Exemptions from GDPR Representation
The General Data Protection Regulation (GDPR) mandates that non-EU companies appoint a GDPR representative if they offer goods or services to individuals in the EU or monitor the behavior of EU residents. However, there are exemptions to this requirement. Here’s a breakdown to help you determine if you need a representative:
Exempt Organisations:
- Public Authorities: Public bodies established in the EU generally don’t require a GDPR representative. However, this can vary depending on the specific activities of the public authority.
- Occasional, Low-Risk Processing: If your data processing activities are:
- Occasional: Not a core function of your business and happen infrequently.
- Low-Risk: Unlikely to pose a significant risk to the rights and freedoms of individuals.
- Limited Special Category Data: Don’t involve large-scale processing of special category data (e.g., race, health information).
- Limited Criminal Offense Data: Don’t involve large-scale processing of criminal offense data.
If you’re unsure whether you fall under the exemption or need a GDPR representative, our team of experts is here to guide you. We have extensive experience assisting a wide range of clients, including:
- Private Healthcare Organisations
- Small Charities
- E-commerce Businesses
- Marketing Agencies