What is the difference between an EU Representative and a DPO? What is their requirement under GDPR?

The roles of an EU Representative and a Data Protection Officer (DPO) are not only different but are also designed to serve separate purposes, making it risky to combine them.

The role of a Data Protection Officer or DPO?

A Data Protection Officer (DPO) is your in-house expert on GDPR who you need to appoint if your company processes huge amounts of personal data, particularly sensitive information. Their main job is to help your organization stay compliant with GDPR, ensuring everything from data audits to staff training is in line with the regulations. 

One key aspect of the DPO’s role is independence—they should be able to perform their duties without interference, which means they need the freedom to make impartial decisions that protect both the organization and the data subjects.

The Role of an EU Representative

An EU Representative is a role that is mandatory for companies outside the EU but still doing business with EU residents. This person does not manage your internal compliance processes but rather serves as a crucial communication link between your company and EU data subjects, as well as regulatory authorities. 

The EU rep needs to be based in one of the EU countries where your data subjects live, ensuring that there’s always someone on the ground to handle inquiries and represent your company’s interests within the EU.

Can an EU rep and a DPO can be the same person?

The DPO and the EU Representative have fundamentally different responsibilities. The DPO’s role is internally focused on compliance, while the EU Representative’s role is externally focused on representation. 

Mixing these roles can lead to a conflict of interest because the priorities and obligations of each role are different. A DPO needs to be impartial and focused on compliance, whereas an EU representative is more about facilitating communication and representation within the EU.