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The following article was published in our article directory on December 19, 2018.
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EU Representation with BREXIT

Article Category: Advice

Author Name: Ian Smith

As the countdown to BREXIT steams along like a Run-Away train with no one at the wheel, the Information Commissioner's Office (ICO) released an update for UK Businesses-with some details about the dual compliance requirements if you deal with EU citizens.

The Six-Step report details ways in which your company can prepare for data security compliance if the UK leaves the EU on the 29th of March 2019, without having a deal.

Without an agreement, the UK will no longer be part of the European Economic Area (EEA). This determines that if your company has members in the EU or if you are (generally) dealing with EEA residents then you may need to delegate and EU Representative. You will also need to assure compliance with the UK's new Data Protection Act 2018 and the GDPR.

The ICO said "If you operate in the EEA, you may need to comply with both the UK data protection regime and the EU regime after the UK exits the EU. You may also need to appoint a representative in the EEA."

The ICO went on to say "If you have a data protection officer (DPO), they may continue in this role. They can combine their future UK responsibilities with any ongoing EU responsibilities, as long as they have expert knowledge of both UK data protection law and the EU regime, and are "easily accessible" from both locations."

If the UK (ICO) is already your lead supervisory authority, you should revise the organization of your European operations to assess whether you will continue to be able to have a lead authority and take advantage of the One-Stop-Shop. The One-Stop-Shop means you can usually deal with an individual European supervisory authority taking action on behalf of the other European supervisory authorities. It prevents your having to deal with regulatory and enforcement action from every single supervisory authority in every EEA and EU state where individuals are affected. After the UK exits from the EU, if you no longer have a lead authority and can not benefit from One-Stop-Shop, this could significantly affect your business and the resources you need to deal with enquiries from various European data protection authorities.

Do you need an EU Representative?
If you are based in the UK, and not in any other EU member country, but you offer goods or services to individuals in the EEA, or you monitor the behaviour of individuals located in the EEA, then to comply with the EU regime you will need to appoint a suitable representative in the EEA. This person will act as your local representative with individuals and data protection authorities (DPA) in the EEA. This is separate from your DPO obligations, and your representative can not be one of your processors and must not have a conflict of interest. You do not need to appoint a representative if you are a public authority, or if your processing is only occasional, low-risk, and does not involve special category or criminal offence data on a large scale.

Retain a One-Stop-Shop.
There are a number of service providers that can provide EU Representative services for you within the EU after BREXIT. Most notably, is Data Protection Services, who offer a complete One-Stop-Shop turn-key End-To-End Data Protection compliance service and will provide all the tools necessary to ensure that your business is compliant and effectively represented in the rest of the world too. After all, there are globally more Data Protection and Privacy laws than simply those of the UK or the EU. If you have customers in the US or Australia or in fact in any of more than 100 other countries, then you may need to ensure that you are complying with these laws also.

Data Protection Services have a solid presence in the EU and other offices from which the service the data protection needs of their global client base. They provide automated Data Subject Request support for your DPOs and Data Breach Notification services covering the laws of more than 160 regulators. If you combine this with points of presence in more than 100 countries and Data Protection Officers that speak more than 35 languages, you really know you are dealing with a team that can take care of your business. They also provide a Virtual Data Protection Officer (vDPO) service that you can use to assist you making sure that you comply with all the necessary laws.

A common mistake that businesses make, is, thinking that they don't have customers in other places, when in fact, it could be something as simple as an email that you receive from a person from the other side of the world. This email most probably contains personal information that you are obliged to ensure the safety of, even if that person never buys a single thing from you, they don't need to be a customer, they just need to be a person.

Global Data Protection
Your global Data Protection is supported by the highly automated Global Data Protection Management System which provides all the necessary compliance tools that any business will need to ensure compliance on a global level, not with just the UK or the EU. This is a critical component, as only complying with a few laws and not all of them means that a data breach will probably land you in hot water, even if you thought that you had it covered.

More than just a Checked Box
Data Protection Services takes Data Protection seriously. If your business is just looking to check a box, and say "Yep-we paid some guys to represent us in the EU, so we are covered-job done!" then you are wasting your money. Data Protection is more than one article (27) in a huge book of rules for one region-and checking that box alone, still won't help you become Data Protection Act 2018 compliant.

Data Protection Services offer a full range of Global Data Breach prevention tools, compliance techniques and supporting documents. A full compliance portal that provides all the tools that your business needs to ensure that you are doing all you can to comply. They can run mock data breach simulations so your staff are ready and know what to do if it ever happens to you. Your kit contains, policies, processes and frameworks, registers, and a huge number of other compliance tools and training posters and videos.

It is also supported by the largest provider of all these services in a One-Stop-Shop. Take a look at the website at https://www.dp.services

Check Data Protection Compliance Off your list
Data Protection Services have put together a BREXIT compliance package so you can check off more than just an EU Representative. You will save 50% on the face value of all of their GLOBAL DATA PROTECTION packages. More than just the UK and the EU and you will still be able to claim your EU Representative (they call them more appropriately "Global Data Protection Representatives") - the only condition is that you MUST be a UK based entity.

About the Author: Data Protection Services are expert when it comes to EU Data Protection Representation. To find out everything about EU Data Protection Representation, visit his website at https://www.dp.services.

Keywords: EU Representative, Data Protection Representative

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