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EU Data Act Representative

for companies without an establishment in the EU

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info@dp-dock.com

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The Obligation to Appoint an EU Representative under the Data Act

Like the GDPR, the Data Act has a broad scope of application. Companies without an establishment in the EU may still fall within its scope, particularly if they have to comply with data provisions or data use obligations have an impact on relevant parties in the EU.

According to Article 37 (11-13) of the Data Act, any entity established outside the EU that makes connected products available or offers services in the Unions is required to designate a legal representative established within the EU. This includes, for example, cases where such entities offer their products or services to users in the EU or are contractually engaged with EU-based entities in relation to data access or use.

The appointed representative acts as a point of contact for competent authorities and affected parties within the Union in connection with the obligations under the Data Act.

Failure to appoint such a legal representative constitutes a breach of the Data Act and may lead to sanctions, as determined by the Member States, in accordance with Article 40 Data Act.

Our USP

Advantages

We have extensive expertise in data protection and the realm of digital laws: DP-Dock was founded by two leading data protection lawyers and an experienced IT consultant. We were one of the first companies to offer EU GDPR representative services and aim to support our international clients with respect to other legal obligations as well. We provide assistance regarding the Data Act and other data protection requirements that go beyond the scope of the GDPR.

As experts in European data protection and cybersecurity, we offer comprehensive legal representative services under the Data Act, to companies outside the EU to ensure compliance with the new regulations.

We act as the local point of contact for EU authorities and affected parties in all matters related to the obligations under the Data Act, especially in the areas of data access, sharing, and usage. With our expertise and a keen understanding of regulatory requirements, we assist with communication—particularly with demanding stakeholders and authorities.

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Tasks

Roles & Duties of a EU Data Act Representative

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Our role is particularly important for companies that are not established in the EU but deal with data within the EU, such as by selling connected products or providing related services to EU users, or by sharing or using data from EU citizens. Please understand the scope of Art. 1(3) Data Act. A failure to appoint an EU representative under the Data Act may lead to sanctions imposed by individual Member States.

The EU legal representative under Article 37 of the Data Act has several responsibilities and thus provides various benefits for the company. The legal representative acts as a local point of contact for EU authorities and affected parties, representing the non-EU company with regard to its obligations under the Data Act. The following requirements must be met:

The EU representative must be appointed in writing.
The EU representative acts on behalf of the non-EU company and must therefore have authority to represent.
The legal representative must demonstrate comprehensive evidence of the measures and provisions implemented by the company under the Data Act.
The location of the representative determines the jurisdiction of the Member State applicable to the non-EU company.

Note

Important: Until a legal representative is appointed, your company will be subject to the jurisdiction of all EU Member States.

Feedback

Client feedback about our data protection services

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Customer
(Data Protection Officer: DPO)
Redbubble Inc., 111 Sutter Street, 17th Floor, San Francisco, CA 94104, USA

„DP-Dock brings real value to privacy compliance with their professionalism, responsiveness and depth of experience advising global tech companies operating in Europe.”

Customer
(Data Protection Officer: DPO)
Universal Tennis, LLC, 525 University Avenue, Palo Alto, CA 94301, USA

„DP-Dock is our designated Art. 27 GDPR representative for many years – more recently they are, in addition, our external DPO: a decision we’ve been happy with. Their understanding of global trends in data privacy is remarkable – including the provision of awareness trainings for our employees across the globe.“

Customer
(Data Protection Officer: DPO)
Ottobock SE & Co. KGaA, Max-Näder-Strasse 15, 37115 Duderstadt, Germany

„DP-Dock is our external data protection officer. They work with us in a targeted and trustworthy manner in an environment where we have many locations around the world. We are fully satisfied with their service. They are pragmatic, solution-oriented, qualified and fast when needed."

Contact information

Schedule a free first consultation appointment
with our data protection experts

DP-DOCK GmbH
Ballindamm 39
20095 Hamburg