Terms of Use for EU Representative Service
DPO Europe GmbH
July 30, 2025
1. Parties
These Terms of Use (“Terms”) govern the EU Representative Service (“Service”) provided by DPO Europe GmbH, a company incorporated under German law with its principal office at Auguste-Viktoria-Allee 20A, 13403 Berlin, Germany (“we,” “us,” or “our”), to a non-EU company (“you” or “Client”) pursuant to Article 27 of the General Data Protection Regulation (GDPR).
2. Service Overview
The Service consists of:
- Acting as your EU Representative under Article 27 GDPR after successful qualification.
- Providing our company address and relevant contact information for inclusion in your public-facing Privacy Notice.
- Serving as a communication point with EU supervisory authorities and data subjects and offering other on-demand Active Mode Services when necessary.
3. Onboarding Audit (Required Paid Component)
To ensure that your organization meets the requirements necessary for us to serve as your EU Representative, you agree to undergo an Onboarding Audit prior to the start of representation.
📎 The Onboarding Audit is a mandatory, paid step and includes the submission of a questionnaire and relevant supporting documents.
📎 Payment for the Onboarding Audit must be completed via the payment system linked on our website prior to any review.
4. Audit Outcome Scenarios
Following the Onboarding Audit, there are three possible outcomes:
- Pass – Your company meets the requirements (e.g., maintains a valid RoPA, has a functioning data subject request process).
→ We will initiate the representation service at no further cost. - Minor Deficiencies Identified – The Client’s practices are substantially compliant but contain minor deficiencies that do not prevent the initiation of the Service. In this case, we will provide written recommendations for improvement, and the Client may address these deficiencies without requiring a subsequent audit.
- Critical Gaps Identified – Your company lacks essential elements (e.g., no RoPA, no DSR handling process).
→ You must either:
- Pass – Your company meets the requirements (e.g., maintains a valid RoPA, has a functioning data subject request process).
- Remediate the identified deficiencies and undergo a second Onboarding Audit. A second audit will be offered at a 50% discount if undertaken within three (3) months of the initial audit’s conclusion, or
- Contract with our consulting department under a separate agreement to remediate the compliance gaps.
5. Client Obligations
📎 Timely Provision of Information: The Client agrees to provide a current copy of its Record of Processing Activities (ROPA) upon request within ten (10) business days, and within three (3) business days if the request originates from a supervisory authority. The Client further agrees to respond to any communication from us regarding a data subject or regulatory request within a timely manner, not to exceed five (5) business days.
📎 Information Accuracy: We reserve the right, upon reasonable notice, to request documentation from the Client to verify that the information provided during the Onboarding Audit remains materially accurate. Should a material change be discovered, we may adjust our fees accordingly or require a new audit.
6. Scope and Limitations
📎 Authorized Declaration: The Client may only list DPO Europe GmbH as its EU Representative after receiving written confirmation of a successful Onboarding Audit. Any unauthorized declaration of DPO Europe GmbH as an EU Representative will be considered a breach of these terms. We reserve the right to inform any relevant party, including supervisory authorities, of the absence of a valid representation agreement and to seek compensation for any damages incurred.
📎 Non-Refundable Fee: The initial Onboarding Audit fee is non-refundable regardless of the outcome.
📎 Service Commencement: Representation services commence only after written confirmation from DPO Europe GmbH.
📎 Right to Terminate: We reserve the right to decline or terminate representation if critical compliance gaps are not addressed.
7. Active Mode Services (On-Demand)
Once your company is listed as being represented by us in the EU, we may, upon request or in response to legal/regulatory contact, provide Active Mode Services. These are billed separately on an hourly basis and may include:
📎 Communicating with EU data subjects, auditors, and supervisory authorities.
📎 Updating the Record of Processing Activities (RoPA) and other documentation maintained by the EU representative.
📎 Translating or interpreting official communications or submissions.
📎 Regulatory Inquiries: Should any regulatory action, investigation, or inquiry be initiated by a supervisory authority concerning the Client, the Client agrees to pay a deposit on account, as reasonably determined by us, to cover any anticipated administrative or legal advisory fees before any substantive assistance is provided.
📎 Administrative Tasks: Administrative tasks required due to changes in the Client’s information or failure by the Client to perform its duties may be billed as an Active Mode service at our standard administrative rate.
Active Mode rate: €200/hour (billed monthly with time logs upon request)
The performance of any Active Mode Service is contingent upon the Client’s prior authorization and acceptance of the associated costs.
8. Additional Services
If the audit reveals that your company requires additional documents or processes (such as RoPA creation, DPO-as-a-service, DPIA, LIA, AI impact assessments etc), we may offer these services under a separate agreement.
9. Changes to These Terms
We reserve the right to amend these Terms at any time. Updates will be published on our website and, when applicable, communicated directly to current clients.
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Germany. Any disputes shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
11. Contact Information
DPO Europe GmbH
Auguste-Viktoria-Allee 20A, 13403 Berlin, Germany
Email: [email protected]
Website: https://data-privacy-office.eu/
