What is a UK Representative?

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

What is an UK Rep?

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

UK Reps 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 you are a UK fulfilment service provider or shipping company or another organization is designated as an Authorised Rep it must also be in compliance with EU directives on safety of products and traceability as well as UK law.

The EU GDPR no longer applies directly in the UK due to Brexit. Businesses who wish to do business in the UK must comply with the UK GDPR. These UK regulations are governed by 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 it is mandatory for companies that are not part of the EU to appoint representatives in the UK to ensure they can communicate with authorities for data protection and individuals in the UK. The representative can be an individual or a company with its headquarters in the UK and that is capable of representing the business in regards to its obligations under the UK GDPR (e.g., a private company, Shop with my Rep law firm or consultancy).

A UK Representative is a distinct job that requires someone who is familiar with the requirements of working with authorities for data protection and handling requests from individuals. If a company is new to the compliance industry it is recommended to find a knowledgeable UK Rep who can help with the initial set up and provide ongoing support as required. This can include assisting with the creation of procedures, document templates, and training for employees of the company.

How do I nominate a UK Rep?

If your company does business in the EU, you must have a representative (EU GDPR Article 3(2)). This requirement applies regardless of whether you have offices in the EU or not. If you do not have offices in the EU but you do business in the EU you will need both an EU and UK representative, unless you handle very limited personal information of EU citizens. This is the case when you provide goods or services to EU individuals or monitor their behavior.

If you are an EU business that provides 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 you're a controller of data or processor. The UK representative should be able to represent your company in relation to the obligations you have under the GDPR and act as a point of contact local for individuals as well as the ICO.

The UK representative must be a company, or an organisation, based within the EEA and able of resolving the obligations of the company under GDPR. Typically, this is an independent law firm, however it could also be a consultancy or private firm. The details of the representative should be easily accessible to EEA-based data subjects, such as by putting the information in your privacy notices, or publishing the information on your website. This will allow data subjects from the EEA to reach out to the representative with their concerns about your business's handling of their personal information.

You must appoint your representative in writing and spell the conditions of their relationship, similar to a service contract. It is essential to keep in mind that the appointing party remains accountable and liable to the activities of its representative. This is especially true after the recent Rondon 2021 EWHC1427 judgement.

There are exceptions, but they are very restricted and are not often applicable. This obligation is not applicable to public bodies, authorities or companies that process personal data only infrequently and with minimal risk. Even if exemptions are granted, it is important to consider whether the GDPR requirements are still being met.

What are the responsibilities of a UK avon rep in my area has?

A UK Rep is a person or company that acts as an contact point to address local data protection concerns from individuals or the ICO. A UK Rep may be an independent contractor or employee. They can also be an entity with its headquarters in the UK such as a consulting or law firm.

The responsibilities of a UK become avon rep are outlined in Article 27 GDPR. This requires that all companies outside the EU or those that provide goods and services to, or monitor the conduct of people in the UK designate a representative to act as a point of contact for the ICO.

A UK rep is the same as an EU authorized representative (EUAR) however, it is only valid for the United Kingdom. EUARs are accountable for monitoring compliance, Shop With My Rep and providing information to MHRA.

A UKRP has more responsibilities in relation to the UK's new Medical Device Regulation. A UKRP for instance, is responsible for registering medical devices shop with my rep (you could check here) the MHRA. They also act as an intermediary between the manufacturer of the device and the MHRA. In addition, an UKRP is responsible for the organisation's compliance with the MDR.

Similar to a union rep, or steward, has statutory rights to represent their members in the workplace and also perform other workplace duties. Typically, they are elected by the relevant members and may be voted for at a meeting or by ballot. The appointment is typically made known to the employer by the union.

Tour operators hire holiday representatives to work in their resorts in the UK and abroad during the summer months. Representatives are trained in the UK before they are sent out to their resorts. Experience of working and travelling internationally is typically required for these roles. The company that they work for could oversee them and provide them with performance reviews. They may also be paid a commission on bookings they make. The exact commission can vary but it is typically an amount of the profit made by the tour operator. It is essential to ensure that the agents communicate the commission clearly to their customers. This should ideally be explicitly mentioned in the job description.

How can I find a UK Rep to represent me?

UK Data Protection law stipulates that businesses located outside of the UK and offer services or goods to or monitor the behavior of, individuals in the UK, appoint an UK representative. The representative is the primary contact for data subjects and the ICO (Information Commissioner's Office). The appointment of the UK Representative has to be done in writing, and must state the terms of their relationship to you. 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, except Northern Ireland. Northern Ireland still requires an EU Authorised Rep. The function of the UK Rep can be taken upon by any organization that can prove their ability to meet the requirements of applicable legislation governing the product and serve as an efficient point of contact between the manufacturer and the national market surveillance authorities and Notified Bodies. This includes but is not only:

In the case of medical devices, an authorized representative would be a reputable Certification Company. In the case other products the representative who is authorized could be an agent or distributor.

You must make your UK Representative's information readily available to the individuals (individuals) who have personal information you collect. You can do this by putting the details in your privacy notice or publishing them on your website. It is not necessary to inform the ICO of the representative you choose however their contact information should be readily available to them.

It is recommended to choose an established and experienced organisation 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 comply with their obligations under both EU and GB regulations. Our expert team are ready to assist you in appointing an UK avon rep near me and achieve the representation that consumers and market surveillance authorities would.