Brexit stands for British Exit, the moment the United Kingdom officially left the European Union. While the political change is clear, the legal and regulatory consequences are still confusing for many UK businesses, especially when it comes to GDPR compliance.

A common question we hear is:

“Do UK companies still need an EU GDPR Representative after Brexit?”

The short answer is yes, in many cases the requirement still applies.

Why GDPR still matters for UK companies

After Brexit, the UK became a third country under EU law. This means UK companies are now treated the same as US, Canadian, or Asian companies when it comes to EU data protection rules.

If your UK-based business:

• sells to customers in the EU
• collects personal data from people in the EU
• tracks EU users through cookies, analytics, or ads

then EU GDPR can still apply to you, even if your company is fully based in the UK.

And when EU GDPR applies and you don’t have a legal presence inside the EU, Article 27 of GDPR requires you to appoint an EU GDPR Representative.

What is an EU GDPR Representative?

An EU GDPR Representative acts as your official GDPR contact point inside the European Union.

If your business does not have:

• an EU office
• an EU subsidiary
• an EU branch

you must appoint a representative to ensure EU regulators and individuals can reach your company.

Your EU GDPR Representative:

• communicates with EU Data Protection Authorities
• handles GDPR-related enquiries and complaints
• receives official notices on your behalf
• ensures your company is reachable under EU law

Many businesses choose a specialist GDPR Representative service like EU Presence instead of appointing an individual, because it provides structured processes, coverage across the EU, and ongoing compliance support.

When is an EU GDPR Representative required?

You typically need an EU GDPR Representative if all three of the following apply:

1. Your company is based outside the EU (including the UK post-Brexit)
2. You process personal data of people in the EU
3. You do not have a legal presence in any EU country

This often applies to UK companies that:

• sell products or services to EU customers online
• run SaaS platforms used by EU users
• collect names, emails, IP addresses, or payment details
• use cookies, pixels, or analytics tools targeting EU users
• run ads or marketing campaigns aimed at EU markets

The goal is simple:
The EU wants a reliable, local contact point for GDPR matters and that requirement did not disappear with Brexit.

Common GDPR mistakes UK businesses make after Brexit

Many UK companies assume Brexit removed their GDPR obligations. In practice, this misunderstanding creates real compliance risk.

Some of the most common mistakes include:

• Believing GDPR no longer applies
  GDPR can still apply if you target or monitor EU users.
• Thinking a privacy policy is enough
  A policy alone does not replace the need for an EU GDPR Representative.
• Not having an EU-based contact
  Without a representative, regulators may consider your company non-compliant.
• Appointing the wrong “representative”
  A distributor, reseller, or marketplace partner is not an official GDPR Representative under Article 27.

These mistakes often only become visible when:

• a customer files a complaint
• a regulator reaches out
• a marketplace asks for compliance proof

At that point, fixing compliance becomes urgent and more expensive.

How EU Presence helps UK companies stay GDPR compliant

EU Presence helps UK and non-EU businesses meet their EU GDPR obligations without setting up an EU entity.

We act as your official EU GDPR Representative, providing:

• a legally compliant EU contact point
• structured handling of GDPR enquiries
• secure storage of required compliance documentation
• direct communication with EU Data Protection Authorities
• support before issues arise not only after complaints

We also guide companies on related obligations such as:

• data subject requests
• documentation readiness
• cross-border compliance planning

(While your business remains responsible for decisions like DPIAs, we help you understand when and why they may be required.)

Brexit did not remove the requirement, it changed the category

The obligation to appoint an EU GDPR Representative did not disappear after Brexit.
UK companies are now treated as non-EU businesses under EU GDPR.

If you sell to, track, or process data from people in the EU, having the right representative in place:

• reduces regulatory risk
• builds trust with customers and partners
• avoids last-minute compliance issues

Need help understanding your GDPR obligations?

EU GDPR compliance doesn’t have to be confusing or reactive.

EU Presence helps UK companies stay compliant, reachable, and protected when doing business across EU borders.

If you’re unsure whether you need an EU GDPR Representative or want to get it right from day one, you can contact EU Presence to get clarity and next steps.

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