When to nominate a representative of EU according to EU DGSVO and wich conditions has he to fulfil?

Occasional processing that does not include particular data categories according to Article 9 Paragraph 1 or 10 EU GDPR and which, taking into account the type, circumstances, extent and purpose of the processing, is not likely to jeopardise the rights and freedoms of individuals is excluded.The representative must be resident in an EU member state. Someone from the same language area would ideally be selected.

Conditions of the representative according to Art. 27 EU DSGVO

Representatives must be designated as such in the relevant documentation, i.e. presumably on the website, letter paper, mailings and reminders

An administrative fine may be due if no representative is designated. But how is this to be enforced?

In accordance with Recital 80, the representative from any supervisory authority can be contacted (from non GDPR supervisory authorities too?).

The representative should be commissioned via a written mandate and should act in place of the responsible person.

However, the designation of such a representative should not affect the responsibility or liability of the responsible person according to this regulation. Such a representative should in particular work with the responsible supervisory authorities with regard to measures that ensure compliance with this regulation.

The decisive issue is probably whether the representative is merely a representative or whether they have any liability (such as Admin C for domain name registrations of .de domains). In accordance with Recital 80, the representative shall be “subject to enforcement procedures” in the event of violations on the part of the responsible person or the processor. This means that enforcements can be made against them. The representative is thus well advised, if they hedge accordingly.

de la cruz beranek Attorneys at Law would be happy to advise you in order to clarify whether you need to designate a representative in the EU and can also put you in touch with lawyers skilled in data protection who are available to act as representatives.

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