This is a common question, especially for Swiss companies that have only a few B2B clients or contacts in the EU. This article provides the answer – including practical solutions.
Even if your company operates exclusively in the B2B sector and processes only a small amount of non-sensitive personal data from the EU, you are generally required to appoint an EU data protection representative under Article 27 GDPR.
Why This Matters Even for B2B Companies
The European General Data Protection Regulation (GDPR) does not distinguish between B2B and B2C. As soon as you process personal data of individuals located in the EU, the GDPR applies – even if the data consists only of your business partners’ contact details. Such information qualifies as personal data under the GDPR. So, the rules apply even if you don’t process any end-customer data.
The Obligation to Appoint an EU Representative
If a company established outside the EU processes personal data of individuals located within the EU, Article 27 GDPR generally requires the appointment of an EU representative.
Exception: When No EU Representative Is Required
Article 27(2)(a) GDPR provides an exemption from this obligation if:
- The processing is only occasional,
- No sensitive data (e.g., health data, political opinions, biometric data, etc.) or criminal data is processed, and
- The processing is unlikely to result in a risk to the rights and freedoms of the individuals concerned.
While conditions 2 and 3 are often met in B2B contexts, the term “occasional” is interpreted strictly: Processing is only considered occasional if it is not carried out regularly and is not part of the core activities of the company. Unfortunately, the legal exception is not clearly defined, but in many cases the processing is more likely to be considered a core activity than not.
Our Recommendation
If a company wishes to verify whether the exception applies in a specific case, the effort required for a proper legal assessment and documentation typically exceeds that of simply appointing an EU representative.
In practice, implementation involves manageable effort. Even though the risk of a regulatory investigation is relatively low in the B2B sector where limited data is processed, we still recommend appointing a representative – particularly due to:
- Ensuring compliance with legal requirements,
- Reducing unnecessary legal risk, and
- Last but not least, sending a positive signal to business partners in the EU.
Simple and Cost-Effective Implementation
There are various providers who offer EU representation as a service – quickly, efficiently, and at reasonable cost.
Conclusion
If you work with EU contacts, you should appoint an EU data protection representative – also in a B2B setting. The GDPR applies even to minimal data processing. Implementation is straightforward and financially manageable. An EU representative ensures compliance and helps build trust with your EU-based partners.
