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What is a UK Representative?

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Under EU directives and UK laws, manufacturers who are not located within the EU must nominate an Authorised Representative (EC Rep) and/or a UK Rep. Exceptions do exist.

What is a UK Rep?

A UK Rep is a person or company appointed by a manufacturer of a product to handle certain duties in connection with the compliance with UK product laws. Depending on the specific product legislation, this may include drawing up UK Declarations of Conformity for medical devices and establishing the first point of contact to the MHRA (Medical Device Regulations Agency). Typically, an Authorised Representative is also referred to as a Responsible Person.

UK Reps are required for non-European companies who want to sell their products on the UK market in accordance with EU directives or UK law. If the fulfillment service provider or shipping company located in the UK is designated as an Authorised Rep, it is also required to comply with EU directives and UK law regarding product safety and traceability.

With the Brexit that took place, the EU GDPR is no longer directly applicable in the UK businesses that wish to do business in the UK must adhere to the new privacy laws, referred to as the UK GDPR. These UK regulations follow the same regulations to the EU GDPR, however they are modified to be enforced by the Information Commissioner's Office in the UK.

According to the UK GDPR it is mandatory for UK Rep organisations outside the EU to establish representatives in the UK in order to to effectively communicate with authorities responsible for data protection in the UK and individuals. The representative can be an individual or a company avon shop with my rep its headquarters in the UK and that is capable of representing the business with regards to its obligations under the UK GDPR (e.g. an individual, a private firm such as a law firm, consultancy or).

A UK Representative is a crucial job that requires expertise in 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 can include assisting with the creation of procedures, document templates, and training for employees at the company.

How do I nominate the UK Rep?

You must have a representative in case your business is located in the EU (EU GDPR article 3(2)). This requirement applies regardless of whether or whether you have offices in Europe. If you're a company with no offices in the EU however, you do business in the EU, you must have both an EU and UK rep unless the processing of personal information from people in the EU is extremely limited. If you are a company which does not have a presence in the EU but has business there and is based in the EU, you must have both an EU and UK rep, unless the processing of personal data from people within the EU is extremely limited.

If you are an EU company that offers goods and services to EU data subject or monitors their behaviour you must designate a representative from the UK. (UK GDPR article 27). This requirement applies regardless of whether your company is a controller of data or a data processor. The UK representative should be able represent your company with regards to the GDPR's obligations and serve as a point of contact for individuals and the ICO.

The UK representative must be a firm, or organisation, established in the EEA and capable of representing the obligations of the company under GDPR. Typically, this is an independent law firm, however it could also be a consultant or private firm. You can make the contact details of your representative easily accessible to EEA data subject by publishing them or including privacy notices. This will allow EEA data subjects to reach your representative with any concerns they might have regarding the way you handle their personal information.

You must appoint your representative in writing and you should outline the conditions of your relationship with them. This is similar to a contract of service. The person who appointed them remains accountable and accountable for the activities of their representative, which is crucial to keep in mind in context of the recent Rondon judgment 2021 EWHC 1427.

There are some exceptions however they are extremely narrow and are rarely applicable. Public bodies and authorities as well as businesses who process data on a regular basis and are at low risk, are exempt from this requirement. However in the event that an exception applies to you, it should be carefully evaluated to ensure that the requirement under the GDPR is still fulfilled.

What are the responsibilities that a UK Rep has?

A UK Rep is an individual or an organisation that serves as the point of contact for local data protection inquiries from individuals or the ICO. A UK Rep can be an employee or independent contractor. They can also be an organization that has been established in the UK like become an avon rep law firm or consultancy.

Article 27 of the GDPR defines the responsibilities of the UK Rep. This requires all companies that are outside the EU or offer goods or services to, or monitor the behavior of people 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), except that it is only valid for the United Kingdom. EUARs are responsible for ensuring compliance and providing information to MHRA.

A UKRP is more accountable to the UK's newly-introduced Medical Device Regulation. A UKRP for instance is responsible for the registration of medical devices with the MHRA. They also serve as an intermediary between the manufacturer of the device and MHRA. A UKRP is also responsible for ensuring compliance of the company with MDR.

A union rep, also known as a Steward is legally entitled to represent their members at work and carry out other workplace duties. Typically, they are elected by the members in question and may be voted for via a meeting or ballot. The appointment is typically made known to the employer by the union.

Holiday operators employ holiday representatives to work in their resorts in the UK and overseas during the summer months. Representatives receive training in the UK before being sent to their resorts. Experience of working and travelling abroad is usually required for these positions. The company that they work for may supervise them and provide them with performance reviews. They could also receive a commission for bookings that they make. The exact amount of commission may differ, but is usually an amount of the profit made by the tour operator. It is crucial that representatives are transparent about this with their customers. In the ideal scenario, this information should be made explicit in the conditions and terms of the role.

How do I find a UK Rep?

UK Data Protection law requires that companies that are located outside of the UK and provide goods or services to, or monitor the behaviour of individuals in the UK or join monitor the behaviour of individuals in the UK, designate a UK representative. The person appointed is the contact point for data subjects as well as the ICO (Information Commissioner's Office). The appointment of your UK Representative must be in writing and set out the terms of your relationship with them. The GDPR does not change your obligation or responsibility because of having a representative.

All non-EU companies that sell into the GB Market are required to have an UK representative, with 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 as they can demonstrate that they are capable of fulfilling the specifications of relevant laws and establishing an effective point of contact between the manufacturer and the national market surveillance authorities or Notified Bodies. This includes but is not restricted to:

In the case medical devices, an authorized representative would be a recognized Certification Company. In the case of other products, it may be the distributor or avon sales rep agent.

You should ensure that your UK Representative's information readily available to the data subjects (individuals) who are the recipients of personal data that you process. This can be done by including the information in your privacy notice or publishing them on your website. It is not necessary to notify the ICO that you have chosen a representative, but their contact details should be easily accessible to them.

It is recommended to choose an established and reputable organization such as ProductIP, as your UK Authorised Rep. We have years of experience dealing with both European and UK product laws, and can provide a comprehensive service to manufacturers seeking to meet their obligations under both the EU and GB regulations. Our knowledgeable team is here to help you appoint an official from the UK Rep and achieve the representation that authorities in market surveillance and customers expect.