Do You Need an EU or UK Representative Under GDPR? A Guide for Non-EU Companies

Introduction

If your company is based outside the EU or UK but processes personal data of EU/UK residents, you may be legally required to appoint a GDPR representative in the EU or UK. This is one of the most overlooked obligations for non-European businesses.

In this guide, we’ll break down what the GDPR representative role is, when it’s required, and what happens if you ignore it. We’ll also explain how this differs from appointing a Data Protection Officer (DPO)—and when you might need both. you may be legally required to appoint a GDPR Representative in those jurisdictions. This is one of the most overlooked obligations for non-European businesses.

In this guide, we’ll break down what the Representative role is, when it’s required, and what happens if you ignore it. We’ll also explain how this differs from appointing a Data Protection Officer (DPO)—and when you might need both.

What Is a GDPR Representative?

A GDPR Representative is a natural or legal person based in the EU (or UK, depending on the regulation) who acts as a local point of contact for:

Data protection authorities
Individuals (data subjects) exercising their rights

The Representative must be authorised in writing to act on your behalf regarding GDPR compliance.

Legal Basis: Article 27 of the GDPR & UK GDPR (EU and UK Representative Rules)

Under Article 27, any non-EU/UK business that:

Offers goods or services to people in the EU or UK
Or monitors the behaviour of individuals in those regions (e.g. via cookies, analytics, profiling)

…must appoint a Representative in the EU and/or UK (as applicable).

📌 This applies even if you don’t have a physical office or staff in the EU/UK.

Who Is Exempt?

You may be exempt from appointing a Representative if:

Processing is occasional
It doesn’t include large-scale processing of sensitive data
It’s unlikely to result in a risk to individuals’ rights and freedoms

However, these exemptions are narrowly interpreted—and you should assess them carefully with expert help.

EU vs UK Representative: Do You Need Both?

Since Brexit, the EU and UK operate independent GDPR frameworks. If you process personal data from:

EU citizens → You need an EU Representative
UK residents → You need a UK Representative

If you target both markets, you may need two separate Representatives.

What’s the Difference Between a Representative and a DPO?

Here’s a breakdown of the key differences:

Representative

Appointed under Article 27 GDPR
Required for non-EU/UK companies targeting EU/UK residents
Acts as a local contact for regulators and individuals
Communicates on your behalf but does not manage strategy
No obligation to be independent

Data Protection Officer (DPO)

Appointed under Article 37 GDPR
Required for organisations processing large-scale sensitive data or monitoring
Oversees privacy compliance and advises leadership
Must report directly to senior management
Must be independent and free from conflict of interest

💡 You may need both a Representative and a DPO depending on your processing activities.

You may need both if your data processing is large-scale, high-risk, or involves sensitive data.

Risks of Non-Compliance

Regulators are increasingly fining companies for failing to appoint a Representative
You may be excluded from EU tenders or vendor contracts
Your organisation may appear on regulatory watchlists

✅ How DPO & Privacy Support Can Help with GDPR Representative Requirements

We support non-EU/UK businesses with:

🌍 EU and UK GDPR Representative Services

We act as your designated contact point in both the EU and UK, ensuring you meet Article 27 obligations. 👉 Inquire about Representative services →

👤 DPO-as-a-Service

Need more strategic compliance support? We can also serve as your outsourced DPO. 👉 Explore our DPO services →

📋 Compliance Readiness Audits

Unsure if you need a Representative or DPO? Our audits identify gaps and help you plan accordingly. 👉 Request a GDPR compliance audit →

📄 Drafting Privacy Notices & Contracts

We update your privacy documentation to include Representative details and meet transparency requirements. 👉 Get help with privacy documentation →