Under data protection laws like the EU General Data Protection Regulation (GDPR) and the UK GDPR, organizations outside the EU or UK that process personal data of individuals within these jurisdictions may be required to appoint a local representative.

Who Needs an EU/UK Representative?

1. Organizations located outside the EU/UK.
2. Those offering goods or services (paid or free) to individuals in the EU/UK.
3. Those monitoring the behaviour of individuals within the EU/UK (e.g., tracking cookies, behavioural advertising).

Key Responsibilities of the Representative

• Act as a Point of Contact: Serve as the local point of contact for data subjects (individuals) and supervisory authorities regarding privacy inquiries or complaints.
• Facilitate Communication: Assist in communication between the organization and EU/UK data protection authorities.
• Maintain Documentation: Keep a copy of the organization’s Record of Processing Activities (RoPA) and provide it to regulators if requested.
• Assist in DSARs: Support the organization in managing Data Subject Access Requests (DSARs).

Legal Requirements

• The representative must be physically located within the EU or UK, depending on where the organization’s data subjects reside.
• The appointment must be formalized in writing through a service agreement.
• Their name and contact details should be included in the privacy policy of the organization.

Exemptions

Organizations may not need a representative if:

• They process data occasionally.
• The data processed does not include sensitive (special category) data.
• The processing is unlikely to result in risks to individuals’ rights and freedoms.

Penalties for Non-Compliance

Failure to appoint an EU/UK representative when required may lead to regulatory fines and restrictions on data processing activities.