On 1st January 2021, a section of the General Data Protection Regulation (GDPR) will apply. This may well affect some UK businesses – those that have customers based within the EU and no staff, or company representatives there. This section of the GDPR is known as European or EU Representation, and it is related to Brexit, the process of the UK leaving the EU. It is crucial to get a better understanding of this and what it could mean for you.
Although at the time that the new GDPR rules were put in place for the UK on 25th May 2018, these EU extensions weren’t considered ‘important’ (we were, after all, still part of the EU at that point). As Brexit has indeed occurred and negotiations are currently underway as to exactly how the UK will leave, we need to look at them more closely, and if your business needs an EU Representative, you are going to need to engage one sooner rather than later.
Even if there is an agreement and a ‘no deal’ Brexit is what we go through at the end of the year, you will still need an EU Representative, and therefore engaging earlier in the process will make things smoother and more comfortable for you later on.
What Does an EU Representative Do?
An EU Representative has to be established in the EU and will work for non-EU based businesses who want to conduct business there. For the UK, the main task of an EU Representative will be to act as a liaison between the company itself, the Regulatory Authority within the particular EU country, and the data subjects.
In order to do this correctly, an EU representative’s duties will include:
- Ensuring data processing records are accessible to the Regulatory Authority
- Keeping accurate records of data processing activities for any business they are engaged by
- Answering Regulatory Authority and data subject requests, regarding any concerns about data processing
Do You Need EU Representation for Your Business?
If you run a business in the UK, you might be wondering whether or not you need EU representation, and whether to engage an EU Representative. This is going to be necessary if you provide goods or services to countries within the EU. If you do so, contacting us to find out more should be a priority, so as not to fall foul of the legal requirements.
There is an exemption to this rule: if your business has an office – and employees – that are already based in the EU, even if your head office is in the UK, you won’t need an EU representative.
If you do require an EU Representative and you fail to comply with this legislation, your business could be fined up to four percent of its annual worldwide turnover, or €20 million (whichever is higher). Potential criminal convictions can also be imposed, as well as the need to pay for any damages in resulting court cases.
Choosing Your EU Representative
In essence, your EU Representative can be anyone who is based within the EU member state from which, through your business, you collect data. If you collect data from all over the EU, you only have to have one representative working on your behalf, as long as they are based in one of the countries you collect data from. Ideally, you should choose someone in the country you do the most work in, but this is not mandatory, and the choice is a free one.
How JVR Consultancy Can Help
Remember, there are many things that a business owner needs to put in place before the UK entirely leaves the EU at the end of 2020. This is especially true if there is a ‘no deal’ Brexit. Since it is looking more and more likely that this is what will happen, and the UK will leave the EU without any formal agreements in place, ensuring you are able to protect your business as far as possible is vital.
At JVR Consultancy, we are able to offer plenty of advice and information regarding EU representation and the laws and guidance that change after Brexit, and if you require an EU representative, we are able to take on this role for you. Simply contact us to find out more.
Frequently Asked Questions from our Customers
Yes we can, we can assist you with any of the accreditation featured on our website. We have a 100% record of securing any of the accreditation in the first audit for all our customers for the last 13 years.
More to the point, I ask clients how quickly can you start. We can have a consultant working on your accreditation within the hour if you are ready. The only things that take time are the audit dates, these are issued to the client by the certification body so it is out of our control.
This depends on how much the client has in place already. The more they have, the easier it becomes to work on their accreditation. The gap analysis that we carry out is free of charge and afterwards will give you an exact fixed price.
The fixed price will include the following –
- Carry out all the work ( creating documents & processes tailored to your company )
- Attend the audit ( as your expert consultant ) or make the desktop submission.
- Make any corrections that the auditor may highlight to ensure that you obtain your accreditation the first audit.
Initially, we need to talk to you to carry out the free gap analysis. Afterwards, we would require you to forward all the relevant documents. After that, we can complete the work with the minimum of your input, leaving you to concentrate on doing what you do best for the company.
Yes! Let us Manage your Accreditations with Ongoing Support and Maintenance. With us managing your accreditations, your team can then focus on business growth and development. This gives you peace of mind knowing your compliance is being routinely managed by professionals. Ongoing support and maintenance avoids panic in your business when suddenly faced with an audit, knowing at all times you are well prepared.
Achieve Accreditation and Compliance with JVR
JVR Consultancy was formed in the year 2008 and their head office is based in Windsor and Maidenhead. We noticed that there was a gap in the market, for companies who work in the construction, rail, utilities, oil and gas sector who were not fully supported in the way that they could be when it came to industry compliance and certification. That is why our highly experienced team of compliance consultants can serve these sectors by providing over 135 years of combined experience with all compliance needs. In short, you won’t find anyone else who cares as much, or who tries as hard as we do.
Speak with one of our experienced consultants. At JVR, we know that time is precious, and you want the answers to your questions quickly, especially during an audit!. Once we speak with you for the first time over the phone, we need around 10 minutes to fully evaluate which accreditation you need support with and a brief introduction into you and your company.
Managing Director at JVR Consultancy, Steven Sandhu, is passionate and committed to supporting his clients within their chosen Compliance accreditation. With over 15 years of experience across multiple compliance industries, Steven prides himself on delivering 100% accreditation success for his clients, mixed with a passion for providing excellence by understanding the goals and the needs of his clients’ businesses. All this, combined with his strong breadth of skills and knowledge by routinely researching industry requirements changes and introducing new regulated requirements
Our consultants have an extensive level of experience in developing solutions and offering guidance for our clients and their businesses. We offer a free GAP analysis, which will help to assess the difference between your business performance and your goals. It’s a fantastic way for you to find out if your business needs are met, and if they aren’t, it gives you the insight and confidence you need to deliver improvement before an audit. Learning more about what is Gap Analysis and how will the report benefit you.
With a success rate of 100% and a team who will go above and beyond to make sure that your expectations are met, you know that you can trust in us to provide you with the knowledge, resources and expertise you need to make a difference. Contact us today to find out more.
To identify the objectives and benefits that are needed to achieve your desired level of compliance, we offer a FREE, no-obligation Gap Analysis. Our analysis will assess your current systems and documentation. Just start your journey by filling in the form below, and one of our specialists will contact you (typically within one working day) to make arrangements.
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