GDPR Article 27: How to Choose and Work with EU Representatives

Introduction

Through the Brussels Effect and its extraterritorial scope, the General Data Protection Regulation (GDPR) has reshaped global standards, compelling organizations worldwide to adopt stricter practices for data protection and privacy, including for EU Representatives.

For non-EU organizations processing personal data of individuals in the EU, appointing an EU representative is not merely a bureaucratic formality but a legal obligation with significant implications.

This article explores the essential role of EU representatives under Article 27 of the GDPR, highlighting key responsibilities, compliance requirements, and strategic considerations for organizations subject to these provisions.

What is an EU Representative?

An EU representative serves as a designated point of contact between non-EU organizations and individuals whose data are processed in the EU on one hand and supervisory authorities within the EU on the other hand.

This role was therefore, established to ensure that individuals in the EU can effectively exercise their data protection rights regardless of where the data controller or processor is physically located.

Under Article 27 of the GDPR, organizations without an establishment in the EU must appoint a representative if they:

1. Offer goods or services to individuals in the EU (whether paid or free)
2. Monitor the behaviour of individuals within the EU

Key Responsibilities of EU Representatives

EU representatives play a crucial role as key administrative contacts, facilitating effective communication between non-EU entities and EU supervisory authorities while facilitating the data controller and processor compliance with the GDPR.

1. Facilitating Communication

The representative must serve as a reliable conduit for communications between:

• EU data subjects exercising their rights
• National supervisory authorities overseeing compliance
• The non-EU organization they represent

2. Maintaining Processing Records

Representatives must maintain records of all personal data processing activities conducted by the organization they represent, as required under Article 30 of the GDPR.

3. Cooperating with Supervisory Authorities

Representatives must cooperate with supervisory authorities during investigations, provide requested information, and assist within the context of compliance assessments conducted by these.

4. Responding to Data Subject Requests

When EU residents exercise their rights such as access, rectification, erasure, or data portability representatives must ensure these requests reach the appropriate personnel at the non-EU organization for timely resolution.

Exemptions from the Requirement

Not all non-EU organizations are required to appoint a representative. Exemptions apply to:

1. Organizations that process personal data only occasionally, do not process special categories of data or information related to criminal convictions or offenses on a large scale, and whose processing activities are unlikely to pose risks to individuals’ rights and freedoms.
2. Public authorities or bodies.

Strategic Selection of an EU Representative

When selecting an EU representative, organizations should consider:

Geographic Location

The representative must be established in an EU member state where the individuals whose personal data is being processed are located. Strategic considerations include selecting a representative in a jurisdiction where:

• The organization has the highest concentration of EU customers or users
• The regulatory environment and supervisory authority’s approach align with the organization’s compliance capabilities
• The representative has established relationships with local authorities

Qualifications and Capabilities

Effective representatives should possess:

• Comprehensive understanding of the GDPR and relevant data protection laws
• Experience interacting with supervisory authorities
• Operational capacity to maintain required documentation
• Ability to communicate in the languages of relevant data subjects and authorities

Best Practices for Working with EU Representatives

To maximize the effectiveness of the representative relationship, organizations should:

1. Establish clear communication protocols: Define processes for transmitting data subject requests, authority inquiries, and other time-sensitive communications.
2. Provide comprehensive processing documentation: Ensure representatives have access to up-to-date processing records, data protection impact assessments, and security measures.
3. Involve representatives in compliance planning: Include representatives in discussions about new processing activities or changes to existing ones that may affect GDPR compliance.
4. Regularly review and update mandates: As business operations evolve, reassess whether the representative’s mandate needs modification.
5. Formalize the relationship: Implement a comprehensive written agreement that clearly defines responsibilities, liability limitations, and termination conditions.

Conclusion

The EU representative requirement represents a crucial mechanism within the GDPR’s extraterritorial application. Far from being a mere formality, this role serves as a vital bridge between non-EU organizations and the European data protection ecosystem. By thoughtfully selecting qualified representatives and establishing effective working relationships, organizations can enhance their GDPR compliance posture while minimizing the risk of enforcement actions and reputational damage.

For EU representatives themselves, the role offers an opportunity to serve as strategic compliance partners, adding value beyond the baseline statutory requirements. As global data protection regulations continue to evolve, the importance of these cross-border compliance mechanisms will only increase.

Please also check our Article on Data Protection Offifers: Why Every Organisation Needs a Data Protection Officer