GDPR Representative – Ensuring Compliance for Non-EU Organizations

The General Data Protection Regulation (GDPR) introduces the concept of a "representative" as a critical role for entities outside the EU. However, this role is often misunderstood. Unlike a legal representative of a company, the GDPR representative is a distinct legal entity required under data protection law.

If your organization operates outside the EU but processes the personal data of individuals within the EU, understanding the legal requirements for a GDPR representative is essential. Let us guide you through the regulations and how DSN GROUP can assist.

What is a GDPR Representative?

According to Article 4 para. 17 of the GDPR, a GDPR representative is:

“…a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation.”

This role acts as a bridge between non-EU organizations and EU supervisory authorities, ensuring the organization complies with GDPR obligations.

Who Needs to Appoint a GDPR Representative?

The requirement to appoint a GDPR representative depends on the territorial scope of the regulation, as outlined in Article 3 para. 2 of the GDPR. Non-EU entities must appoint a representative if they:

• Offer goods or services to individuals in the EU (whether paid or free of charge).
• Monitor the behavior of individuals within the EU (e.g., through cookies or tracking).

However, there are exceptions under Article 27 para. 2 of the GDPR:

1. Public authorities or bodies are exempt.
2. A representative is not required if:
   • Data processing is occasional.
   • The processing does not involve large-scale sensitive data or criminal convictions.
   • The processing is unlikely to pose risks to individuals' rights and freedoms.

Responsibilities of a GDPR Representative

A GDPR representative fulfills several essential duties, including:

Point of Contact:

Serves as the main liaison for supervisory authorities and data subjects regarding data processing inquiries.

Record Maintenance:

Maintains the Records of Processing Activities (ROPA) for data controllers and keeps client records for processors, as required by Article 30 para. 1–2 of the GDPR.

Cooperation with Authorities:

Provides processing records to supervisory authorities upon request (Article 30 para. 4).

Important Note: GDPR representatives are not liable for fines or damages imposed on the data controller or processor and do not serve as civil law representatives authorized to make declarations on behalf of the organization.

Key Considerations for GDPR Representatives

When appointing a GDPR representative, remember:

• Their name and contact details must be included in information provided under Articles 13 and 14 of the GDPR.
• They should also appear in the organization’s processing records and client records.

Take the First Step Toward GDPR Compliance

For non-EU organizations, appointing a GDPR representative is more than a legal obligation—it’s a critical step to maintaining trust and credibility in the EU market.