Deutsch:
DSGVO: Haftung des Vertreters ausländischer Unternehmen weiter
präzisiert
The European Data Protection Board (EDPB) has further clarified
the liability risk profile of the Representative in its recently
adopted guidelines, addressing the tasks and possible
liability of the Representative. Pursuant to the GDPR, non-EU
companies must designate a Representative if they are not based in
the EU but process personal data of data subjects in the EU for the
purposes of offering goods or services or monitoring their
behavior.
Contrary to previous statements, the EDPB comes to the
conclusion that the Representative cannot be liable or be subject
to administrative fines for infringements committed by the
companies it represents. However, the Representative shall be
liable for its own misconduct, the EDPB states. It remains unclear
whether this only means that the Representative can be liable for
damages or whether it may also be subject to administrative
fines.
