Your bridge to the EU digital market
Appointing an EU representative
We will gladly guide you through all the necessary steps to designate a representative in the EU in case your company is required to have one under the GDPR. As your EU representative, Enobyte will take care of the following tasks:
- Supporting you in complying with all requirements
- Maintaining the record of data processing activities (RPA)
- Acting as contact point for inquiries from supervisory authorities and data subjects in the EU or EEA
- Forwarding and, if necessary, translating (German/English/Japanese) inquiries to the company
When does my company need an EU representative?
Many companies that process data from the EU or EEA, but do not have an establishment in the EU or EEA, are required by law to designate a representative in the Union. The flowchart below may serve as an overview.
If your company does not have an establishment in the EU, but provides goods or services specifically to people in the EU, you need an EU representative. This may be the case if a company offers payment in Euros on its website, conducts promotional activities in the EU, or intends its services to be used in the EU.
The same is true if your company monitors the behavior of individuals in the EU, e.g. through location analysis or analysis of usage patterns in an app.
If your company has an establishment in the EU, you do not need a representative. However, you may need a qualified data protection officer.
Furthermore, it should be noted that due to no longer being part of the European Union, the UK has implemented its own data protection laws under the UK General Data Protection Regulation (UK GDPR). Therefore, companies based outside the UK, but operating in its market will need a representative in the UK instead of an EU representative. Representatives in both countries may also be required if your company is neither established the UK nor the European Union, but specifically provides goods or services to individuals in both regions, or monitors the behavior of individuals in both regions. Enobyte is happy to provide you with the best service in both the EU and the UK.
What are the next steps?
If you came to the conclusion that your company needs an EU representative or have unanswered questions, our experienced team is happy to assist you in English, German or Japanese.
Simply get in touch and we will take the necessary steps to best represent your company in the EU, including:
- Establishing a secure communication channel
- Adjustment of your privacy notice
- Review of your current data processing
- Creation/optimization of your record of processing activities