Controllers and processors are exempt from the requirement to have a representative if all of the following criteria are met:
- Personal data is only processed occasionally (this is expected to be interpreted narrowly).
- The processing does not include large-scale data processing of special categories of personal data or personal data relating to criminal convictions and offences.
- The processing is unlikely to result in a risk to the rights and freedoms of the data subject.
Note that in practice it would be difficult for a business to claim that personal data is processed ‘occasionally’ as according to European Data Protection Board’s guidelines* occasionally means that it may happen more than once, but not regularly, and would occur outside the regular course of actions.
*https://www.edpb.europa.eu/sites/default/files/files/file1/edpb_guidelines_2_2018_derogations_en.pdf