A designated representative is NOT required if the controller (or processor) is registered in some way in the Isle of Man or a country within the European Union
- i.e. established as a company, partnership, sole trader, charity etc,.
The only circumstances in which a designated representative is required are if all the following criteria are met:
The controller or processor is established in a country outside the Island or the European Union
- processing personal data of data subjects in the Island: and
- that processing is related to
- the offering of goods or services to such data subjects; or
- the monitoring of their behaviour so far as their behaviour takes place in the Island or European Union;
and the processing:
- is not occasional; and
- includes large scale processing of special category personal data or criminal conviction data; and
- is likely to result in a risk to the rights and freedoms of data subjects, taking into account the nature, context, scope and purposes of the processing.
If a designated representative is required contact details must be provided to the Commissioner. (email details of a designated representative)