The EU legal representative under the Data Governance Act
Providers of data intermediation services referred to in Article 10 that offer those services in the Union but are not established in the Union must designate a legal representative in one of the Member States in which those services are offered (Article 11(3) of Regulation (EU) 2022/868, applicable since 24 September 2023). The same designation duty applies to entities not established in the Union that seek registration as a recognised data altruism organisation (Article 19(3)). Regingada UG (haftungsbeschränkt) takes on this named role under its own representative contract: as the addressee for competent authorities, data subjects and data holders, cooperating with the competent authority and, on request, comprehensively setting out the measures taken and the arrangements made by the client to ensure compliance — but not legal advice.
DGA legal representative service for non-EU data marketplaces, data intermediaries and data altruism organisations offering services in the Union.
Software and designated legal representative: Regingada UG (haftungsbeschränkt) · Legal advice exclusively by: the law firm Theo Funk — separate mandate
Who must designate a legal representative under the DGA
Two groups. First, providers of data intermediation services referred to in Article 10 that offer those services in the Union but are not established in the Union — they must designate a legal representative in one of the Member States in which those services are offered (Article 11(3)). Second, entities that meet the requirements of Article 18 and seek registration as a recognised data altruism organisation but are not established in the Union — they must designate a legal representative in one of the Member States in which the data altruism services are offered, and may then apply for registration in that Member State (Article 19(3)).
The DGA defines the legal representative as a natural or legal person established in the Union, expressly designated to act on behalf of the non-EU provider or entity, and addressable by the competent authorities in matters concerning the registration of data intermediation services and of data altruism organisations (Article 2(21)). The address of the legal representative forms part of the notification for data intermediation services (Article 11(6)(c)) and of the registration application for data altruism organisations (Article 19(4)(e)).
Publication in the registers is not the same for the two. For data intermediation services, the Commission maintains a public register in which the information under Article 11(6)(a), (b), (c), (d), (f) and (g) is published; point (c) is the address — for providers not established in the Union, that is the address of their legal representative. For data altruism, Article 19(6) lists only the information under Article 19(4)(a), (b), (f), (g) and (h) for the relevant public national register; the address (Article 19(4)(e)) is not among them. Article 19(4)(f), however, requires the public website to state at least (a), (b), (d), (e) and (h), so the address becomes public by another route.
The provider or entity is deemed to be under the jurisdiction of the Member State in which the legal representative is located (Article 11(3), Article 19(3)). The designation is without prejudice to any legal action that could be initiated against the provider or entity itself.
The function of the DGA legal representative
The legal representative is mandated to be addressed — on all issues relating to the services provided — by the competent authorities, and by data subjects and data holders, in addition to or instead of the provider or entity (Article 11(3), Article 19(3)). The representative cooperates with the competent authorities and, on request, comprehensively sets out the actions taken and the provisions put in place by the provider to ensure compliance with the Regulation.
- Designated addressee in the Union — for the competent authorities and for data subjects and data holders (Article 11(3) / Article 19(3))
- Documented forwarding — traceable hand-over of authority and stakeholder contact to your organisation, with a clear escalation path
- Compliance account — cooperation with the competent authorities and, on request, a comprehensive account of the measures and arrangements the client has put in place to ensure compliance (Article 11(3) / Article 19(3))
- Disclosure support — the representative's address is stated in the Article 11 notification and in the Article 19 registration application (Article 11(6)(c) / Article 19(4)(e))
Where a provider of data intermediation services not established in the Union fails to designate a legal representative, or where its legal representative fails to provide, on request, the information needed to comprehensively demonstrate compliance, the competent authority may delay the start of the service or suspend the provision of the service until a legal representative is designated or the requested information is provided (Article 14(5)).
Unlike Article 27 GDPR, the representative provision of the DGA is tied to the notification regime for data intermediation services (Articles 10 and 11) and to the registration regime for recognised data altruism organisations (Articles 18 and 19) — the representative is part of your market-entry file, not merely a mailbox.
Three non-EU setups that trigger the DGA designation duty
-
Art. 10 · Art. 11(3)
Non-EU data marketplace
A company incorporated outside the Union operates a data marketplace that establishes commercial relationships between data holders and data users in the Union. As a provider of data intermediation services referred to in Article 10 offering those services in the Union, it must notify the competent authority — and, not being established in the Union, must designate a legal representative in one of the Member States in which it offers the services (Article 11(3)).
-
Art. 11(3) · Art. 11(6)(c) · Art. 14(5)
Non-EU data intermediary scaling into the Union
A non-EU data intermediation platform starts onboarding data holders in the Union. The notification must state, among other things, the address of its legal representative (Article 11(6)(c)). Without a designated representative, the competent authority may delay or suspend the service (Article 14(5)) — the designation belongs at the start of market entry, not at the end.
-
Art. 18 · Art. 19(3)–(4)
Non-EU data altruism organisation
A non-profit research foundation established outside the Union collects data made available for altruistic purposes by people in the Union and seeks the label of a recognised data altruism organisation. It designates a legal representative in the Member State in which the data altruism services are offered and applies for registration there (Article 19(3)); the application states the address of the representative (Article 19(4)(e)).
Frequently asked questions
Who must designate a DGA legal representative?
Providers of data intermediation services referred to in Article 10 that offer those services in the Union but are not established in the Union (Article 11(3)), and entities not established in the Union that seek registration as a recognised data altruism organisation (Article 19(3)). The DGA has applied since 24 September 2023 (Article 38).
In which Member State must the representative be located?
In one of the Member States in which the services are offered (Article 11(3) / Article 19(3)). The provider or entity is then deemed to be under the jurisdiction of that Member State; a non-EU data altruism entity applies for registration there. Regingada UG (haftungsbeschränkt) is established in Germany, so our acting as your legal representative presupposes that your services are (also) offered in Germany — which is usually already the case where your business addresses the Union as a whole.
What does the representative do?
The representative is mandated to be addressed, in addition to or instead of the provider or entity, by the competent authorities and by data subjects and data holders, and cooperates with the competent authorities, on request comprehensively setting out the compliance measures taken (Article 11(3) / Article 19(3)).
What happens if no designation is made?
For data intermediation services, the competent authority may delay the start of the service or suspend the provision of the service until a legal representative is designated (Article 14(5)). For data altruism organisations, the designation is a precondition of the registration route under Article 19(3).
Is the DGA representative the same as our GDPR Article 27 representative?
They are different designations under different regulations, with different addressees and different triggers. The DGA does not prohibit mandating the same organisation for both roles, but each regime requires its own designation — assess them separately.
Is this legal advice?
No. Regingada UG (haftungsbeschränkt) is a software and representation company owned by a German attorney and does not provide legal advice. Legal advice is available from the independent law firm Theo Funk under a separate mandate.
What does it cost?
On request. The fee depends on which role applies to you (data intermediation / data altruism), the expected volume of authority and stakeholder contact, and whether the role is combined with other EU representative duties. This page does not state price figures.
Designate your DGA legal representative.
Start with a scoping check of your DGA status — service classification (Article 10 / data altruism), your Union-offering situation and your establishment status.
In this jurisdiction we take on representative mandates after case-by-case review — the capacity and the admissibility of each mandate are assessed by the law firm.
Contact Regingada — book a representative-service scoping →Legal advice on DGA obligations — Law firm Theo Funk (separate mandate)