Appointing a European representative—data protection
Appointing a European representative—data protection

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Appointing a European representative—data protection
  • When are you required to appoint a representative?
  • General rule
  • Exceptions to the rule
  • The representative—regulatory requirements
  • Qualifying criteria
  • Incompatible roles
  • Location of representative
  • Written agreement
  • Sole or multiple representatives
  • More...

This Practice Note is intended for commercial organisations in the UK. It sets out the obligation to appoint a European representative under the EU GDPR. This obligation applies to most UK organisations that:

  1. do not have any EEA offices, branches or other establishments, and

  2. offer goods or services to, or monitor the behaviour of individuals in the EEA

This Practice Note reflects requirements of the EU GDPR, ICO Guidance on European representatives and EDPB Guidelines on territorial Scope of the GDPR.

It also briefly touches on the parallel obligation under the UK GDPR for EU organisations that do business in the UK to appoint a representative in the UK.

When are you required to appoint a representative?

You must appoint a European representative if you:

  1. are based in the UK

  2. have no offices, branches or other establishments in the EEA, and

  3. offer goods or services to, or monitor the behaviour of, individuals in the EEA

This is a general rule and there are certain exceptions—more details are set out below.

There is a parallel obligation in the UK GDPR. Non-UK organisations that offer goods or services to, or monitor the behaviour of individuals in the UK must appoint a UK representative.

General rule

The requirement is triggered when Article 3(2) applies, ie:

  1. you process personal data relating to individuals in the EEA

  2. your organisation is not established in the EEA, ie you

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