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What is a UK Representative?

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Manufacturers who are not based within the EU and UK must choose the designation of a UK Rep or an Authorised Rep (EC Rep). Exceptions do exist.

What is a UK Rep?

A UK Rep is a person or company that is designated by the manufacturer to take care of certain duties related to product conformity in the UK. In accordance with the specific product law, it may include drafting UK Declarations of Conformity (DCC) for medical devices or serving as the initial point of contact with the MHRA. Typically, an Authorised Representative is known as a Responsible Person.

UK reps uk are required for companies that are not European and want to sell their products on the UK market in conformity with EU directives or UK laws. If a fulfillment service provider or shipping company in the UK is designated as an Authorised Rep, it is also required to conform to EU directives and UK law on product safety and traceability.

With the Brexit and the departure of the EU GDPR, the EU GDPR is no longer directly applicable in the UK and therefore companies that want to do business in the UK must adhere to a new set of data protection laws referred to as the UK GDPR. These UK regulations follow the same regulations to the EU GDPR, but they have been adapted to be enforceable by the Information Commissioner's Office in the UK.

Under the UK GDPR the requirement is for companies that are not part of the EU to designate representatives in the UK to ensure that they can communicate with data protection authorities and individuals who reside in the UK. The representative could be an individual or a company that is established in the UK and is capable of representing the business in regards to its obligations under the UK GDPR (e.g., a private firm or law firm, or a consultancy).

A UK Representative is an important role that requires someone with experience in working with data protection authorities, and handling requests from individuals. If a company is new to the field of compliance it is advised to hire an experienced UK Rep who can help in the initial setup and continue to provide support as needed. This can include assisting in the development of processes, document templates, and training for employees of the company.

How do I appoint an UK Rep?

You need to have a representative in case your company is operating in the EU (EU GDPR article 3(2)). This requirement is applicable regardless of whether or not you have offices in Europe. If you're a company with no offices in the EU but operates in the EU it is required to have both an EU and UK rep in case the processing of personal data from people in the EU is extremely limited. This would be the case if you offer goods or services to EU individuals or monitor their behavior.

If you are an EU company that offers goods and services to EU data subjects or monitors their conduct, you must appoint someone who is located in the UK. (UK GDPR article 27). This is the case regardless of whether you're a data controller or data processor. The UK representative must be able represent your company in relation to the GDPR's obligations and also act as an interface for individuals and the ICO.

The UK representative needs to be a company or organisation established within the EEA and be able to represent your business in relation to your obligations under the GDPR. Typically, this is an independent law firm, however it could also be a consultancy or private company. You can make the contact details of your representative easily accessible to EEA data subject by publishing them or including privacy notices. This will permit EEA data subjects to contact your representative if they have any questions they might have regarding the way you handle their personal information.

You must name your representative in writing and spell out the terms of their relationship much like a service contract. It is essential to keep in mind that the person who appointed you remains accountable and liable to the activities of its representative. This is particularly true after the recent Rondon 2021 EWHC1427 decision.

There are exceptions, but they are very narrow and are rarely applicable. Public bodies and authorities as well as businesses who process data on a regular basis and are at a low risk, are exempt from this obligation. However, even if an exception applies, it must be carefully considered to ensure that the requirement under the GDPR is satisfied.

What are the responsibilities a UK Rep has?

become a rep UK Rep is an individual or an organisation that serves as the contact point for local data protection enquiries from individuals, Shop With My Rep or the ICO. A UK avon rep can be an employee or independent contractor. They can also be an entity that is based in the UK such as a consulting or law firm.

The responsibilities of the duties of a UK Rep are outlined in Article 27 GDPR. This requires all businesses that are outside the EU or offer products or services to or observe the conduct of individuals in the UK to appoint a rep to act as an official point of contact for the ICO.

A UK rep is essentially the same as an EU authorised representative (EUAR) with the exception that it is only applicable to the United Kingdom only. EUARs are responsible for monitoring compliance, and supplying information to MHRA.

A UKRP however, has more responsibilities with regards to the UK’s new Medical Device Regulation. A UKRP, for example is responsible for registering medical devices avon shop with my rep with my rep (visit the website) the MHRA. They also act as an intermediary between the manufacturer of the device and the MHRA. A UKRP is also responsible for the compliance of the organization with MDR.

A steward or union rep is granted the same rights as a union representative to represent their members and perform other duties at work. Typically, they are elected by the members in question and are elected at a meeting or by ballot. The union usually informs the employer of the appointment.

Tour operators hire holiday reps to work in their resorts abroad as well as in the UK during summer. Representatives are trained in the UK and then transferred to their resorts. This type of job usually requires experience of working and traveling abroad. Representatives are monitored by the company they work for and are subject to appraisals for performance. They may also be paid an amount of money for bookings they make. The exact commission is variable, but it is usually a percentage of the profit made by the tour operator. It is essential that representatives are transparent about this to their clients. Ideally, this should be stated in the terms and conditions of the position.

How do I find the UK Rep?

UK Data Protection law requires that companies that are located outside of the UK and offer goods or services to or monitor the behavior of individuals who reside in the UK or monitor the behaviour of individuals in the UK, designate the position of 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 made in writing and clearly state the conditions of your relationship with them. The GDPR will not alter your responsibility or liability as a result of having a Representative.

The requirement for a UK Representative is applicable to any non-EU manufacturer selling into the GB market, except Northern Ireland (which still requires an EU Authorised Representative). Any company can assume the role of UK Rep, as long they can show that they are capable of fulfilling the specifications of the relevant legislation and provide a reliable point-of-contact between the manufacturer and the national market surveillance authorities or Notified Bodies. This includes but isn't only limited to:

In the case medical devices, an authorized representative would be a reputable Certification Company. For other products, it could be the distributor or sales agent.

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

The best option is to select a reputable and established organisation, such as ProductIP, to act as your UK Authorised Representative. We have years of experience dealing with both European and UK legislation. We offer a comprehensive service for companies trying to meet their obligations as required by EU and GB regulations. Our team of experts is here to help you select a UK Rep, and provide the representation that market supervision authorities and consumers demand.