Do You Need to Appoint an EU Representative?

If you handle the personal data of EU citizens then you’re probably asking yourself this question.

Here we give you straight answers.

Do you need to appoint an EU representative?

Are You Exempt From Appointing an EU Representative?

Firstly, don’t panic if you think you might need an EU data representative.

Not every business who processes the personal data of EU citizens does.

If your data processing is only occasional, of low risk to the data protection rights of individuals, and does not involve the large-scale use of special category or criminal offence data, you may not have to appoint an EU representative.

You can discover more about the impacts of Brexit and GDPR in our guide for small businesses here.

Do You Have a Base in The EU?

You may need to appoint an EU representative if you are based in the UK and don’t have a branch, office or other establishments in any EU or EEA state, but you either:

  • offer goods or services to individuals in the EEA; or
  • monitor the behaviour of individuals in the EEA,
  • then you still need to comply with the EU GDPR regarding this processing.

No Base in The EU?

If you don’t have a base inside the EEA, the EU GDPR requires you to appoint an EU representative in the EEA.

The ICO has some more detailed information here.

If You do Need to Appoint an EU Representative.

Your representative needs to be located in an EU or EEA state where the individuals whose personal data you are processing are located.  

You need to authorise the representative, in writing, to act on your behalf regarding your EU GDPR compliance, and to deal with any supervisory authorities or data subjects, in this respect.

These measures can be expensive and impractical to implement, and so many businesses are turning to EU representative DPO services to fulfil these criteria.

EU Representative DPO Services

To learn more about how we can help you to process EU citizen data safely, please book a call.

We can provide guidance and support for your personal data compliance.

Book a call now. We’re always happy to help.