Is a GDPR Representative Necessary for Selling/Marketing to EU?

Shopify Discussion
1

Hello,

I’m having trouble with finding out any information on this and I’m hoping anyone here can help us. We are considering expanding to the EU, and I can’t find out anything online as to whether or not we need a GDPR representative to be compliant. Does any seller here that sells to the EU and/or runs any ads to EU customers have a GDPR Rep or is this not necessary?

We WILL be targeting users in the EU for ad campaigns as well as selling products to them. I’d appreciate any help that I can get as this is kind of throwing me for a loop at this point lol.

Thank you,
Matthew K.

2

Hi @mattk332 ,

Great question! Yes, under the GDPR, if your company is based outside the EU but you are offering goods or services to individuals in the EU (including running ads targeting EU users), you are required to appoint a GDPR representative within the EU. This representative acts as your point of contact for data protection authorities and individuals in the EU.

The representative can be an individual or a company that has a presence in one of the EU member states where your customers are located. It’s important to note that the GDPR representative is different from a Data Protection Officer (DPO), which is only mandatory in certain cases.

If you’re planning on expanding into the EU, ensuring compliance with GDPR is crucial. Our app, Pandectes GDPR Compliance, helps businesses like yours manage compliance by automating cookie consent and ensuring that your store’s privacy settings align with EU regulations.

Let me know if you need more information or assistance with GDPR compliance!

3

Hi Matthew,

Since you’ll be targeting EU users through ad campaigns and selling to them, you likely do need a GDPR representative if you don’t have a physical presence in the EU. Under Article 27 of the GDPR, non-EU businesses processing personal data of individuals in the EU—especially for marketing or sales—are required to appoint an EU-based GDPR representative. This representative acts as your point of contact for EU authorities and customers regarding data privacy matters.

Many businesses partner with compliance firms to handle this requirement, and you should ensure any provider is reputable. If you also need product compliance services for EU expansion, EaseCert (https://easecert.com/) offers regulatory support, though GDPR representation would typically be handled by specialized data protection firms.

Hope that helps! Let me know if you need further clarification.

Best,

Chris