Do I need an EU Representative?

The General Data Protection Regulation extends its reach beyond the borders of the EU and the EEA, affecting organizations worldwide that process EU residents’ personal data. A key requirement for many non-EU/EEA businesses is the appointment of an EU representative.

You would need an EU representative if your organization

1. Does not hold a branch, office or any other place of business within the territory of an EU/EEA state.
2. Or provides goods and services to the individuals in the EU/EEA or observes the conduct of the individuals in the EU/EEA

This requirement makes it possible for EU data protection authorities, and data subjects who seek a legal remedy or representation to approach anyone within the Union engaged in GDPR issues.

Of course, there are exceptions to this as well. You may not require an EU representative if your data processing is NOT processing large amounts of sensitive data or data concerning criminal convictions and if it does NOT pose a likelihood of risk to the interests and rights of the data subjects. However, these exceptions are quite limited, and the majority of businesses that process data of EU residents will require a representative.

This means that the EU representative acts as a link between your organization, EU individuals, and the supervisory authorities. Some of these duties include acting as the contact point for EU individuals and organizations for your company, documenting your organization’s processing activities, and providing assistance to the supervisory authorities in case of request.

Whenever you choose a representative there, they should meet the following criteria:

1. Established in an EU/EEA country where you have data subjects
2. Able to communicate in the languages of the relevant supervisory authorities and data subjects
3. Readily accessible to data subjects and authorities

Appointing an EU representative when required is crucial for GDPR compliance. Failure to do so can result in significant fines – up to €10 million or 2% of global annual turnover, whichever is higher.