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EU Legal Representation for Chinese Companies

Your EU Legal Representative — AI Act, EUIPO Trade Marks and GDPR Compliance

Chinese companies marketing products or services in the European Union need an authorised representative. A2 covers AI Act (Art. 22), GDPR (Art. 27) and EUIPO trade marks from Madrid: a single contact for all 27 member states, fully managed in English.

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Why Chinese Companies Choose A2 as Their EU Legal Representative

China is the European Union's largest trading partner (€738 bn annually, Eurostat 2023). Chinese companies that market in Europe — digital platforms, manufacturers, AI companies or e-commerce operators — are subject to the AI Act, GDPR and EUIPO trade mark rules. A2 covers all three frameworks from a single representation relationship.

  • AI Act Representative (Art. 22) — Mandatory for AI system providers in the EU
  • EUIPO Trade Mark Registration — Protection in all 27 member states with one application
  • GDPR Representative (Art. 27) — For apps and platforms with EU users
  • Everything managed in English — No language barriers in complex legal matters
  • One representative for all EU — No need for country-by-country representatives
  • Top 25 before EUIPO in Spain — Expertise in tech and e-commerce IP strategy

The European Legal Framework for Chinese Companies

The EU-China commercial relationship requires Chinese companies to comply with three major European regulatory frameworks:

  • AI Act (EU Regulation 2024/1689) — AI systems with EU presence require an Art. 22 representative if the provider is not established in Europe. Fines of up to 7% of global annual turnover or €35 million.
  • GDPR (EU Regulation 2016/679) — Apps, platforms and services processing EU citizens' data require an Art. 27 representative. Fines of up to 4% of global annual turnover or €20 million.
  • EUIPO Trade Marks — Without EU trade mark registration, a Chinese company cannot prevent unauthorised use of its brand in Europe or demonstrate priority against third parties.

A2 covers all three frameworks from a single representation relationship, reducing costs and simplifying compliance.

China and the European Digital Regulatory Framework

China is the European Union’s largest trading partner with an annual trade volume of €738 bn. Chinese companies that access the European market — through digital platforms, product exports or direct investment — are subject to the world’s most demanding regulation on artificial intelligence, data protection and intellectual property.

Chinese sectors with highest EU regulatory exposure:

  • Technology & AI — Providers of AI systems (facial recognition, NLP, algorithmic recommendations, computer vision) subject to the AI Act. China has over 340 unicorns (Hurun Global Unicorn Index 2024) and a funded startup pool of more than 16,000 companies (Dealroom, 2024).
  • E-commerce — Platforms with EU users subject to GDPR and the Digital Services Act (DSA)
  • Consumer electronics — Device manufacturers with AI components that must comply with CE marking and the AI Act
  • Fintech & payments — GDPR, PSD2 and crypto-asset regulation (MiCA) obligations
  • Gaming & entertainment — Trade mark protection, copyright and GDPR compliance for European users

Chinese institutional framework of reference:

  • CNIPA (China National Intellectual Property Administration) — China’s intellectual property office. Chinese trademarks are registered with CNIPA (application fee of CNY 270 per class in electronic format; 10-year renewable term). Foreign applicants in China must act through an authorised Chinese trademark agent. For protection in Europe, additional registration with EUIPO or via the Madrid System is required.
  • No EU-China FTA — Unlike Japan, Mexico, Peru or Colombia, there is no free trade agreement between the EU and China. Bilateral trade is governed by WTO rules and the 1985 EEC-PRC Trade and Economic Cooperation Agreement. The Comprehensive Agreement on Investment (CAI), concluded in principle in December 2020, has not entered into force and has been on hold since May 2021.
  • Independent regulatory compliance — The absence of an FTA does not exempt Chinese companies from complying with the AI Act, the GDPR or registering trade marks with EUIPO. EU regulations have extraterritorial effect and apply regardless of the bilateral trade framework.

