If your tech or digital business works with customers in Europe, understanding the roles of the data protection representative and the data protection officer under the General Data Protection Regulation (GDPR) is essential. These two roles are not interchangeable and confusing them can lead to missed obligations or unnecessary complexity.
This article explains the key differences in clear, practical terms — especially for startups, software companies, SaaS providers, and other digital businesses looking to stay compliant and build trust in the European market.
GDPR Compliance
The GDPR sets the standard for how personal data is handled and protected across the European Union (EU). If your company is based outside the EU but offers services to people in the EU — or monitors their behavior online — then GDPR likely applies to you.
Two roles are especially relevant in this context:
- The data protection representative, who acts as your official contact point in the EU.
- The data protection officer, who advises your business internally on privacy risks and compliance.
Knowing who does what — and whether you need one or both — is a key step in meeting your GDPR obligations without unnecessary effort or expense.
The Role of a Data Protection Representative
If your company is based outside the European Union and processes personal data of people inside it, GDPR requires you to appoint an EU representative.
This representative must be located in an EU member state and is responsible for being your point of contact for:
- Individuals (data subjects) who want to exercise their rights under GDPR.
- Supervisory authorities (EU data regulators) who may have questions or concerns.
They also help maintain access to your records of processing activities if those are requested.
The representative does not manage your internal compliance program. They don’t advise on legal risks or assess your data security. Their role is to ensure you’re reachable from within the EU — a practical, low-friction way to stay compliant if you’re operating across borders.
This requirement applies to a wide range of businesses, including:
- SaaS platforms used by EU customers
- eCommerce stores shipping to the EU
- Mobile apps with users based in the EU
- Ad tech and analytics platforms tracking user behavior
If any of those sound like you, then you almost certainly need a GDPR representative.
The Role of a Data Protection Officer
A data protection officer, in contrast, is someone your business appoints internally (or hires externally) to oversee how you manage personal data. This role is required if your organization:
- Regularly and systematically monitors individuals at scale
- Processes large volumes of sensitive personal data
- Is a public authority or body
The officer’s job is far broader than that of the representative. They advise on compliance, review data processing activities, help carry out data protection impact assessments, and act as a key contact for the regulator — but from within your organization, not outside it.
Most importantly, the officer must act independently. They report to senior leadership but cannot be told what to say or how to act when advising on data protection issues. That independence ensures their guidance is based on what is right under the law, not just what is convenient for the business.
Key Differences Between Representative and Officer
To put it simply:
- The representative is your external face in the EU. They forward messages and make you reachable.
- The officer is your internal advisor. They shape policy and influence decisions.
One is legally required when you’re outside the EU and dealing with EU data. The other is required when your processing activity crosses certain thresholds of risk, volume, or sensitivity.
Some businesses need both. Others need just one. The key is understanding your scope of activity and your position in the market.
Why Our Data Protection Representative Services Matter
At Kanto, we support fast-moving tech and digital businesses that want to stay ahead of GDPR without being slowed down by it. If you’re based outside the EU but have users, customers, or analytics within it, you need a GDPR-compliant representative — and you need one who understands your business, not just the law.
Our data protection representative service includes:
- A physical presence in the EU
- A named point of contact for regulators and individuals
- Ongoing availability to forward communications and regulatory requests
- Support with maintaining access to required GDPR documentation
We won’t overstep into areas you don’t need. But we will make sure your EU-facing obligations are covered — clearly, professionally, and in a way that supports your growth.
Whether you need a data protection officer, a data protection representative, or a conversation to help you decide — we’re here to help. Get in touch with us today or a free 20-minute discussion to find out more about our tailored GDPR services for tech and digital businesses.
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