Do I need a GDPR Article 27 Representative?

Updated: October 2025

If your business operates outside the European Union or the United Kingdom but processes personal data of EU or UK residents, you might be legally required to appoint a GDPR Article 27 representative. This requirement affects thousands of international companies, from small SaaS startups to major e-commerce platforms.

The General Data Protection Regulation states that controllers or processors not established in the Union must designate a local contact point for supervisory authorities and data subjects. Failure to comply can result in fines up to €10 million or 2% of your company’s annual turnover.

This comprehensive guide will help you determine whether your organisation needs an Article 27 representative, understand the appointment process, and ensure compliance with EU and UK data protection laws.

Quick Answer: When You Need an Article 27 Representative

The decision comes down to three key factors: your business location, the personal data you process, and the scope of your processing activities.

You need a GDPR Article 27 representative if:

• Your company is not established in the European Union or the UK
• You offer goods or services to data subjects in the EU/UK
• You monitor the behaviour of EU/UK residents
• Your processing goes beyond occasional activities

You don’t need a representative if:

• Your processing is occasional AND doesn’t involve large-scale processing of special categories of data
• You don’t process data relating to criminal convictions and offences referred to in Article 10
• Your activities pose a low risk to the rights and freedoms of natural persons

Timeline requirement: You must appoint such a representative within 30 days of beginning your processing activities targeting EU/UK data subjects.

Specific Business Examples

Companies that typically need representatives:

• US-based SaaS platforms with European customers
• Asian e-commerce sites shipping to the EU
• Marketing agencies targeting EU audiences with online ads
• HR software providers are processing employee data across borders
• Subscription services offered to UK consumers

Companies that typically don’t need representatives:

• One-time consulting projects with minimal data collection
• Companies occasionally process only publicly available contact information.
• Businesses with genuine EU/UK establishments (subsidiaries, offices)

What is a GDPR Article 27 Representative

A GDPR Article 27 representative serves as a designated contact point between your non-EU/UK organisation and local supervisory authorities. Article 27 of the General Data Protection Regulation requires this appointment to ensure data subjects and regulators can effectively communicate with foreign entities processing their personal data.

The representative acts as a liaison, not a decision-maker. They facilitate communication, maintain required documentation, and help supervisory authorities conduct enforcement proceedings when necessary. This role creates accountability for international data processing while respecting territorial scope limitations.

Legal Purpose and Function

The obligation laid down in Article 27 addresses a fundamental enforcement challenge: how can EU supervisory authorities effectively regulate controllers or processors with no physical presence in their jurisdiction? The representative requirement bridges this gap by establishing a local contact point for both regulatory and individual inquiries.

Your designated representative must be able to:

• Respond to supervisory authority requests in the local language
• Provide access to processing records and documentation
• Facilitate cooperation during investigations or compliance checks
• Handle data subject requests for access, rectification, or deletion

Difference Between Representative and Data Protection Officer

Many organisations confuse the Article 27 representative role with that of a Data Protection Officer (DPO). These are distinctly different positions with separate obligations set out in the GDPR.

Aspect	GDPR Article 27 Representative	Data Protection Officer
Purpose	External contact point for authorities	Internal compliance oversight
Independence	Acts under a written mandate from the controller	Must maintain operational independence
Appointment Trigger	Non-EU/UK entities processing EU/UK data	Large-scale processing, public authority, special categories
Responsibilities	Communication and documentation	Compliance monitoring, training, and advice

The controller or the processor shall mandate a representative through a formal written agreement, while a DPO must have the freedom to act independently within the organisation.

Written Mandate Requirement

The controller or processor shall designate in writing their Article 27 representative through a formal mandate received from the appointing organisation. This written appointment must specify:

• The representative’s authority to act on behalf of the controller or processor
• Specific responsibilities for maintaining records of processing activities
• Communication protocols with supervisory authorities and data subjects
• Geographic scope of representation (which member states are covered)
• Duration of the appointment and termination procedures

Who Must Appoint an Article 27 Representative

The territorial scope of GDPR extends beyond organisations established in the European Union. Article 3(2) creates obligations for any controller or processor offering goods or services to EU data subjects or monitoring their behaviour, regardless of where the organisation is physically located.

Non-EU/UK Controllers and Processors

Any data controller or processor not established in the EU falls under this requirement when their processing activities target EU residents. This includes:

Software and Technology Companies:

• Cloud service providers storing EU customer data
• Mobile app developers are collecting user information
• Analytics platforms tracking EU website visitors
• Social media platforms with European users

E-commerce and Retail:

• Online stores shipping products to Europe
• Marketplace platforms facilitating EU transactions
• Subscription box services delivering to EU addresses
• Digital content providers selling to European customers

Professional Services:

• Marketing agencies running campaigns targeting EU audiences
• HR software processing employee data across borders
• Legal firms handling international client matters
• Consulting companies collecting stakeholder information

Processing Personal Data Scope

The requirement applies when you process personal data related to offering goods or services or monitoring behaviour. This covers both evident and subtle forms of data processing:

Direct Service Provision:

• Account registration and customer management
• Payment processing and billing information
• Customer support and communication records
• Product delivery and logistics tracking

Behavioural Monitoring:

• Website analytics and user behaviour tracking
• Targeted advertising based on browsing patterns
• Social media engagement monitoring
• Location tracking for app functionality

Special Categories and Criminal Data

Organisations processing special categories of personal data or information relating to criminal convictions face heightened obligations. Large-scale processing of special categories includes:

• Health information for wellness apps
• Biometric data for security systems
• Religious or political preference tracking
• Trade union membership records

Processing data related to criminal convictions and offences mentioned in Article 10 requires additional safeguards and typically necessitates appointing a representative, regardless of scale.