Featured Services

AI Act Representative (Art. 22)

Designation as authorised representative before national AI supervisory authorities in all 27 member states. Coverage for high-risk AI systems (biometrics, recruitment, credit scoring) and GPAI models. Management of technical documentation required by EU Regulation 2024/1689.

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EU Trade Mark (EUIPO)

Trade mark registration and defence before EUIPO across all relevant classes. Essential for Chinese technology, e-commerce and consumer goods companies operating in Europe. Prior art searches, opposition management and register maintenance.

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GDPR Representative (Art. 27)

Representation before European data protection authorities (AEPD and other DPAs) for Chinese companies processing EU citizens' data. Includes external DPO, management of rights requests and data breach notifications.

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Product Regulatory Compliance

Adaptation of physical and digital products to CE marking requirements, product safety directives and the AI Act. Technical documentation, conformity assessments and CE declarations for legal commercialisation in the EU.

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Frequently Asked Questions

Which Chinese companies are required to designate an AI Act representative in the EU?

Any Chinese company that markets in the EU AI systems classified as high-risk (biometric identification, employment AI, credit scoring, critical infrastructure AI, educational systems, medical AI) or general-purpose AI (GPAI) models trained with more than 10^25 FLOPs. The obligation is triggered by the fact that the system is used or has effects in the EU, regardless of where the provider is established.

When does a Chinese company need a GDPR representative in Europe?

When the company offers goods or services to people in the EU (even for free) or when it monitors the behaviour of people in European territory. This includes e-commerce apps, social media platforms, games, AI services, fintech and any SaaS platform with EU users. Physical establishment in Europe is not required for GDPR to apply.

Can A2 register a Chinese company's trade mark before EUIPO?

Yes. We handle EU Trade Mark registration before EUIPO for Chinese companies: prior art searches in European databases, drafting and filing of the application, management of examiner observations and any third-party oppositions. The typical process takes 6 to 8 months without oppositions.

What is the difference between the AI Act representative and the GDPR representative?

They are two separate roles with different legal bases. The AI Act representative (Art. 22 of EU Regulation 2024/1689) acts before national AI supervisory authorities when the provider has no EU establishment. The GDPR representative (Art. 27 GDPR) acts before data protection authorities for companies processing EU data from outside the EEA. A2 can take on both roles, simplifying all European compliance management.

What happens if a Chinese company fails to designate an AI Act or GDPR representative?

Non-compliance with the AI Act can result in fines of up to €35 million or 7% of global annual turnover, and a ban on marketing the AI system in the EU. Non-compliance with GDPR can result in fines of up to €20 million or 4% of global annual turnover. Both regulations have extraterritorial effect: they apply regardless of where the company is established.

Is China the largest non-EU source of EUIPO trade mark applications?

Yes. China is consistently the largest non-EU source of EU Trade Mark applications before EUIPO, surpassing the US, Switzerland and the UK. This reflects the growing presence of Chinese companies in the European market and the importance of trade mark protection as a strategic asset for international expansion.

How long does it take to formalise the AI Act representative appointment?

The designation is formalised through a representation agreement between A2 and the AI system provider, and a declaration communicated to the relevant national authorities. The process can be completed in 2 to 4 weeks from confirmation of the engagement, including review of the AI system and preparation of the initial documentation.

What is EUIPO?

EUIPO (European Union Intellectual Property Office) is the European agency based in Alicante that manages EU Trade Mark and Community Design registrations. A single EUIPO registration protects the trade mark in all 27 EU member states. Registration is especially critical for Chinese companies, as the European market is one of the main export destinations and trade mark registrations are necessary for defence against imitation and legal distribution.

Contact

If you want to talk about intellectual property protection, AI and data regulation, startup formation or international expansion, write us a few lines and schedule a conversation with the team.

A2 Estudio Legal
María de Molina, 41
28006 Madrid · Spain

Tel: +34 913 451 406
Email: info@a2estudiolegal.com

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