EU Representative Service
Many organisations based outside of the European Economic Area (EEA), that offer goods or services to individuals in the EEA and/or monitor the behaviour of individuals in the EEA, need to have an EU Representative in place.


Organisations based outside of the EEA, that offer goods or services to individuals in the EEA and/or monitor the behaviour of individuals in the EEA, need to appoint an EU Representative. That EU Representative, appointed principally to communicate with European supervisory authorities and data subjects on privacy-related matters, must be based within the EEA. We offer this service for a fixed fee through our Irish subsidiary, Saltire Data Protection Services Limited, based in Dublin.

As a general rule, your organisation will need to appoint an EU Representative if it has no offices, branches or other establishments in the EEA and it is offering goods or services to individuals in the EEA or monitoring the behaviour of individuals in the EEA. Most organisations are required to have one, but not all – for example, public-sector bodies are exempt.

The penalties for failure to comply are significant. Fines can be levied at up to 2% of worldwide turnover or €10 million, whichever figure is higher. The Dutch Data Protection Authority has imposed a fine of €525,000 on the website Locatefamily.com for failing to comply with the requirement to appoint an EU representative.

Also, if you offer goods or services to individuals in the UK or monitor the behaviour of individuals in the UK, but don’t have a presence in the UK, you may be interested in our UK Representative service. We provide this for a fixed fee too.

Through our UK and Irish offices and our network of highly respected local firms with whom we work in numerous EEA jurisdictions, we also provide seamless access to expert lawyers operating in the EEA, whenever additional legal advice is needed.

If you would like to discuss your requirements in more detail, contact us to arrange a consultation.

Joanna Boag-Thomson

Partner

Madeleine Gill

Solicitor

Close


Related articles and insights: EU Representative Service

15 October 2024

290 million reasons to comply: Fine imposed on Uber for non-compliant third-party transfers

Contributor: Joanna Boag-Thomson

The Data Protection Authority in the Netherlands recently imposed a €290 million fine on Uber for breaching the EU GDPR requirement to have adequate transfer mechanisms in place to safeguard personal data. This review of Uber’s breach highlights where it went wrong and how organisations can ensure they have the relevant representatives in place to maintain compliance with EU GDPR.

5 January 2023

Will 2023 be the year that personal data can flow across the Atlantic to the USA?

Contributor: Joanna Boag-Thomson

This article focuses on the draft adequacy decision that the EU has made to foster smoother trans-Atlantic data flows. It discusses what an adequacy decision is, the significance of this, the practicalities and process to follow, and concludes by assessing the possible impact that this will have on data flows between the UK and US.

Contact us