GDPR News » GDPR and UK GDPR Representative Liability: Why the Rules Differ Between the EU and the UK

For organisations based outside Europe, appointing an EU or UK representative under Article 27 GDPR or UK GDPR is often treated as a straightforward compliance step. In practice, however, the legal exposure of a representative can vary significantly depending on the jurisdiction.

This distinction matters. A company operating across Europe may assume that the role of a representative is identical everywhere, while enforcement authorities and courts may see it very differently.

What Is an Article 27 Representative?

Under the EU GDPR and the UK GDPR, organisations established outside the relevant territory may need to appoint a local representative if they:

• offer goods or services to individuals in the EU or the UK; or
• monitor the behaviour of individuals in the EU or the UK.

The representative acts as a local point of contact for supervisory authorities and individuals.

What is often misunderstood is whether the representative can also be held legally responsible for the actions of the non-EU organisation.

The UK Approach: A Limited Role

In the UK, courts have supported a relatively narrow interpretation of the representative’s role.

The High Court decision in Sanso Rondón v LexisNexis Risk Solutions UK Ltd confirmed that a UK representative is primarily intended to function as a communication channel rather than as a substitute defendant for GDPR liability.

In practical terms, this means:

• the non-EU organisation remains responsible for compliance;
• the representative facilitates communication with regulators and data subjects; and
• appointing a representative does not transfer accountability.

This interpretation gives non-UK organisations greater clarity regarding the limits of representative exposure.

Spain’s Approach: Broader Exposure for Representatives

Spain takes a more expansive approach.

Under Article 30(2) of Spain’s Organic Law 3/2018 (LOPDGDD), an EU representative may face joint and several liability alongside the non-EU organisation it represents.

While the GDPR itself does not explicitly state that representatives assume liability for controller or processor obligations, Spain’s national framework increases the practical enforcement risk for representatives operating there.

As a result, supervisory authorities in Spain may use the representative as an accessible local enforcement contact and may seek to rely on the Spanish Organic Law on Data Protection to hold the representative jointly and severally liable with the overseas company.

Why This Difference Matters

For organisations operating across multiple jurisdictions, these differences are not theoretical.

They affect:

• how representative agreements should be drafted;
• incident escalation procedures;
• regulator communications;
• breach response workflows; and
• operational risk allocation.

What Organisations Should Do

Companies relying on an EU or UK representative should ensure that their appointed representative should be more than a mailbox. The role requires structured communication, reliable response management, and clear governance.

How EDPO Supports International Organisations

EDPO provides EU and UK representative services designed for organisations operating across multiple jurisdictions.

Our approach combines legal expertise with operational infrastructure, including:

• multilingual support for regulator and data subject communications;
• secure handling of requests and documentation;
• structured workflows;
• ISO 27001-certified security standards; and
• transparent, all-inclusive service models.

The objective is simple: helping organisations meet their Article 27 obligations while maintaining clear accountability boundaries.