On the Approval of the Procedure for Registering a Special Representative by the Personal Data Protection Service

 

Order No 20

of the Head of the Personal Data Protection Service

Tbilisi

 

On the Approval of the Procedure for Registering a Special Representative by the Personal Data Protection Service

 

 

In accordance with Article 34(1) and Article 88(4)(d) of the Law of Georgia on Personal Data Protection, I hereby order:

 

Article 1

 

The annexed procedure for registering a special representative by the personal data protection service shall be approved.

 

Article 2

 

This Order shall enter into force on 1 March 2024.

 

 

Head of the Personal Data Protection Service                     Lela Janashvili

 

 

Procedure for Registering a Special Representative by the Personal Data Protection Service

Article 1 – Scope

The Procedure for Registering a Special Representative by the Personal Data Protection Service (the Procedure) shall establish the procedure for registering a special representative of a controller/processor established outside Georgia by the Personal Data Protection Service (the Service) and the attached registration application form of a special representative.

Article 2 – Definition of terms

The terms used in this Procedure shall have the meanings as provided for by the Law of Georgia on Personal Data Protection (the Law).

Article 3 – Obligation of appointing or designating a special representative

1. In the case of processing data using technical means available in Georgia by a controller/processor established outside Georgia, the controller/processor shall be obliged to appoint or designate a special representative in Georgia before processing data using technical means available in Georgia.

2. The obligation provided for by paragraph 1 of this article shall not apply to:

a) a controller/processor established in an EU Member State and subject to the personal data protection procedure applicable in the EU;

b) a controller/processor established in a state with adequate data protection as recognised by the EU.

Article 4 – Language of the procedure related to registering a special representative

1. The procedure related to registering a special representative shall be carried out in a state language. Within the above procedure, any information/documentation shall be provided to the Service in Georgian.

2. If an application or any other document is drafted in a non-state language, the applicant shall be obliged to submit a notarised translation of the application and/or the document within the time limits established by the Service.

Article 5 – Submission of the application and the attached documents

1. The registration application of a special representative and the attached documents shall be submitted to the Service tangibly or electronically, according to the registration application form of a special representative.

2. A controller/processor (an applicant) shall include the following in the registration application form of a special representative:

a) name, surname and personal number of the applicant, and in the case of a legal entity - name, identification number and legal form;

b) contact information (phone number, e-mail address) of the applicant, and actual and legal address;

c) status of the applicant – a controller/processor;

d) name, surname and personal number of a special representative, and in the case of a legal entity - name, identification number and legal form;

e) contact information (phone number, e-mail address) of a special representative, and actual and legal address;

f) information on the field of activities of the controller/processor;

g) information on the technical means for data processing used and available in Georgia, its name and location;

h) information on a person/body (if any) exercising administration/supervision of the technical means used by the applicant and those available in Georgia.

3. The applicant shall attach the following to the application:

a) an identity document of the applicant if the applicant is a natural person, and in the case of a legal entity - a duly certified updated registration document issued by the official body of the respective state;

b) a duly certified statute or other official document confirming the powers of a person acting on behalf of a controller/processor established outside Georgia;

c) an identity document of a special representative if he/she is a natural person, and in the case of a legal entity - a duly certified updated registration document issued by the official body of the state; and in the case of an association of persons with no legal personality - an instrument of incorporation and/or a document certifying their authority;

d) a written agreement or any other kind of written document concluded between the applicant and a special representative on the appointment/designation of the special representative;

e) a duly certified identity document and a document certifying representation of a representative, if the application is submitted by a person provided for by Article 6 of this Law;

f) a receipt confirming the payment of a fine in the case the controller/processor has had a fine imposed in accordance with Article 83 of the Law of Georgia on Personal Data Protection.

Article 6 – Right to representation

1. An applicant shall be authorised to submit an application directly or through a representative.

2. Where an applicant submits an application through a representative:

a) the power of representation (power of attorney) granted by him/her shall be certified by a notary if an applicant is a natural person;

b) if an applicant is a private institution or an individual entrepreneur, the power of representation granted by him/her/it shall be certified by a letter of attorney (a power of attorney) signed by an authorised person reflected in the registration document, or a notarial act, issued by an official body of the respective state.

3. In the case of a submission of an application through a representative, the Service shall be authorised to submit all documents intended for the applicant and refer all issues of record-keeping to the representative, if the application does not suggest otherwise.

Article 7 – Verification of the application and the attached documentation

1. The Service shall verify the application with the attached documentation within 10 working days and decide upon registration, refusal of registration or identification of a shortcoming in the application of a special representative of a controller/processor established outside Georgia.

