Representatives of controllers or processors not established in the United Kingdom
1. Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the United Kingdom.
2. The obligation laid down in paragraph 1 of this Article shall not apply to:
- (a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or
- (b) a public authority or body.
3. [THIS ARTICLE IS INTENTIONALLY LEFT BLANK IN THE UK GDPR]
4. The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller or the processor by, in particular, supervisory authorities the Commissioner and data subjects, on all issues related to processing, for the purposes of ensuring compliance with this Regulation.
5. The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves.
Important note about UK GDPR recitals
Recitals to the GDPR are saved into UK domestic law and apply to the interpretation of the UK GDPR. However, they have not been amended upon saving. This may mean that some recitals are no longer relevant if the corresponding provisions have not been retained in UK domestic law. (Tell me more.)