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What is a UK Representative?
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Under EU directives and UK legislation, manufacturers who are not located in the EU must choose an Authorised Representative (EC Rep) and/or a UK Rep. Exceptions do exist.
What is what is a UK Rep?
A UK Rep is a company or person who is designated by a manufacturer to take care of certain duties related to product conformity in the UK. Based on the particular product law, this could include drawing up UK Declarations of Conformity for medical devices and providing an initial point of contact to the MHRA (Medical Device Regulations Agency). Typically, an Authorised Representative is also known as a Responsible Person.
UK Reps are needed by companies from outside Europe who wish to sell their products on the UK market in conformity with EU directives or UK laws. If you are a UK fulfilment service provider or shipping company, or any other organization is designated as an Authorised Rep it must also be in compliance with EU directives on product safety and traceability as well as UK law.
With the Brexit and the departure of the EU GDPR, the EU GDPR is no longer in direct use in the UK, so companies wishing to do business in the UK must comply with the new privacy laws, referred to as the UK GDPR. The UK regulations are similar to the EU GDPR, but are modified to allow them to be enforced by the Information Commissioner’s Office.
According to the UK GDPR, it is mandatory for organisations outside the EU to appoint representatives in the UK to to effectively communicate with authorities for data protection in the UK and individuals. The representative can be an individual or a business that is established in the UK and that is capable of representing the business in regards to its obligations under the UK GDPR (e.g. the private company or law firm, or a consultancy).
A UK Representative is a crucial job that requires prior experience working with data protection authorities, and handling requests by individuals. If your company is new to the compliance industry it is recommended to hire an experienced UK Rep who can help with the initial set up and provide ongoing support when needed. This could include helping with the creation of processes documents, document templates, and training for employees at the company.
How do I nominate an UK Rep?
If your business is in the EU, you must have representatives (EU GDPR Article 3(2)). This is the case regardless of whether or there are offices in Europe. If you do not have a presence in the EU yet you conduct business in the EU you’ll need an EU and UK representative unless you only handle very limited personal information of EU citizens. If you are a company that does not have offices in the EU but has business there and perfume is based in the EU, you must have both an EU and UK rep unless the processing of personal information from people within the EU is extremely limited.
If you are an EU business that provides goods and services to EU data subject or monitors their behavior, you must appoint someone from the UK. (UK GDPR article 27). This is the case regardless of whether you are a data controller or data processor. The UK representative is required to represent your company in relation to the obligations you have under the GDPR and also act as a local point of contact for individuals as well as the ICO.
The UK representative has to be a firm or organization that is based in the EEA, and be able to represent your business in relation to your obligations under the GDPR. This is usually an independent law firm. However it could also be a private business or a consultant. The details of the representative need to be readily available to EEA-based data subjects such as by including the information in your privacy notices, or publishing them on your website. This will enable EEA individuals to reach your representative if they have any questions they may have about the manner you handle their personal data.
You must appoint your representative in writing and spell out the terms of their relationship, similar to a contract for UK Rep services. It is important to keep in mind that the appointing party remains accountable and accountable to the actions of its representative. This is particularly the case following the recent Rondon 2021 EWHC1427 decision.
There are some exceptions to the requirement to choose a UK Representative, however these are comparatively narrow and rarely are used. Public authorities and bodies as well as businesses whose processing is occasional and at low risk, are exempt from this requirement. Even if an exemption applies it is crucial to carefully consider whether the GDPR’s requirements are still met.
What are the responsibilities a UK Rep has?
A UK Rep is a person or company that acts as an intermediary to answer local questions about data protection from individuals or the ICO. A UK Rep can be an employee or independent contractor. They can be an entity based in the UK such as a consultancy or law firm.
Article 27 of the GDPR defines the responsibilities of a UK Rep. This requires all businesses that are not part of the EU or provide products or services to or control the behavior of those in the UK to appoint a rep to serve as a point of contact for the ICO.
A UK rep is the same as an EU authorized representative (EUAR) with the exception that it is only applicable to the United Kingdom. EUARs have a number of responsibilities around monitoring compliance and providing information to the MHRA.
However, a UKRP has more responsibilities in relation to the UK’s newly-introduced Medical Device Regulation (MDR). A UKRP for instance is responsible for the registration of medical devices with the MHRA. They also serve as an intermediary between the maker of the device and MHRA. In addition, a UKRP is accountable for the compliance of the company with the MDR.
A union rep, also known as a steward, has statutory rights to represent their members in the workplace and perform other duties in the workplace. Typically, they are elected by the members in question and are elected through a ballot or meeting. The appointment is typically made known to the employer by the union.
Tour operators hire holiday representatives to work in their resorts in the UK and overseas during summer months. Representatives undergo training in the UK before they are sent to their resorts. Experience of working and travelling overseas is often desirable for these roles. Representatives are overseen by the company they work for and may be subject to appraisals for performance. They also may be paid a commission for bookings they make. The exact commission can vary, but is usually a percentage of the tour operator’s profit. It is essential to ensure that the representatives communicate this to their clients in a clear manner. It is ideal that this be stated in the conditions and terms of the position.
How do I find the UK Rep?
UK Data Protection law stipulates that businesses based outside of the UK and provide services or goods to or monitor the actions of, people within the UK, appoint an UK Representative. The representative is the primary contact for data subjects and the ICO (Information Commissioner’s Office). The appointment of the UK Representative has to be done in writing and must include the terms of their relationship with you. The GDPR will not alter your liability or responsibility due to having a Representative.
All manufacturers from outside the EU that sell into the GB Market are required to have an UK representative, shop with my rep the exception of Northern Ireland. Northern Ireland still requires an EU Authorised Rep. Any organisation can take on the role of UK Rep, as long they can prove that they can meet the specifications of the relevant legislation and providing an efficient point of contact between the manufacturer and national market surveillance authorities or Notified Bodies. This includes, but is not limited to:
In the case of medical devices, the authorised representative is usually a reputable Certification Company. For other products the representative who is authorized could be an agent or distributor.
You must make the details of your selected UK Representative available to individuals (individuals) who have personal data you handle and make them easily accessible. This can be done by including the information in your privacy notice or putting them on your website. It is not necessary to notify the ICO that you have chosen a representative, but their contact details should be readily available to them.
It is best to appoint an established and reputable company such as ProductIP as your UK Authorised Rep. We have extensive experience dealing with both European and UK legislation. We offer a comprehensive service for manufacturers who are seeking to fulfill their obligations under EU and GB regulations. Our team of experts is available to assist you in choosing the right UK Rep, and provide the representation that market surveillance authorities and customers require.