2. The time limit provided for by paragraph 1 of this article shall start on the working day following the registration.

3. When verifying the compliance of the application with the requirements established by this Procedure, the following circumstances shall be regarded:

a) whether the application is signed by an authorised person;

b) whether the application and the attached documentation are submitted in compliance with Article 4 of this Procedure;

c) whether the application is accompanied by the information/documentation provided for by Article 5(2) and (3) of this Procedure.

4. If the application and/or the attached documentation does not comply with the requirements provided for by paragraph 3 of this article, the Service shall notify any shortcoming to the applicant and determine the time limit for its correction. The said time limit shall start on the working day following the delivery of the written request of the Service to the applicant.

5. The time limit determined for the correction of a shortcoming shall not exceed 5 working days. The Service shall be authorised to extend the time limit for submitting documentation or other information only once, upon the substantiated request of an applicant, but only by not more than 5 working days.

6. The Service shall be authorised to restore the time limit provided for by paragraph 4 of this article if the applicant failed to observe it due to force majeure, illness or other good reason unless the restoration of the time limit affects the rights or legitimate interests of a third party.

7. An applicant shall submit to the Service a written application on the restoration of the time limit provided for by paragraph 5 of this article within 5 working days after the elimination of circumstances indicated in paragraph 6 of this article. The application shall be accompanied by relevant documents certifying the existence of good grounds for the failure to observe the time limit. The Service shall review the application on the restoration of the unobserved time limit within 3 working days after the day of its registration.

8. The running of the time limit determined by paragraph 1 of this article shall cease upon the notification of a shortcoming to the applicant and it shall be restored on the following working day of the submission of the relevant information/documentation.

9. If an applicant does not correct a shortcoming within the time limit determined by paragraph 5 of this article, the application shall be dismissed and the applicant shall be given a written explanation therefor along with the notification of the shortcoming.

10. Information shall not be provided additionally to the applicant regarding the dismissal of the application due to the failure to correct a shortcoming within the time limit determined by paragraph 5 of this article.

11. If an applicant submits incomplete documentation within the time limit determined by the Service for the correction of a shortcoming, the application shall be dismissed and the applicant shall receive a written explanation therefor.

Article 8 – Procedure for requesting and assessing additional information required for the registration of a special representative

1. For the purposes of the registration of a special representative, within the procedure provided for by this Procedure, the Service shall be authorised to request from an applicant and/or a relevant public or private institution/natural person additional information/documentation other than that determined by Article 5(3) of this Procedure.

2. The Service shall determine the time limit for an applicant for the submission of the additional information/documentation, which shall start on the following working day after the delivery of a written request.

3. The time limit established for the submission of the additional information/documentation shall not exceed 10 working days. The Service shall be authorised to extend the time limit for submitting additional information/documentation only once, upon the substantiated written request of an applicant, but only by not more than 10 working days.

4. Based on the substantiated request of an applicant, the Service shall be authorised to restore the time limit provided for by paragraph 3 of this article if the applicant fails to observe it due to force majeure, illness or other good reason, unless the restoration of the time limit affects the rights or legitimate interests of a third party.

5. An applicant shall submit to the Service a written request on the restoration of the time limit he/she failed to observe within 5 working days after the elimination of the circumstances indicated in paragraph 4 of this article. The application shall be accompanied by relevant documents and materials certifying the existence of good grounds for the failure to observe the time limit. The respective structural unit of the Service shall review the application on the restoration of the unobserved time limit within 5 working days.

6. The running of the time limit determined by Article 7 of this Procedure shall cease upon the request of additional information/documentation by an applicant or other relevant person and it shall be restored on the following working day of the submission of the relevant information/documentation.

7. If an applicant cannot submit additional information/documentation within the determined time limit, the application shall be dismissed upon the expiry of the time limit as established by the Service for the submission of additional information/documentation and the applicant shall not receive an explanation therefor.

8. The information/documentation requested in accordance with paragraph 1 of this article and submitted to the Service may, due to its content, become the grounds for refusing the registration of a special representative by the Service.

Article 9 – Adopting a decision by the head of the Service

1. On the basis of the verification by the Service of an application submitted regarding the registration of a special representative and the establishment of compliance with the requirements determined by this Procedure, the head of the Service shall issue an order on the registration of a special representative, and in the case provided for by Article 8(8), the refusal of registration.

