
Appointing an EU Representative
Scope of GDPR
- provide products or services in the EU, or
- monitors the behaviour of individuals located in the EEA.
Requirement to appointment an EU Representative
***This obligation also applies to organisations based in the rest of the world who don’t have a branch or office in the EU.***
What is the background reason for this?
Scope of the appointment
- The Representative will need to be set up in an EU or EEA state where some of the individuals whose personal data the organisation is processing in this way are located.
- The appointed Representative (which can be an individual or a company) must act as your main contact for any questions and concerns regarding data protection from any EU citizen or any data protection supervisory authority.
- Your Representative must be authorised, in writing (usually under a service agreement) which should set out the terms of your relationship with them.
- You should appoint the Representative to act on your behalf on matters of your EU GDPR compliance, and to deal with any supervisory authorities or data subjects in this respect.
Informing individuals and regulators
- You must inform the affected EEA-based individuals and provide them with the details of the Representative. This may be done by including information in your privacy notice or in the upfront information that you provide to individuals when their data is collected.
- This information must also be easily available to the relevant supervisory authorities – for example by publishing details on your website.
Finding a suitable representative
A red flag warning
How we can help you
- Carrying out reviews of your current GDPR compliance, highlighting risks and suggesting steps forward
- Advice on GDPR compliant Data Processing Agreements and data processing transfer advice
In closing
Nothing in this article constitutes legal advice on which you should rely. The article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on the content of this article. Our Platform Terms of Use apply to this article.
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