Any organisation processing EU residence data must have a presence inside the EEA. In many cases this will be an existing establishment, such as a branch, representative office or other unincorporated presence — which most companies try to avoid for tax reasons. If there is no permanent presence, the EU law (Art 27 GDPR mandates that the Data Controller or Data Processor “designate in writing a representative in the Union”.)
Failure to do so can incur penalties of up to 10M EUR or 2% of global turnover which ever is greater.
The EU Representative must be located in a Member State where some of the data subjects are. Ireland is an ideal location for EU Representatives with its common law system and huge network or high tech businesses based here.
In addition to complying with the GDPR regulation, the EU representative can also act as the eyes and ears for your business on the ground in the EU when it comes to monitoring the latest GDPR compliance developments. The new EU regulation will evolve quickly in the coming months and years. It’s important that your business is aware of evolutions in case law with respect to GDPR. The other value that this appointment can create for your business is the enhanced trust in the eyes of your customers, prospects and partners.
Contact us now to discuss your options for an EU Representative.
