Hello there! As the digital marketplace continues to expand across borders, many global organisations are now offering services to European Union (EU) and United Kingdom (UK) citizens. But here’s the catch – for companies without a legal presence in these regions, there’s a critical compliance requirement that often gets overlooked: the need to appoint a GDPR representative. Don’t worry, we’ve got you covered with all the essential information you need to know about GDPR representation.
Let’s Dive into GDPR Representation Requirements
For organisations that operate outside the EU or UK but process the personal data of EU or UK citizens, the General Data Protection Regulation (GDPR) mandates the appointment of a representative. This requirement ensures accountability for companies handling personal data, even if they are based outside these jurisdictions.
- EU GDPR Representative: Required for any non-EU organisation processing the personal data of EU citizens. This representative serves as the primary contact point for data subjects and data protection authorities within the EU.
- UK GDPR Representative: Essential for organisations without a UK presence processing the personal data of UK citizens. This role is similar to the EU Representative but tailored to the UK GDPR framework.
Both representatives must be physically located within their respective regions, bridging the gap between non-EU/UK organisations and the individuals and regulatory authorities they impact.
What Does an EU and UK GDPR Representative Do?
GDPR Representatives act as the main point of contact within the EU or UK for individuals whose data is being processed. They play a crucial role in ensuring GDPR compliance by:
- Facilitating Communication with Data Subjects and Authorities: Acting as the first contact for data subjects and regulatory authorities to ensure data subjects’ rights are respected and inquiries are handled promptly.
- Maintaining Compliance Documentation: Keeping records of data processing activities to demonstrate compliance and provide information to supervisory authorities when needed.
- Supporting Data Subject Rights: Assisting the organisation in managing requests from individuals exercising their GDPR rights such as access, rectification, erasure, and restriction of processing.
- Managing Regulatory Requests: Liaising with the organisation to respond to supervisory authorities’ inquiries and investigations.
- Assisting with Breach Notifications: Helping the organisation notify relevant authorities and handle inquiries in case of a data breach.
Do You Need to Appoint an EU GDPR Representative?
The requirement to appoint a GDPR Representative depends on certain factors under both EU and UK GDPR frameworks. Here’s a quick breakdown:
EU GDPR – Do You Need an EU GDPR Representative?
If your organisation operates outside the EU and:
- You offer goods or services to EU citizens.
- You monitor the behavior of individuals within the EU.
Exceptions: You may not need a GDPR Representative if your data processing activities are occasional or low-risk. However, most organisations interacting with EU citizens will find it necessary to appoint a representative.
UK GDPR – Do You Need to Appoint a UK GDPR Representative?
Similar to the EU GDPR, a UK GDPR Representative is required if:
- You offer goods or services to UK citizens.
- You monitor the behavior of individuals within the UK.
Even if you have an EU GDPR Representative, a separate UK representative is still required if your business targets UK citizens specifically.
Exceptions: Organisations may be exempt if their data processing activities are limited and low-risk.
Consequences of Non-Compliance
Not appointing an EU or UK GDPR Representative when required can lead to:
- Financial Penalties: Fines of up to €20 million or 4% of global annual revenue.
- Reputational Damage: Loss of trust and potential business impact.
Partner with Formiti for GDPR Representation Services
If you’re looking for a cost-effective and compliant solution, Formiti offers EU GDPR Representative and UK GDPR Representative services tailored to your needs. With Formiti as your appointed representative, you get expert support in data privacy regulations for both regions.
By choosing Formiti, you can ensure compliance, save costs, and have peace of mind knowing your GDPR obligations are in good hands. Reach out to Formiti today to learn more about how they can assist your organisation with GDPR representation.
Stay compliant, save costs, and focus on your core business activities with Formiti as your GDPR Representative in the EU and UK.
