What is an EU Representative?
An EU representative acts as a point of contact within the European Union for companies that are based outside of the EU but deal with EU residents’ data. This role is mandated by Article 27 of the EU GDPR.
Who Needs an EU Representative?
If your company is outside the EU and engages in either offering goods/services to individuals in the EU or monitoring their behavior (such as through tracking or profiling), you are generally required to appoint an EU representative. This applies to both data controllers and processors.
For example, if you process data in a third country, the processor might need to comply with European data protection law and appoint a representative within the EU.
How to Appoint an EU Representative?
The appointment of an EU representative must be formalized in writing, as per Article 27 (1) of the EU GDPR. The representative can be any individual or entity established within the EU. However, they must be located in one of the member states where the data subjects, whose data you are processing, reside.
Exceptions to the Rule
Not every non-EU based controller or processor is obligated to appoint an EU representative. Article 27(2) of the EU GDPR outlines several exceptions, including if the data processing:
only takes place occasionally
not to a greater extent sensitive data within the meaning of Art. 9 (1) EU GDPR (e.g. information on racial or ethnic origin, health data or genetic data),
does not include sensitive data on criminal convictions and offences to a greater extent within the meaning of Art. 10 EU GDPR, and
is not likely to result in a risk to the rights and freedoms of data subjects, taking into account the nature, circumstances, scope and purposes of the processing.
In addition, public authorities and public bodies are also exempt from the obligation to appoint an EU representative.
Understanding when and how to appoint an EU representative is crucial for non-EU companies dealing with EU residents' data. By following the guidelines provided in this guide, you can ensure that your company remains compliant with the GDPR, thereby safeguarding the privacy and protection of individuals' data and maintaining trust with your users.
Feel free to reach out if you need further assistance or have any questions regarding GDPR compliance and the appointment of an EU representative.