Global privacy regulations increasingly require businesses operating without a local presence to appoint representatives within jurisdictions where they process personal data or provide digital services. This requirement is designed to ensure accountability, compliance, and effective communication between regulators, service providers, and individuals. The EU GDPR, UK GDPR, Swiss Federal Act on Data Protection (FADP), and the Digital Services Act (DSA) are notable examples of such frameworks.

EU Representative

GDPR Obligations

Under the EU GDPR, non-EU entities that:

• Offer goods or services to individuals in the EU, or
• Monitor their behaviour within the EU,

are required to appoint a representative in an EU Member State where data subjects reside. The representative acts as the primary point of contact for data subjects and supervisory authorities.

Responsibilities:

• Maintain records of processing activities.
• Facilitate communication between the company and EU regulators.

DSA Obligations

The Digital Services Act (DSA), effective as of February 2024, broadens the scope of representative requirements to digital service providers. These include online platforms, hosting services, search engines, and other intermediaries operating in the EU without an establishment there.

Key Obligations for DSA Representatives:

1. Legal Representation: A representative must be formally appointed via a written mandate and their details published for transparency.
2. Regulatory Communication: Representatives serve as the primary legal and regulatory contact for EU authorities, including the European Commission and Digital Services Coordinators in Member States.
3. Accountability for Compliance: They ensure the service provider meets DSA requirements such as user safety measures, transparency in terms of service, content moderation reporting, and cooperation with law enforcement.
4. Liability: Representatives may share liability with the provider for breaches of the DSA, emphasizing the importance of robust compliance practices.

UK Representative

After Brexit, the UK GDPR introduced a similar requirement for non-UK entities that process data of UK residents. A UK Representative must be appointed by organizations without a physical presence in the UK but targeting UK individuals through goods, services, or monitoring.

Responsibilities:

• Similar to those under the EU GDPR, the UK Representative liaises with the UK Information Commissioner’s Office (ICO) and data subjects.

Swiss Representative

Under the revised Swiss FADP (effective September 2023), non-Swiss companies must appoint a representative in Switzerland if they process personal data of Swiss residents and:

• Regularly offer goods or services in Switzerland, or
• Monitor individuals’ behaviour within the country.

Responsibilities:

• Similar to EU and UK requirements, the Swiss representative ensures compliance and serves as a contact point for authorities and data subjects.

Key Differences Across Frameworks

Framework	Applicability	Representative’s Role	Key Considerations
EU GDPR	Non-EU entities targeting EU residents	Handle GDPR compliance and liaise with regulators	Mandatory unless processing is occasional or low-risk.
UK GDPR	Non-UK entities targeting UK residents	Similar to EU GDPR	Separate representative required post-Brexit.
Swiss FADP	Non-Swiss entities targeting Swiss residents	Compliance with Swiss data protection laws	Distinct but aligned with EU GDPR principles.
EU DSA	Non-EU digital service providers	Ensure compliance with DSA obligations	Targets digital intermediaries (e.g., platforms).

Why Appointing a Representative Matters

1. Legal Compliance: Ensures adherence to local privacy and digital service laws.
2. Accountability: Establishes a local contact point for authorities and individuals.
3. Risk Mitigation: Non-compliance can result in significant fines (e.g., GDPR fines up to €20 million or 4% of global turnover, DSA fines up to 6%).

The requirement for appointing representatives under frameworks like the EU GDPR, UK GDPR, Swiss FADP, and DSA reflects the global emphasis on accountability in data protection and digital governance. Organizations operating across borders must carefully assess their compliance obligations, ensuring the appointment of representatives where necessary to manage regulatory risks and maintain trust with stakeholders.

Frequently Answered Questions

What is the purpose of appointing a representative under global privacy regulations?

Appointing a representative ensures accountability, compliance, and effective communication between businesses, regulators, and individuals in jurisdictions where the business processes personal data or provides digital services. It helps businesses comply with data protection laws in foreign markets and acts as a liaison for regulatory authorities and data subjects.

Who is required to appoint a representative under the EU GDPR?

Non-EU entities that:

• Offer goods or services to individuals in the EU, or
• Monitor their behaviour within the EU, are required to appoint a representative within an EU Member State where the data subjects reside. This representative will facilitate communication with EU regulators and data subjects.

How does the Digital Services Act (DSA) affect non-EU digital service providers?

Under the DSA, non-EU digital service providers such as online platforms, hosting services, and search engines must appoint a representative in the EU. The representative ensures compliance with DSA requirements, including user safety, transparency in terms of service, and cooperation with law enforcement. Representatives are also accountable for ensuring the company meets DSA obligations and may share liability for breaches.

What are the consequences of not appointing a representative in the required jurisdictions?

Failing to appoint a representative where required can result in significant penalties, such as:

• EU GDPR fines: Up to €20 million or 4% of global turnover.
• DSA fines: Up to 6% of global turnover for non-compliance with digital service obligations. This non-compliance can also damage business reputation and trust with customers.