Exceptions: When You Don’t Need a Representative

Article 27 includes specific exceptions that may exempt your organisation from the representative requirement. Understanding these exemptions can save significant compliance costs and administrative burden.

Occasional Processing Exemption

The most commonly cited exception involves processing, which is occasional. However, this exemption has strict limitations that many organisations misunderstand.

Occasional processing means:

• Infrequent, irregular data processing activities
• Processing that doesn’t form part of your regular business activities
• One-time or sporadic data collection events
• Activities that occur unpredictably and without pattern

Examples of occasional processing:

• A US law firm handling a single EU client matter
• One-time market research survey of European consumers
• Emergency data sharing during a security incident
• Temporary processing during business acquisition due diligence

Large Scale Processing Exclusion

Even occasional processing requires a representative if it involves large-scale processing of special categories of data or criminal conviction information. The GDPR doesn’t define “large scale” precisely, but supervisory authorities consider factors like:

• Number of data subjects affected (generally thousands or more)
• Volume of personal data processed
• Geographic scope of processing activities
• Duration of processing operations

Risk Assessment Criteria

Processing must also be unlikely to result in a risk to the rights and freedoms of natural persons. This assessment considers:

Low-risk factors:

• Minimal personal data collection (name, email only)
• Transparent processing with clear purposes
• Strong security measures and data protection by design
• Limited data retention periods
• No sensitive or vulnerable populations involved

Higher-risk factors:

• Extensive profiling or automated decision-making
• Processing of children’s data
• Combining data from multiple sources
• Weak security controls or data protection measures
• Processing that could lead to discrimination or harm

Public Authority Exception

The article shall not apply to processing carried out by a public authority or body. This exception covers governmental organisations, regulatory agencies, and similar public sector entities, regardless of their data processing scope.

Representative Location Requirements

Your GDPR Article 27 representative must be strategically positioned to effectively serve both supervisory authorities and data subjects in the relevant member states.

EU Member State Establishment Requirement

The representative must be established in one of the member states where the data subjects whose personal data is processed reside. This creates a direct connection between your organisation and the local regulatory environment.

Acceptable establishment forms:

• Registered business entity with local address
• Law firm with EU/UK offices and local staff
• Private company specialising in GDPR representation services, i.e. www.gdprlocal.com
• An individual consultant residing in the target member state

Multi-Country Processing Strategy

Organisations processing data across multiple EU member states face a strategic decision about representative placement. You can either:

Single Representative Approach:

• Appoint one representative in the member state where most data subjects are located
• Ensure the representative can communicate effectively across all relevant jurisdictions
• May require multilingual capabilities and broader regulatory knowledge

Multiple Representative Strategy:

• Appoint separate representatives in key member states
• Provides more localised expertise and language capabilities
• Increases costs but may improve regulatory relationships

Physical Presence Requirements

Competent supervisory authorities expect representatives to maintain a genuine local presence, not merely a postal address. Requirements include:

• Physical office address (not just a P.O. Box)
• Local telephone number with business hours coverage
• Email address monitored during local business hours
• Staff capability to communicate in the local language
• Business registration in the relevant member state

Communication and Language Requirements

Representatives must be able to communicate effectively with local supervisory authorities in their preferred language. This typically means:

• Native or near-native proficiency in the local language
• Understanding of local legal and regulatory terminology
• Familiarity with local business practices and communication styles
• Ability to respond promptly during local business hours

Representative Duties and Responsibilities

Your Article 27 representative serves as the bridge between your organisation and EU/UK authorities, with specific obligations outlined in the written mandate and GDPR requirements.

Maintaining Records of Processing Activities

One of the primary responsibilities involves maintaining comprehensive records of processing activities under Article 30. Your representative must have access to and maintain:

Required Documentation:

• Purposes of personal data processing
• Categories of data subjects and personal data types
• Recipients or categories of recipients of data
• International data transfers and safeguards
• Data retention periods and deletion schedules
• Technical and organisational security measures

The representative should be able to make these records available to supervisory authorities upon request, ensuring compliance with regulatory inquiries.

Handling Data Subject Requests

Data subjects have the right to contact your representative regarding their personal data. The representative must facilitate:

• Access requests for copies of personal data
• Rectification requests to correct inaccurate information
• Erasure requests (right to be forgotten)
• Portability requests for data in machine-readable format
• Objection requests to processing activities
• Restriction requests to limit the processing scope

While the representative coordinates these requests, the actual decision-making and data handling remain with your organisation as the controller or the processor.

