Companies not established in the European Union (EU) which sell services or goods in the EU or also carry out "tracking" or "profiling" in Europe and thereby collect personal data must appoint a representative based in the EU.
It is important to note that the obligation under Art. 27 (1) GDPR applies both to the controller and to the processor.
According to Article 3, paragraph 2, the controller the processor shall designate a representative in the EU in writing.
Art. 3,( 2) GDPR states:
"This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:
(a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or
(b) the monitoring of their behavior as far as their behavior takes place within the Union. "
We would be pleased to advise your company about our activities as EU representative.