1. Context and Controller
As the Commission service collects and further processes personal data, it is subject to Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Processing operations are under the responsibility of the General Director of the Research Directorate-General (DG RTD), acting as Controller, regarding the collection and processing of personal data.
2. What personal information do we collect, for what purpose, under which legal bases and through which technical means?
Types of personal data
Personal data collected and further processed concern the expert, tenderer and its staff or subcontractors (natural persons). Information can relate to the following data:
- Contact details (e-mail address, business telephone number, mobile telephone number, fax number, postal address, company and department, country of residence, internet address);
- Certificates for social security contributions and taxes paid, extract from judicial records;
- Bank account reference (IBAN and BIC codes), VAT number, passport number, ID number;
- Information for the evaluation of selection criteria, personal data contained in CVs: expertise, technical skills and languages, educational background, professional experience including details on current and past employment
- Declaration on honour that they are not in one of the exclusion situation referred to in articles 93 and 94 of the Financial Regulation.
Upon reception of your expression of interest, tender or request to participate by the DG RTD, your personal data is collected and further processed for the purpose of the management and administration of the selection of experts or procurement procedures by Commission services.
The legal bases for the processing operations on personal data are:
- Council Regulation (EC, Euratom) N° 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities "the Financial Regulation", in particular Article 179a for selection of experts;
- Commission Regulation (EC, Euratom) N° 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) N°1605/2002 on the Financial Regulation applicable to the general budget of the European Communities "the Implementing Rules", in particular Article 265a for selection of experts.
Your personal data is provided by submission of your expression of interest or tender. The information is collected in files stored in an isolated secure system. The information is processed by Commission personnel and transferred to Commission systems (as described in point 4.), under the responsibility of the Controller mentioned in the Call for expression of interest or the Invitation to tender..
3. Who has access to your personal data and to whom is it disclosed?
For the purpose detailed above, access to your personal data is given to the following persons, without prejudice to a possible transmission to the bodies in charge of a monitoring or inspection task in accordance with Community law:
- Commission staff as well as outside experts and contractors who work on behalf of the Commission for the purposes of management of the expert selection procedure, the procurement procedure and tender evaluation, and the bodies charged with a monitoring or inspection task in application of Union law (e.g. internal audits);
- Members of the public: In case you are awarded a contract by the Commission, your personal data will be made public, in accordance with the Commission's obligation to publish information on the outcome of the procurement procedure and on the beneficiaries of funds deriving from the budget of the European Community (Article 90 and Article 30(3) of the Financial Regulation, respectively). The information will concern in particular your name and address, the amount awarded and the name of the project or programme for which you are awarded a contract. It will be published in supplement S of the Official Journal of the European Union and/or on the website of the Commission. Additionally, selected experts are listed in the Register of Expert Groups of the Commission. For more information see notification 2194 to the Data Protection Officer in the registry.
4. How do we protect and safeguard your information?
The collected personal data and all related information are stored:
- For the duration of the multi-annual programme for which you submitted an expression of interest, or;
- After closure of the procurement procedure on the premises of the Commission and on servers of a computer center of either DG DIGIT or the Directorate General issuing the call for expression of interest or procurement procedure. The Commission premises and operations of all computer centers abide by the Commission's security decisions and provisions established by the Directorate of Security of Directorate General Human Resources and Security.
5. How can you verify, modify or delete your information?
In case you wish to verify which personal data is stored on your behalf by the responsible Controller, have it modified, corrected, or deleted, please make use of the contact information mentioned in the Call for expression of interest or Invitation to tender, by explicitly describing your request. Any correction of your personal data will be taken into consideration from the data protection point of view.
Special attention is drawn to the consequences of a request for deletion, as this may lead to an alteration of the terms of the tender and lead to exclusion as stated in Article 148 of the Implementing Rules (see legal basis in Section 2 above).
6. How long do we keep your personal data?
Your personal data are kept:
- For selection of experts, until the end of the multi-annual programme for which you submitted an expression of interest in the service in charge of the procedure, and in the archives for a period of 5 years following the end of the programme;
- Files relating to tender procedures, including personal data, are to be retained in the service in charge of the procedure until it is finalised, and in the archives for a period of at least 10 years following the signature of the contract. However, tenders from unsuccessful tenderers have to be kept only for 5 years following the signature of the contract;
- Until the end of a possible audit if one started before the end of the above period;
- After the period mentioned above has elapsed, the tender files containing personal data are sampled to be sent to the historical archives of the Commission for further conservation. The non-sampled files are destroyed.
7. Contact information
For any questions related to your rights, feel free to contact the Controller, by using the contact information mentioned in the Call for expression of interest or the Call for tenders, and by explicitly specifying your request.
Any information relating to processing of your personal data is detailed in the register of the Data Protection Officer of the Commission.
In case of conflict, complaints can be addressed to the European Data Protection Supervisor.