EU representative according to Art. 27 GDPR
In this article
The applicability of the EU General Data Protection Regulation (GDPR) is not exclusively dependent on whether a company has its registered office within the EU. Companies without a branch in the EU are also subject to the requirements of the GDPR under certain conditions. If the GDPR applies, these companies have numerous obligations under the GDPR; these include, more especially, the appointment of an EU representative pursuant to Art. 27 of the GDPR.
When is an EU representative required under Art. 27 GDPR?
A company located in a third country needs an EU representative according to Art. 27 GDPR, if the company:
- does not have a branch within the EU, but
- offers goods or services to persons in the EU or
- monitors the behaviour of individuals in the EU (especially tracking or profiling).
The GDPR lists the following exceptions to the obligation to designate an EU representative:
«... unless the processing is occasional, does not include processing, on a large scale, of special categories of personal data or the processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing or if the controller is a public authority or body.
»
If the processing is exclusively occasional, does not involve a large amount of sensitive data (Art. 9 (1) GDPR) and is not expected to pose a risk to the data subject, then no EU representative is required; however, in all other cases, an EU representative is mandatory. Where there is a duty to appoint an EU representative, but a company does not do this, there may be sanctions imposed by a data protection supervisory authority.
What is the GDPR's aim by using EU representatives?
The aim is to provide both data subjects and supervisory authorities with a one-stop shop in the EU. The data subjects can more easily enforce their rights according to Art. 12 to 21 GDPR (e.g. right to information, request for deletion and advertising revocation). And the data protection supervisory authorities of the EU Member States can use them to enforce the GDPR's requirements as well as, for example, sanctions against companies if they do not comply with the GDPR.
What are the duties of an EU representative?
As outlined above, the EU representative acts as a point of contact for data subjects and supervisory authorities for issues related to the GDPR or EU data protection law, providing them with a direct point of contact within the EU.
The EU representative supports companies with the GDPR's legal obligations. This task more especially includes receiving and forwarding requests from data subjects and providing the inventory of processing activities upon a supervisory authority's request.
How do we support you?
We have the
IT.DS Beratung (Klecker Weg 14 a, 21244 Buchholz, Germany) as our EU representative. This is regulated in a service contract between IT.DS Beratung and us. Based on this service contract,
you as our client can use the EU representative - provided by IT.DS Consulting - free of charge. To use this service, you must complete and sign an agreement.
Once you have signed the agreement, we will include IT.DS Consulting as your EU representative in your e-guma shop's privacy policy.
You may list IT.DS Consulting as a data protection representative in your website privacy policy and elsewhere. Use the following contact details:
IT.DS Beratung
Klecker Weg 14 a
21244 Buchholz
Germany
Email: info@itdsb.de
Tel: +41 40 2109 1514
Site: https://itdsb.de
IT.DS Beratung
Klecker Weg 14 a
21244 Buchholz
Germany
Email: info@itdsb.de
Tel: +41 40 2109 1514
Site: https://itdsb.de
If the EU representative provides the controller with data protection consulting services, the controller shall pay these costs. The EU representative shall inform the controller if it is foreseeable that costs will be incurred by the controller.
Where are the contact details of the EU representative displayed?
When you contact the EU representative about signing with us, you do not need to take any further steps with e-guma.
If you already have an EU representative, you can find their contact details in the
online shop basic settings.