory authorities to pursue enforcement actions in the EEA

After Brexit, the UK will cease to be a member of the EU, therefore, unless there’s alternative agreement:

  • Organisations outside the EEA and the UK will need a Representative in both the EEA and the UK
  • UK organisations will need a Representative in the EEA
  • EEA organisations will need a Representatives in the UK

This page explains why organisations must appoint a Representative.  It outlines the key responsibilities of the role and how they are carried out.

WHAT THE GDPR REQUIRES OF A REPRESENTATIVE

Responsibilities

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The Representative is required to:

  • Co-operate with the supervisory authority
  • Facilitate communication between data subjects and the controller or processor
  • Be readily accessible to data subjects in all relevant member states
  • Maintain a Record of Processing Activities (RoPA) in accordance with Article 30 of the GDPR

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Supervisory authorities can hold Representatives liable for non-compliance of both the Representative themselves and the organisation they represent

The Position

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The Representative:

  • Is appointed to represent controllers or processors that are not established in the Union
  • Must be established in one of the member states where the controller or processor’s data subjects reside
  • Can be subject to enforcement proceedings for non-compliance by the controller or processor

Representation for Non-EU Data Controllers - GDPR DPO Services
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The Representative can be a person or company, but with a lead contact assigned
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Generally the Representative cannot also be the Data Protection Officer

YOUR GDPR REPRESENTATIVE SHOULD WORK WITH YOU TO:

Set up your GDPR Representation

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Ensure your privacy policy displays the Representative’s contact details
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Understand your dataflows
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Review previous gap analysis and impact assessments
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Ensure adequate security measures are being taken to protect EU residents’ data
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Be aware of any previous breaches or non-compliance
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Establish a copy of your Records of Processing Activities (RoPA)

Provide ongoing GDPR Representation

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Maintain and update your RoPA on an ongoing basis
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Translate and respond to queries from European Data Protection Authorities and Data Subjects
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Log and, where appropriate, report breaches to the relevant regulator
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Receive and log data subject rights requests and advise on suitable responses
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Advise on data protection regulatory issues that impact your organisation

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