What is a UK Representative?

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Manufacturers who are not based within the EU and UK must choose 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 appointed by the manufacturer to take care of specific responsibilities related to product compliance in the UK. Depending on specific product legislation the role could include drafting UK Declarations of Conformity (DCC) for medical devices, or being the first point of contact with the MHRA. Typically an Authorised Representative is also referred to 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 accordance with EU directives or UK laws. If an fulfillment service provider or shipping company in the UK is designated as an Authorised Rep, it is also required to comply with EU directives and UK laws regarding safety of products 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 establish operations in the UK must comply with the new data protection laws known as the UK GDPR. These UK regulations follow the same regulations to the EU GDPR, but are adapted to be enforceable by the Information Commissioner's Office in the UK.

According to the UK GDPR, it is a requirement for companies that are not part of the EU to appoint representatives in the UK to to communicate effectively with the data protection authorities in the UK and individuals. The representative could be a person or company based in the UK that is able to represent a business with regard to its obligations under UK GDPR.

A UK Representative is a unique role that requires someone knowledgeable about the requirements for working with data protection authorities and dealing with requests from individuals. If your company is new to the industry of compliance, it is recommended to find a knowledgeable UK Rep who can help in the initial setup and provide ongoing support when needed. This could include helping establish processes, creating templates, and provide training to employees of the company.

How do I appoint a UK Rep?

You must have a representative in case your company is operating in the EU (EU GDPR article 3(2)). This requirement applies regardless of whether you have offices in the EU or not. If you have no 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. If you are a company that does not have offices in the EU but does business in the EU, then you must have both an EU and UK rep unless the processing of personal information from people within the EU is very limited.

If you are an EU company that offers goods and services to EU data subjects or monitors their conduct You must appoint a person from the UK. (UK GDPR article 27). This requirement applies regardless of whether you're a controller of data or processor. The UK representative must be able represent your company in relation to GDPR obligations and also act as a point of contact for individuals as well as the ICO.

The UK representative must be a business or a company, that is based in 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 consultant or private company. The contact details of the representative must be readily available to EEA-based data subjects such as by putting them in your privacy notices or by posting the information on your website. This will permit EEA data subjects to contact your representative with any concerns they might have regarding the way in which you handle their personal data.

You must appoint your representative in writing and spell out the terms of their relationship, similar to a service contract. It is crucial to remember that the person who appointed you remains accountable and liable to the activities of its representative. This is particularly the case after the recent Rondon 2021 EWHC1427 decision.

There are a few exceptions to the requirement to appoint the UK Representative, but these are relatively narrow and rarely apply. This obligation is not applicable to public bodies, authorities or companies that process personal data only infrequently and with minimal risk. Even if an exemption applies it is essential to consider whether the GDPR requirements are still being met.

What are the responsibilities of a UK Rep has?

A UK Rep is an individual or become an avon rep organisation that serves as the point of contact for local data protection inquiries from individuals or the ICO. A UK Rep may be an employee or independent contractor. They can also be an organization that has been established in the UK like an attorney firm or a consultancy.

The responsibilities of a UK Rep are outlined in Article 27 GDPR. This requires that all businesses outside the EU or that provide products and services to, or monitor the behaviour of individuals in the UK, appoint a representative to act as a contact person for the ICO.

A UK representative is the same as an EU authorized representative (EUAR) however, it only applies to the United Kingdom. EUARs have a number of obligations related to monitoring compliance and providing information to the MHRA.

However, the UKRP is more accountable in respect to the UK's newest Medical Device Regulation (MDR). For example, a UKRP is responsible for registering devices with MHRA and acts as a liaison between the manufacturer and the MHRA. A UKRP is also responsible for ensuring compliance of the company with MDR.

Similarly, a union rep, also known as a Steward, has statutory rights to represent their members in the workplace and carry out other workplace duties. They are usually elected by the members involved and are voted on through a ballot or meeting. The appointment is usually notified to the employer by the union.

Holiday companies employ holiday reps uk in their resorts abroad and in the UK during the summer months. Representatives are trained in the UK and then transferred to their resorts. Experience working and traveling internationally is typically required for Uk Rep these positions. Representatives are monitored by the company they work for, and are subject to appraisals for performance. They also may be paid a commission for bookings they make. The exact amount of commission is subject to change however, it is typically a percentage of the profit made by the tour operator. It is important to ensure that the representative communicates the commission clearly to their customers. This should ideally be explicitly stated in the job description.

How do I find the UK Rep?

UK Data Protection Law requires that companies located outside the UK that provide products or services or examine the conduct of individuals in the UK designate UK representatives. This person is the main contact between data subjects as well as the ICO (Information Commissioner's Office). The appointment of the UK Representative must be announced in writing, and must include the conditions of their relationship with you. Having a Representative does not alter your personal obligations and responsibilities under the GDPR.

All manufacturers from outside the EU that sell their products to the GB Market are required to have a UK representative, except Northern Ireland. Northern Ireland still requires an EU Authorised Rep. Any organisation can take on the responsibility of UK Rep, as long they can prove that they can meet the specifications of relevant laws and establishing a reliable point-of-contact between the manufacturer and the national market surveillance authorities or Notified Bodies. This includes, but isn't limited to:

In the case of medical devices, the authorised representative is typically a recognised Certification Company. If other products are involved are involved, the authorized representative could be an agent or distributor.

You must make your UK Representative's information readily available to individuals (individuals) who have personal data you handle. This is done by including them in your privacy statement or publishing them on your website. You do not have to inform the ICO of your representative however their contact information should be easily accessible to them.

The best choice is to assign an experienced and well-established organization like ProductIP and ProductIP, to serve as your UK Authorised Representative. We have extensive experience in dealing with both European and UK legislation. We offer a complete service for manufacturers who are seeking to fulfill their obligations under EU and GB regulations. Our team of experts are ready to assist you in selecting the right UK Rep, and provide the representation that market surveillance authorities and customers demand.