If your company has no offices, branches or other establishment in het European Union (EU), yet conducts business with European customers or suppliers, you have to appoint an independent GDPR Representative in the EU.
Specifically, under the General Data Protection Regulation (GDPR), an EU GDPR Representative is required if you process personal data of European customers in the following contexts:
- You offer goods and/or services to in the EU (irrespective of whether the services are free of charge), or
- You monitor the behaviour of individuals in the EU.
In other words, if you are a retailer, service provider or e-commerce company without an EU office but you regularly serve customers located in the EU, then you need to designate an EU GDPR Representative.
Even if you have no steady revenue stream from the EU customers (free of charge services), it is required to nominate a EU GDPR Representative, to comply with the EU privacy regulations.
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