Do I need an Article 27 Representative? Understanding Your GDPR Obligations in 2024

Article 27 of the General Data Protection Regulation (GDPR) remains one of its most misunderstood requirements, even as we move into 2024. This article is a crucial part of your GDPR compliance, especially if your business operations fall outside the European Union (EU) or the United Kingdom (UK) but involve processing data from these regions.

What is an Article 27 Representative?

Article 27 is one of GDPR’s most mis-understood requirements. Just like the other 98 articles, Article 27 forms part of your overall GDPR position and is part of your legal obligation. In essence, Article 27 mandates that if you are based outside the EU and do not have an entity within the EU, yet you process data of EU citizens, you must appoint a representative within the EU. This representative acts as your Article 27 Representative. The same principle applies to the UK following its exit from the EU; if you process data about UK citizens without having an entity in the UK, you need to appoint a representative there. If your data processing activities cover both EU and UK citizens and you lack entities in both areas, you will need to appoint representatives in both territories.

Updated Information Sources for 2024

Where you can find more information about an Article 27 EU Representative ? 

As the digital landscape and data protection regulations evolve, it’s crucial to stay informed with the latest information:

◦ General Article 27 Guidance: For a comprehensive understanding, visit the updated links below or contact us for a discussion. We also offer a self-assessment tool on our website at GDPR Local.

• Article 27 Details: GDPR Article 27
• Recital 80 Insights: GDPR Recital 80
• ICO’s Easy-to-Understand Guide: ICO on European Representatives

Who is an Exempt of Article 27 ?

There’s often confusion about exemptions, particularly regarding ‘occasional’ data processing. Article 49 of the GDPR defines ‘occasional’ as ‘more than once but not repetitive’. Learn more about Article 49.

Additionally, exemptions may apply if your data processing is occasional, poses a low risk to data protection rights, and does not involve large-scale use of special category or criminal offence data. It’s crucial to understand that these exemptions are defined using ‘or’, not ‘and’, making them rarely applicable. For further clarity, refer to the Article 29 Working Party notes.

Staying Compliant in 2024

As we progress into 2024, staying abreast of GDPR requirements is more important than ever. The digital landscape is continually evolving, and with it, the nuances of data protection laws. If you’re uncertain about your obligations under Article 27 or other aspects of GDPR, seeking professional advice is always a prudent step.

Remember, GDPR compliance is not just a legal requirement but also a commitment to respecting and protecting individual data rights. By ensuring compliance, you not only adhere to regulations but also build trust with your customers and partners.

For any further technical queries or to discuss your specific situation, feel free to contact us. We’re here to help you navigate these complex regulations and ensure your business stays on the right side of data protection laws.