EU Representative - General Data Protection Regulation (GDPR)
According to Article 27 of the General Data Protection Regulation, Regulation (EU) 2016/679, all Processors / Controllers operating outside the European Union (EU) who handle personal data of individuals within the EU and are offering goods or services to EU residents or monitoring their behavior within the EU, must appoint a EU Representative – General Data Protection Regulation (GDPR).
Failure to comply with this regulation could result in significant penalties. To ensure adherence to GDPR requirements and avoid legal consequences, it’s imperative for Processors/Controllers outside the EU to designate a representative within the EU.
Article 27
Representatives of controllers or processors not established in the Union
1. Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union.
2. The obligation laid down in paragraph 1 of this Article shall not apply to:
(a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or
(b) a public authority or body.
3. The representative shall be established in one of the Member States where the data subjects, whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are.
4. The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller or the processor by, in particular, supervisory authorities and data subjects, on all issues related to processing, for the purposes of ensuring compliance with this Regulation.
5. The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves.
What risks do organizations face for non-compliance with Article 27?
Be subject to administrative fines up to 10,000,000 EUR, or up to 2% of the total worldwide annual turnover from the preceding financial year—whichever is higher. Additionally, the GDPR empowers individuals whose data rights have been breached to initiate legal action. Such breaches and instances of non-compliance can quickly become evident. Ensure your organization adheres to these regulations to avoid potential financial and legal repercussions.
Let us be your solution!
At MDSS, we ensure your business’s compliance with the General Data Protection Regulation (GDPR) through our comprehensive services:
- Contact Point for Compliance: MDSS serves as the primary contact point for supervisory authorities and data subjects regarding all processing-related issues, ensuring GDPR compliance (Article 27.4).
- Record of Processing Activities: We verify and maintain the record of processing activities on behalf of the Processor/Controller, as mandated by Article 30.1 and 30.2, keeping it readily available in electronic form and providing it to the supervisory authority upon request (Article 30.4).
- Cooperation with Supervisory Authority: MDSS cooperates with supervisory authorities upon request, assisting in the performance of their tasks in line with Article 31.
- Information Provision: We provide necessary information to supervisory authorities as required for the fulfillment of their tasks, as per Article 58.
Still not sure if you need to appoint a data protection representative?
It’s better to err on the side of caution and appoint a EU Representative than to risk non-compliance.
Contact us today for a free assessment consultation! We’re here to help you navigate the complexities of data protection regulations.