Cooperation with Supervisory Authorities

Supervisory authorities may contact your representative during:

• Routine compliance inquiries about processing activities
• Investigation procedures into potential GDPR violations
• Complaint resolution processes initiated by data subjects
• Cross-border cooperation between multiple EU authorities
• Enforcement proceedings for non-compliance issues

Your representative acts as the primary contact point, but they cannot make substantive decisions about your processing activities or legal compliance strategies.

Documentation and Reporting Requirements

Representatives must maintain detailed records of all interactions with authorities and data subjects, including:

• Log of regulatory inquiries and responses
• Data subject request tracking and resolution
• Compliance documentation updates
• Communication records with the appointing organisation
• Training and awareness activities undertaken

What Representatives Cannot Do

Understanding the limitations of your Article 27 representative is crucial for managing expectations and ensuring the proper allocation of compliance responsibilities.

Legal Liability Limitations

Your representative cannot shield your organisation from legal responsibility. The controller or processor remains fully liable for:

• GDPR compliance violations and resulting fines
• Data security breaches and notification requirements
• Unlawful processing activities and their consequences
• Data subject compensation claims
• Supervisory authority enforcement actions

The representative facilitates communication but doesn’t assume your legal obligations or reduce your compliance responsibilities.

Decision-Making Restrictions

Representatives act under the written mandate but cannot make independent decisions about:

• Processing purposes and methods – these remain with the controller
• Data retention and deletion policies – requires controller authorisation
• Security measure implementation – technical decisions stay with the processor
• International data transfers – strategic decisions require controller input
• Legal compliance strategies – substantive legal decisions remain with the organisation

Data Protection Officer Distinction

A representative cannot simultaneously serve as your Data Protection Officer due to inherent conflicts in role independence requirements. The DPO must maintain operational independence from management instruction, while representatives act under explicit written mandate from the controller or processor.

Key conflicts include:

• Independence requirements vs. mandate obligations
• Internal oversight role vs. external communication function
• Compliance monitoring vs. facilitation responsibilities
• Strategic decision input vs. administrative coordination

GDPRLocal.com EU & UK Representative Services

GDPRLocal.com offers comprehensive GDPR Article 27 representative services tailored for organisations outside the European Union and the United Kingdom that process personal data of EU or UK residents. Our services ensure your compliance with both EU GDPR and UK GDPR requirements by providing a reliable local contact point in the relevant member states.

What We Provide

Local Presence:
We establish your official representative in the EU and/or UK member states where your data subjects reside. This includes a physical office address, local telephone number, and email contact monitored during business hours, ensuring accessibility for supervisory authorities and data subjects.

Communication Facilitation:
Our team manages communications with data subjects and supervisory authorities on your behalf. We handle data subject requests such as access, rectification, and deletion, and cooperate fully with regulatory investigations and enforcement proceedings.

Records of Processing Activities (RoPA):
We assist in creating, maintaining, and updating your Records of Processing Activities, a key GDPR compliance requirement. This ensures that you are prepared for audits and regulatory inquiries.

Multilingual Support:
GDPRLocal.com offers professional translation services, enabling us to receive and respond to communications in multiple languages, making interactions seamless across different jurisdictions.

Expert Guidance:
Our experienced GDPR professionals provide ongoing advice and support to help you understand your obligations under Article 27 and maintain compliance with evolving data protection laws.

Benefits of Choosing GDPRLocal.com

• Coverage across all 27 EU member states and the UK
• Experienced and dedicated GDPR representatives
• Transparent and straightforward service agreements
• Support tailored to your industry and organisational needs
• Reliable partner for regulatory compliance and risk mitigation

By appointing GDPRLocal.com as your GDPR Article 27 representative, your organisation gains a trusted local presence that safeguards your operations and fosters confidence among EU and UK data subjects and regulators.

Conclusion

Determining whether your organisation needs a GDPR Article 27 representative requires careful analysis of your business location, processing activities, and data subject targeting. Non-EU/UK entities offering goods or services to European residents or monitoring their behaviour typically must appoint such a representative to ensure compliance with data protection obligations.

The appointment process involves more than simply naming a contact person. You need a qualified representative established in the relevant member states, with appropriate expertise to facilitate communication with supervisory authorities and handle data subject requests effectively. Professional representation services typically cost €2,000-€10,000 annually, while non-compliance can result in fines up to €10 million.

Take action now if your organisation processes personal data of EU or UK residents without an established presence in these jurisdictions. Begin by assessing your specific requirements using the criteria outlined in this guide, then research qualified representatives in your target member states. Remember that you have only 30 days from the start of processing activities to complete the appointment process.

The enforcement landscape continues to evolve, with supervisory authorities increasingly focused on Article 27 compliance. Organisations that proactively address these requirements position themselves for successful long-term operations in the European market while avoiding costly penalties and operational disruptions.