If your organisation is based outside the UK but processes the personal data of people within the UK – for example, if your company is in Canada, the USA or Australia and offers goods and services online, or monitors UK users’ behaviour – you may be legally required to appoint a UK GDPR General Data Protection Regulation) representative.
In this blog post, we explain what a UK representative is under the GDPR, why you may need one and how to choose the right GDPR representative service in the UK to stay compliant with UK data protection law.
What is a UK GDPR representative?
A UK data protection representative is a person or organisation appointed by a non-UK data controller or processor to act as their contact point in the UK.
This role is distinct from an EU GDPR representative, which is required for organisations outside the EEA that process EU residents’ personal data. After Brexit, many organisations now need both.
A UK GDPR representative:
- Acts as a contact point for UK data subjects and the ICO (Information Commissioner’s Office).
- Maintains records of processing activities.
- Supports communication between the controller/processor and UK stakeholders.
Why is a UK GDPR representative required?
The legal requirement is set out in Article 27 of the UK GDPR.
You must appoint a UK GDPR representative if:
- Your organisation is based outside the UK.
- You do not have a branch, office or other physical presence in the UK.
- You process the personal data of UK residents – either by offering goods or services, or by monitoring behaviour.
Who can be a UK GDPR representative?
A representative must:
- Be established in the UK.
- Be either an individual or a company.
- Have knowledge of UK data protection law.
In practice, many organisations appoint a specialist privacy or compliance consultancy to fulfil this role.
Note: A representative is not the same as a DPO (data protection officer). One provider may offer both services, but the roles are legally distinct.
What are the responsibilities of a UK GDPR representative?
Your UK representative will:
- Liaise with the ICO on your behalf.
- Handle data subject requests (DSARs) received in the UK.
- Maintain processing records required under the UK GDPR.
- Act as your privacy contact point, providing a local channel of communication.
How to choose a UK GDPR representative
When selecting a GDPR representative service in the UK, consider:
- Location: Established in the UK.
- Experience: Expertise in the UK GDPR and related legislation.
- Reputation: Reliable, responsive and transparent service.
- Capacity: Ability to handle DSARs, ICO contact and ongoing compliance.
Why choose our GDPR UK Representative service?
Our team of experienced data privacy lawyers and DPOs (data protection officers) deliver efficient, expert-driven services.
- We are a specialist legal and compliance consultancy – we only advise on data protection and data privacy matters.
- We’re already helping organisations like yours understand the intricacies of the UK GDPR and DPA (Data Protection Act) 2018.
- We have decades of experience and a solid track record.
- As we are a sister company of IT Governance, you can access a broad range of cyber security solutions, including training, consultancy and software, to support your data privacy needs.
Penalties for non-compliance
Failure to appoint a representative where required is a breach of the UK GDPR.
The ICO can issue significant fines – up to £8.7 million or 2% of global annual turnover (whichever is higher) – as well as other corrective measures.
Appointing a UK GDPR representative is not optional. It is a legal obligation.
Frequently asked questions
Do I need a UK GDPR representative if I already have an EU one?
Yes. Following Brexit, the UK GDPR is separate from the EU GDPR. You need a representative in both regions if you are based elsewhere and process the personal data of both UK and EU residents.
Can my UK solicitor act as a representative?
Yes, provided they are established in the UK and agree to carry out the duties. However, most organisations choose specialist GDPR service providers.
What’s the difference between a DPO and a GDPR representative?
A DPO is responsible for overseeing data protection compliance inside your organisation. A representative is an external contact point in the UK.
How much does a UK GDPR representative cost?
Fees vary depending on the level of service and volume of processing. IT Governance offers transparent pricing depending on the size of your organisation.
Simple UK GDPR representative checklist for non-UK organisations
Use this checklist to help determine whether your organisation is legally required to appoint a representative in the UK.
Step 1: Is your organisation based outside the UK?
- No, my organisation has a registered office, branch or other legal presence in the UK.
- Yes, my organisation has no UK presence.
If you answered ‘yes’, continue to Step 2.
Step 2: Do you process UK residents’ personal data?
- Yes, we sell goods or services to customers in the UK (including online sales).
- Yes, we monitor the behaviour of individuals in the UK (e.g. through cookies, apps or profiling).
- No, we do not handle UK residents’ personal data.
If you answered ‘yes’, continue to Step 3.
Step 3: Do the exceptions apply to you?
You may not need a representative if:
- Your processing is occasional,
- It does not involve large-scale processing of special category data (e.g. health data, biometrics), and
- It is unlikely to pose a risk to the rights and freedoms of individuals.
If you do not meet all three exceptions, you must appoint a UK GDPR representative.
Our GDPR UK Representative service
If your organisation is outside the UK but processes UK residents’ personal data, appointing a UK GDPR representative is a legal necessity.
Our annual GDPR UK Representative subscription service is provided by our sister company, GRCI Law (operating as GRC Solutions), which will serve as your designated UK representative. GRCI Law is registered and operates in England.
We will:
- Act as a UK-based contact point for data subjects and the ICO regarding personal data processing matters;
- Hold a copy of your records of your processing activities in compliance with Article 30 of the UK GDPR and provide access to the ICO if requested;
- Manage communications between your organisation and UK-based data subjects;
- Facilitate interactions between your organisation and the ICO;
- Assist with ICO-related compliance matters where necessary.
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