If you are a company based outside the EU, selling to people in the EU, (or even holding data on customer behaviour in the EU) then the chances are that a little known part of GDPR could have a huge effect on you.
Put simply, Article 27 of the EU General Data Protection Regulation (GDPR) states that ‘Organisations that process EU residents’ data, but that are established outside of the EU, must formally appoint a representative in the European Union to represent them on data protection matters’.
And the penalties are huge for failure to comply with Article 27: Administration fines can be up to €10 million or 2% of global turnover.
So if you have clients and customers in the EU, and if you want to comply with the law, then there are some key steps you need to take:
- Appoint a Data Protection Representative in writing as your point of contact in the EU.
- Publicise your EU
representative’s contact details for
EU clients, customers, marketing prospects and authorities regarding privacy
matters. This includes all EU resident individuals where you process, store or
use data related to them.
EU Rep is the brainchild of David Fagan and Gail Chalmin who have over 40 years combined experience in data protection matters. David Fagan is a respected privacy lawyer and Gail Chalmin is commercial and data protection consultant.
As David Fagan explained, “GDPR carries significant penalties for non-compliance, so we decided to create a simple, easy to use solution that helps non-EU businesses comply cost-effectively”.
David continued “Being fined or sued for failure to comply is definitely an unwelcome outcome that can damage the trust between a company and its customers, and may well have a detrimental long-term effect on a company’s reputation”.
Gail Chalmin explained how EU Rep works “For as little as just €19 per month EU Rep will act as your EU based representative, provide privacy materials and tell you what you need to display, for example on your website”.
With Ireland set to be the only English speaking member of the EU after BREXIT Gail explained how EU Rep aids international companies. “EU Rep acts as your first point of contact if there is a complaint, EU Rep will notify you of the nature of the complaint and can provide additional services to help you, such as translation services or provision of legal advice”.