Is My Business in Breach of GDPR Without An EU/UK Representative?

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Since GDPR (General Data Protection Regulations) was implemented, many businesses have been concerned that they’re not fully compliant. Considering the amount of change GDPR has brought about, and how specific the regulations that makeup GDPR law are, it’s no wonder many businesses still remained concerned that they may be missing something important. What’s more, many businesses ask: is my business in breach of GDPR without a UK / EU representative in place?

GDPR has had a massive impact on the way businesses, governments, and individuals view data. The EU set out to shift our perspective in light of the way we live today. In essence, GDPR frames the control over personal data as a fundamental human right, seeing everyone’s personal data not as a commodity, but as an extension of ourselves.

In this article, we’re going to break down and cover the essential components of GDPR. We’re going to delve into the importance of having EU / UK representation, and what the possible repercussions are if businesses don’t appoint one to work on their behalf.

What is GDPR and what does it mean for my business?

GDPR refers to a set of data protection regulations that were brought into being by the EU back in 2018. These new laws and regulations fundamentally changed the landscape and sought to change the way businesses handle people’s personal data. GDPR affects any business that collects, processes, or stores information of individual data subjects on a large scale.

The fundamental objective of GDPR is to protect the data and the rights of individuals in regard to their personal data. Businesses can no longer harvest data and exploit it so easily. And those that do face penalties in the form of huge fines.

The fact is, that GDPR laws and regulations are hefty, long, and complex. And the penalties for breaches can be heavy. It’s no wonder, then, that many businesses are concerned about their compliance.

Is my business in breach of GDPR without an EU/UK representative?

Because of how new it still is, and because of how sticky it can be to traverse this new terrain with all its clauses, many businesses wonder if they may be breaching GDPR if they don’t have an EU / UK representative. While the answer isn’t as simple as a quick yes or no, what we can say, before delving deeper into the particulars, is that the chances are you’re not breaching GDPR if you don’t have an EU / UK representative.

But this depends on the type of business you are and what you do. More specifically, if you’re a business that collects, processes or stores information of individual data subjects on a large scale, as defined by GDPR, then you’re required to have representation. But, if you’re a public authority or only process low-risk data occasionally, then you don’t need representation.

If you’re the type of business that is required to have EU/UK representation, but you’re still collecting, processing and storing data, then you may be found to be breaching GDPR. Therefore it’s important to get representation as soon as possible so that your business can continue operating and so that you can avoid penalties for breach of GDPR law.

What are GDPR representatives and what do they do?

If you now realize that you need GDPR representation for your business, then you likely want to know what they are and what they do.

GDPR representatives are crucial in maintaining proper business conduct in accordance with GDPR in the EU and the UK for many businesses today. Their job entails representing your business and showing the regulatory authorities that you’re GDPR compliant.

Your representation can be an appointed individual, company, or group. They act on your behalf and are your direct point of contact for everything pertaining to GDPR between the UK and the EU. Their main role involves keeping you up-to-date with any potential changes in GDPR regulations, as well as showing the regulatory authorities that your business remains compliant with GDPR law.

They act as your main point of contact, sending and responding to important information between your business and the regulatory authorities whenever necessary. They’ll also act as your direct link as it pertains to sharing necessary information between your business, the authorities, and your data subjects.

They fulfill many important roles and dutifully take on the tasks necessary to keep your business conduct compliant with GDPR law in the UK and the EU. Your representatives will be tasked with sending and receiving legal documentation for your business and the proper supervisory authorities.

They’re your authorized agent who will respond to all inquiries related to your data subjects, as required by GDPR law. They’ll also be responsible for creating, storing, and keeping records on all your data activity, which can be used to show that your business is handling personal data lawfully. Furthermore, they’re responsible when and if they’re subject to enforcement proceedings, acting on your behalf, in the case that there is a non-compliance matter against your business.