European Representative Art. 27 GDPR
Stellung des EU Vertreters nach Art. 27 DSGVO
Hier finden Sie die deutsche Version zum EU-Vertreter im Sinne des Art. 27 DSGVO
We assume the function of European Representative (EU Rep) for data controllers and processors in third countries (e.g. Switzerland, UK or the US) and provide/assume in this context in particular
- The position of the EU Representative according to Art. 27 GDPR (EU Rep.) by an expert lawyer with many years of expertise in data protection
- The designation of a postal and e-mail address as a contact point for data subjects and authorities in the EU
- Contact person for data subjects in the EU and their requests under the GDPR
- Official contact for authorities in the EU
- The forwarding of all inquiries from data subjects and authorities
- Support in responding to inquiries
Who does this concern at all? Who is obliged to appoint an EU representative?
European data protection law and its applicability is not only dependent on whether the controller or processor has its registered office within the EU - even if you as a controller or processor
do not have an establishment within the EU but
- offer goods or services to persons in the EU or
- monitor the behavior of individuals in the EU (in particular tracking or profiling),
If this is the case, your company is subject to the scope of the GDPR. You are then also required to appoint an European Representative in accordance with Art. 27 GDPR.
Tasks: What does the European Representative do?
The EU Representative is the point of contact for all questions relating to the processing of personal data, such as inquiries from data subjects and supervisory authorities. The EU representative acts as a direct contact person that the controller or processor within the EU must provide in accordance with Art. 27 GDPR.
The tasks of the EU Representative also include representing your company with regard to the obligations arising from the GDPR. This includes, among other things, receiving and forwarding data subject requests (such as for information or deletion) or providing the processing directory upon request of the supervisory authority.
Who may be appointed as an EU Representative under Art. 27 GDPR?
The EU Representative may be any natural or legal person (Art. 4 No. 17 GDPR). However, against the background that this person acts as a contact point for supervisory authorities and data subjects, he or she should have sound and demonstrable expertise in the field of data protection law, in particular the GDPR. In this way, it is possible for the EU representative to sufficiently fulfill his duties.
In order to provide you with the best possible service, we only appoint attorneys with the appropriate expertise as EU representatives for our clients and customers.
How is the appointment as EU Representative according to Art. 27 DSGVO carried out?
The appointment of the EU representative must be made in writing by the controller or processor. According to Art. 13 and 14 GDPR, the data subjects must be informed about the existence of an EU representative. This means that the controller or processor must provide the details of its EU representative in any privacy statement. Also, the EU Representative should be noted in the directory of processing activities according to Art 30 GDPR.
Liability: What happens if I do not designate an EU Representative despite the obligation?
If the regulation is not observed, high fines (Art. 83 GDPR) of up to 10 million euros must be expected or, in the case of a company, imposed of up to 2% of its total annual worldwide turnover of the previous fiscal year, whichever is higher. It may also be considered unfair competition in some circumstances (contentious) if the controller or processor does not comply. This can lead to expensive lawsuits in Germany or other EU countries.
How many representatives do I need?
In principle, only one EU representative is required under Art. 27 GDPR, even if the company offers goods or services to individuals in the EU in several EU member states or monitors the behavior of individuals in the EU (esp. tracking or profiling).
However, depending on the size and scope of the data processing, it may make sense to appoint more than one representative, for example against the background of different languages or cultural and legal particularities. We will be happy to advise you!
We would be happy to take on the position of EU Representative and the associated tasks for you. Contact us without obligation!
