legal notices - procurement procedures
PROTECTION OF YOUR PERSONAL DATA
This privacy statement provides information about the processing and the protection of your personal data.
Processing operation: Procurement procedures, contract execution and calls for expression of interest
Data Controller: Publications Office of the European Union, unit D.2, "Contracts and Copyright"
Record reference: DPR-EC-00496
Table of Contents
- Why and how do we process your personal data?
- On what legal ground(s) do we process your personal data?
- Which personal data do we collect and further process?
- How long do we keep your personal data?
- How do we protect and safeguard your personal data?
- Who has access to your personal data and to whom is it disclosed?
- What are your rights and how can you exercise them?
- Contact information
- Where to find more detailed information?
The European Commission (hereafter ‘the Commission’) is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (repealing Regulation (EC) No 45/2001).
This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights, the Data Protection Officer and the European Data Protection Supervisor.
The information in relation to processing operation Procurement procedures, contract execution and calls for expression of interest undertaken by unit D.2, "Contracts and Copyright" of the Publications Office of the European Union (hereafter ‘the Publications Office’) is presented below.
2. Why and how do we process your personal data?
Purpose of the processing operation: Unit D.2, "Contracts and Copyright" of the Publications Office collects and uses your personal information to process and evaluate applications or tenders sent by companies or individuals in reply to procurement procedures launched by the Publications Office, as well as for the execution of the subsequent contracts.
Your personal data will not be used for an automated decision-making including profiling.
3. On what legal ground(s) do we process your personal data
We process your personal data, because:
(a) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Union institution or body;
(b) processing is necessary for compliance with a legal obligation to which the controller is subject;
(c) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(d) the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
Legal basis for the processing:
- Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 in the financial rules applicable to the general budget of the Union;
- Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union.
4. Which personal data do we collect and further process?
In order to carry out this processing operation unit D.2, "Contracts and Copyright" of the Publications Office collects the following categories of personal data:
- Name, surname, email address, work address and telephone number of the responsible staff at a tendering company/expert.
- Depending on the type of desired services, data may include the following personal data of their staff or subcontractors' staff:
- Name and surname, nationality, languages spoken, education, certifications, years and type of knowledge and professional experience.
The provision of personal data is mandatory to meet the statutory requirements laid down in the Financial Regulation. If you do not provide your personal data, possible consequences are that you cannot participate in the procurement procedures.
5. How long do we keep your personal data?
Unit D.2, "Contracts and Copyright" of the Publications Office only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for 5 years in the case of unsuccessful tenderers, and in the case of successful tenderers 10 years from the last payment made under the contract.
6. How do we protect and safeguard your personal data?
All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored on the servers of the European Commission. All processing operations are carried out pursuant to the Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission.
In order to protect your personal data, the Commission has put in place a number of technical and organisational measures in place. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation.
7. Who has access to your personal data and to whom is it disclosed?
Access to your personal data is provided to the Commission staff responsible for carrying out this processing operation and to authorised staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements.
Internal recipients of the data:
Staff of the Publications Office of the European Union, and in some cases of other EU institutions, bodies or agencies for which the Publications Office is a service provider; in some cases, EU-internal audit services.
External recipients of the data:
In some cases, external experts and contractors participating in the evaluation of tenders; staff of the contractor who need to have access to personal data for performance, management and monitoring of the contract.
Tender awards are published on Tenders European Daily (Supplement S of the Official Journal of the European Union).
The information we collect will not be given to any third party, except to the extent and for the purpose we may be required to do so by law.
8. What are your rights and how can you exercise them?
You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access, rectify or erase your personal data and the right to restrict the processing of your personal data. Where applicable, you also have the right to object to the processing or the right to data portability.
You have the right to object to the processing of your personal data, which is lawfully carried out pursuant to Article 5(1)(a).
You have consented to provide your personal data to unit D.2, "Contracts and Copyright" of the Publications Office for the present processing operation. You can withdraw your consent at any time by notifying the Data Controller. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.
You can exercise your rights by contacting the Data Controller, or in case of conflict the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below.
Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request
9. Contact information
- The Data Controller
If you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller, unit D.2, "Contracts and copyright" of the Publications Office.
- The Data Protection Officer (DPO) of the Commission
You may contact the Data Protection Officer (DATA-PROTECTION-OFFICER@ec.europa.eu) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725.
- The European Data Protection Supervisor (EDPS)
You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor (firstname.lastname@example.org) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the Data Controller.
10. Where to find more detailed information?
The Commission Data Protection Officer (DPO) publishes the register of all processing operations on personal data by the Commission, which have been documented and notified to him. You may access the register via the following link: http://ec.europa.eu/dpo-register.
This specific processing operation has been included in the DPO’s public register with the following Record reference: DPR-EC-00496.