DPO or EU/UK Representative: Which One Do You Need?
Two of our recent clients had the same question. One needed a DPO. The other needed an EU Representative. Both are official appointments under GDPR, but they are not the same thing, and getting this wrong can leave your business exposed.
Here is how to tell them apart.
Are they not the same thing?
Not quite. Both roles exist under GDPR, but they serve different purposes and come with different responsibilities. A DPO focuses on internal compliance. An EU/UK Representative is your external point of contact for regulators and individuals.
We covered the DPO role in more detail in our post on the Telenor case. This post focuses on the distinction between the two roles.
When do you need a DPO?
You are likely required to appoint a Data Protection Officer if your company:
processes large amounts of personal data as a core activity
deals with sensitive data categories (health records, biometric data, ethnicity, criminal records, and similar)
carries out processing activities that are likely to result in a high risk to individuals, such as certain uses of AI or health tech
This applies regardless of where your company is based. A US-based company processing large amounts of health data about EU residents may need a DPO just as much as a Belgian company does.
When do you need an EU/UK Representative?
If you offer products or services to people in the EU or the UK, or if you monitor their behaviour, but you have no physical presence there, you are likely required to appoint a Representative.
The key difference here: it is about location, not about the type of data you process. Your Representative acts as the official point of contact for individuals and supervisory authorities in the EU or UK.
What do they actually do?
DPO: Think of the DPO as your internal GDPR advisor. They work independently, advise your teams, handle communication with authorities and data subjects, and keep your compliance programme on track.
EU/UK Representative: This person or organisation represents your company externally. They are your official point of contact for privacy authorities and individuals in the EU or UK. They maintain your Records of Processing Activities and need to be ready to produce them if a regulator comes asking.
Who can take on these roles?
DPO: The DPO must be able to act independently within your company. That means they need to speak up about risks, even when it is inconvenient, and they must have solid GDPR knowledge.
EU/UK Representative: There are no strict qualification requirements, but given the responsibilities involved, choosing someone with GDPR expertise is the sensible approach.
Bottom line
The DPO and the EU/UK Representative may sound similar, but they are not interchangeable. The DPO must be independent. The EU/UK Representative literally represents your company to the outside world.
If you are required to appoint both, it is best practice to choose two different people or organisations. Combining the roles in one person creates a conflict of interest.
Worth a quick check
Even if you are not sure whether the above applies to your business, it is worth asking yourself:
Are your internal roles clearly defined, without accidental overlap?
Do you have all the appointments you are required to have, and nothing more than necessary?
Could your international plans be triggering obligations you have not yet considered?
If any of these questions give you pause, we are happy to help you think it through: Get in touch
We take great care in providing information to you, but please be aware of the fact that these blogposts can not be considered a substitute for professional legal advice, nor do they create an attorney-client relationship.