The appointment of the EU Representative is required if the company in question is subject to the law of a country which is not a member of the European Union and only under certain circumstances and conditions.
Summary
How to determine if you should appoint an EU Representative
First of all, the requirement to appoint an EU representative is only triggered if the company concerned is established under the law of a country which is neither part of the EU nor the EEA. Foreign authorities and public bodies are not required to do this.
The assessment as to whether this obligation exists follows a multi-step analysis/assessment procedure:
- Determine whether the foreign company falls within the scope of the GDPR, i.e. is subject to its requirements;
- Check whether, despite the applicability of the GDPR, the company is in one of the cases of exemption from the obligation to appoint its EU Representative;
- If the GDPR applies and the company is not exempt, choose the representative;
- Designate the representative by signing a mandate agreement between the parties that describes the duties of the representative;
- In the mandate, the foreign company can regulate the responsibility of the Representative for contractual obligations.