2. An order as referred to in paragraph 1 of this article shall include the following:

a) title, date of issue, location and registration number;

b) legal grounds serving as the basis for making a decision;

c) the content of a decision made, legal substantiation and other information if required;

d) procedure for entry into force;

e) information on the right to appeal to court, the name and address of the court and the time limit for appealing;

f) the position, identity and signature of an issuer.

3. Where a decision as provided for by Article 8(8) of this Procedure is made, the order of the head of the Service shall include a substantiation of the refusal of registration of a special representative.

4. An applicant may appeal to court the order of the head of the Service within 1 month of its delivery.

Article 10 – Change of a registered special representative

1. In the case of a change of a registered special representative, a controller/processor shall inform the Service in advance and/or immediately of the planned change to ensure the continuity of the activities of a special representative.

2. In the case provided for by paragraph 1 of this article, the registration of a new special representative shall be carried out in accordance with this Procedure.

Article 11 – Revocation of the registration of a special representative

1. The grounds for the revocation of the registration of a special representative of a controller/processor established outside Georgia shall be:

a) an application of a controller/processor;

b) the termination/annulment of the agreement between the controller/processor established outside Georgia and the person registered as his/her special representative which served as grounds for registering the person as a special representative by the Service;

c) the death of a natural person registered as a special representative, the declaration by a court of such person as deceased or missing, or the recognition of such person as a beneficiary of support, unless otherwise provided for by a court decision on the recognition as a beneficiary of support;

d) the liquidation of a legal person registered as a special representative;

e) the remanding of a special representative in custody in a criminal case, or the existence of a legally effective court judgement of conviction which imposes imprisonment;

f) the termination of data processing by the application of technical means available in Georgia by a controller/processor;

g) the dissolution of an association of persons with no legal personality.

2. An applicant shall inform the Service in writing on the emergence of the grounds provided for by paragraph 1 of this article upon the emergence/notification of such grounds but not later than 3 working days.

3. The registration of a special representative shall be considered revoked upon the emergence of the grounds provided for by paragraph 1 of this article.

Article 12 – Transitional provisions

A controller/processor established outside Georgia who had a special representative appointed/designated before 1 March 2024 shall submit to the Service a relevant application for registration of a special representative in accordance with this Procedure before 1 April 2024.

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                     Annex

 

Application Form for the Registration

of a Special Representative

Name/name and surname		Legal Form		Identification number/personal number

 

Actual address:		Legal address:

 

Telephone number		E-mail

 

		☐ Controller Note ☐ Processor Note
Area of activities Note		Processing data as

 

Evidence: Annex No

Name and surname /Name		Personal number		Actual address:

 

Legal address:		Telephone number		E-mail
Evidence: Note Annex No

Name/name and surname		Legal Form		Identification number/personal number

 

Actual address:		Legal address:

 

Telephone number		E-mail

 

Evidence Annex No

 

Information on Technical Means Available in Georgia for Data Processing

Name of the technical means

 

Location (address) of the technical means

 

Person/body carrying out administration/supervision of the technical means (if any)

 

 

 

 

 

 

 

List of Accompanying Documents

Annex No 1:
Annex No 2:
Annex No 3:
Annex No 4:
Annex No 5:

 

 

Applicant’s signature and date

Applicant's signature	Date

 

 

 

 

 

General Information on the Special Representative

·         In the case of processing data using technical means available in Georgia by a controller/processor established outside Georgia, the controller/processor shall be obliged to appoint or designate a special representative in Georgia before processing data using technical means available in Georgia. A special representative shall be registered in accordance with the procedure established by a normative act issued by the Personal Data Protection Service.

·         A controller shall be granted the right to process data only after the registration of a special representative.

·         A special representative shall be obliged to fulfil a request imposed on him/her/it by the head of the Personal Data Protection Service in accordance with the procedure established by the Law and/or a decision made.

·         A data subject shall have the right to request the implementation of his/her/its rights in respect of a controller/processor registered outside Georgia by a special representative.

·         The appointment of a special representative shall not release a controller/processor registered outside Georgia from an obligation to respond to a request imposed on him/her/it by the head of the Personal Data Protection Service in accordance with the procedure established by the Law and/or a decision made.

·         The obligation to appoint a special representative shall not apply to a controller/processor established in EU Member States and is subject to the personal data protection procedure applicable in the EU.

·         The obligation to appoint a special representative shall not apply to a controller/processor established in a state with adequate data protection as recognised by the EU.

 

If you have a question or a recommendation regarding the application form, please do not hesitate to contact us 

on the number (+995 32) 242 1000 or an e-mail office@pdps.ge