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EU Representative service

EU Representative Service Agreement

This EU Representative Service Agreement (the Agreement) is between Engage Data Consulting BV, a private limited company registered in Amsterdam, the Netherlands under KvK number 82538638 (Engage, we, us), and the customer who appoints us through the EU Representative service sign-up (the Customer, you). It governs our appointment as your Article 27 EU Representative.

1. Scope of the service

Engage acts solely as your Article 27 EU Representative under the GDPR. In that role we act as your named point of contact for EU supervisory authorities and for data subjects, as named in your privacy policy. We carry out the EU Representative function and nothing more under this Agreement.

2. Customer obligations

  • Accurate information. You provide complete and accurate information about your organization and your processing, and you keep that information current.
  • Accuracy warranty. You warrant that the information you give us at sign-up and during the appointment, including your company's legal name and details, your company size, and whether you process special-category data, is true, accurate, and complete. We rely on this information, including to set the correct fee for your plan. If any of it is, or becomes, materially inaccurate or misleading, we may correct the fee for future billing cycles, suspend the service, or terminate it.
  • Your own compliance. You remain responsible for your own GDPR compliance. You perform your own compliance work; we do not perform it for you under this Agreement.
  • Records of processing. You give us access to, and keep current, your record of processing activities under Article 30 (your RoPA), so it can be made available on request where applicable.

3. Role limits

For the avoidance of doubt, under this Agreement:

  • Engage is not your Data Protection Officer (DPO).
  • Engage is not a controller or a processor of your personal data.
  • Engage does not provide compliance, legal, or regulatory advice.

Under EDPB Guidelines 3/2018, the same entity cannot act as both the Article 27 EU Representative and the DPO for the same client. Where you need a DPO, we will refer a suitable partner so the two roles stay independent.

4. Service level

We acknowledge and forward communications from supervisory authorities and from data subjects no later than the next working day after we receive them. Where you have the Senior-Led add-on, we acknowledge and forward them the same business day. This service level is subject to reasonable use and does not apply to communications that are unlawful, abusive, or outside the scope of the Article 27 EU Representative function.

5. Fees and renewal

Fees are as set out in the plan you select at sign-up, including any add-ons. Fees are billed in advance for each billing cycle, each year for annual plans and each month for monthly plans. The subscription renews automatically at the end of each cycle unless it is cancelled, and either party may cancel in line with the Term and termination clause. Fees are non-refundable except where a refund is required by law. We may change the fees for a future cycle by giving you prior notice before that cycle begins. If fees are not paid when due, we may suspend or withdraw the appointment after giving you notice.

6. Liability

Engage's total aggregate liability arising out of or in connection with this Agreement is capped at the lower of (a) the fees you paid to us in the twelve months before the event giving rise to the liability, or (b) €1,000,000. Engage is not liable for indirect or consequential loss. Nothing in this Agreement limits liability that cannot be limited under applicable law.

7. Customer indemnity

You indemnify Engage against third-party claims, regulatory proceedings, fines, and losses, including reasonable legal costs, arising from your processing of personal data or from your breach of your obligations under this Agreement. This reflects that, under Recital 80 of the GDPR, an EU Representative can be subject to enforcement action in respect of the non-compliance of the company it represents. This clause does not require you to indemnify Engage for loss caused by Engage's own breach of this Agreement or its own negligence.

8. Engage's data handling

To perform the EU Representative function, Engage processes only the limited personal data needed for that purpose: your contact details and the correspondence we relay between you, supervisory authorities, and data subjects. Engage is not a processor of your broader personal data under this Agreement and does not access, host, or process the personal data you hold about your own users beyond what is described here. Each party handles that limited personal data in line with applicable data protection law.

9. Confidentiality

Each party keeps the other party's confidential information confidential and uses it only to perform this Agreement. This does not apply to information that is or becomes public through no breach of this Agreement, that a party already held without a duty of confidence, or that a party is required to disclose by law or to a supervisory authority.

10. Acceptable use

You warrant that your processing of personal data is lawful. Engage may suspend or terminate the service immediately if your use is unlawful, abusive, sanctioned, or fraudulent.

11. Term and termination

Either party may terminate this Agreement on notice to the other. On termination, you must remove Engage as your EU Representative from your privacy policy and from your records within thirty (30) days, and the appointment then ends. Any public verification of the appointment reflects its current status and ends when the appointment ends.

12. Governing law and jurisdiction

This Agreement is governed by the laws of the Netherlands. The courts of Amsterdam have exclusive jurisdiction over any dispute arising out of or in connection with it, without prejudice to any mandatory right you have to bring proceedings in another forum.

13. General

  • Entire agreement. This Agreement is the entire agreement between the parties about its subject and replaces any earlier discussions or agreements about it.
  • Assignment. You may not assign or transfer this Agreement without our prior written consent. Engage may assign or transfer it to an affiliate or to a successor of its business.
  • Severability. If any part of this Agreement is held to be invalid or unenforceable, the rest remains in force.
  • Changes to these terms. Engage may update these terms by giving you notice. Where a change materially reduces your rights, you may cancel in line with the Term and termination clause.
  • Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control.
  • Notices. We give notices to the email address you provide at sign-up, and you give notices to eurep@engagecompliance.co. Notices are treated as received on the next working day after they are sent.

Version: 2026-06-19.