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Representative srvices

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Guest user Created:   Feb 01, 2018 Last commented:   Feb 01, 2018

Representative srvices

Based on the Advisera GDPR Doc: 4.2 Personal Data Protection Policy - 8.2.3 Main Establishment for Non-EU Companies for Data Controllers and Processors: It looks like we are required to have a representative in the EU… is this a service Advisera offers? If so, can you relay the cost structure?
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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Feb 01, 2018

Answer:

If you act as a controller or a processor and you are not established in the EU the EU GDPR will be applicable to you under the following conditions (https://advisera.com/eugdpracademy/gdpr/territorial-scope/) :
- You are offering goods or services to individuals in the EU (even free of charge);
- You are monitoring the behavior of individuals in the EU ;

Where these extra-territorial provisions apply, the controller or processor must appoint a representative. That representative must be based in a Member State.

This is an onerous role to take on, the EU representative will have to face off to the relevant supervisory authorities and accept liability for breach of the EU GDPR which could be substantial. So I am not sure why anyone would want to act as a representative.

So the bottom line is that Advisera does not provide this kind of representative services.

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Feb 01, 2018

Feb 01, 2018

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