PRIVACY STATEMENT for the protection of personal data related to PROCUREMENT PROCEDURES AT THE PUBLICATIONS OFFICE

I. Context and Controller

As the Publications Office collects and further processes personal data, it is subject to Regulation (EC) No 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 Head of the Calls for Tender, Contracts and Copyright Unit acting as the Controller, indicated in the call for expressions of interest or in the invitation to tender, regarding the collection and processing of personal data.

II. 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 concerns the candidates or tenderers and their staff or subcontractors (natural persons). Information can relate to the following data:

  • Name, gender, academic degrees and professional titles, function, nationality, age, place and date of birth.
  • Contact details (e-mail address, business telephone number, mobile telephone number, fax number, postal address, company and department, country of residence, internet address).
  • Certificates of social security contributions and taxes paid, extracts from judicial records.
  • Bank account references (IBAN and BIC codes), VAT number, passport number, ID number, national insurance number.
  • Information for the evaluation of selection criteria or eligibility criteria: expertise, technical skills and languages, educational background, professional experience including details on current and past employment.
  • Declaration on honour that the candidates or tenderers are not in one of the exclusion situations referred to in Articles 106 and 107 of the Financial Regulation (see legal basis in Section II below).

Purpose

Upon reception of your expression of interest or tender by the Calls for Tender, Contracts and Copyright Unit, your personal data is collected and further processed for the purposes of the management and administration of the selection of candidates or procurement procedures by the Publications Office.

 

Legal bases

The legal bases for the processing operations on personal data are:

  • Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (the Financial Regulation).
  • Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (the Rules of Application).

Technical means

Your personal data is provided by filling in the registration form on the e-Tendering portal and by submission of your expression of interest or tender.

The information is collected in files which are stored in an isolated secure system. The information is processed by the personnel of the Publications Office and transferred to the systems of the Publications Office as described in Section IV below, under the responsibility of the Controller mentioned in the call for expression of interest or invitation to tender.

III. Who has access to your personal data and to whom is it disclosed?

For the purposes 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 European Union law:

  • Staff as well as outside experts and contractors who work on behalf of the European institutions for the purposes of management of the procurement procedure, tender evaluation and contract implementation, and the bodies charged with a monitoring or inspection task in application of EU law (e.g. internal audits, Financial Irregularities Panel, European Anti-Fraud Office – OLAF).
  • 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 (Article 103 of the Financial Regulation). The information will concern, in particular, your name and address, the amount awarded and the name of the project for which you are awarded the contract. It will be published in the Supplement to the Official Journal of the European Union and/or on the website of the Commission.

IV. How do we protect and safeguard your information?

The collected personal data and all related information are stored after the closure of the procurement procedure on the premises and on the servers of the Publications Office and other institutions, services or bodies of the European Union. The premises of the Publications Office and operation of all its servers abide by the Commission’s security decisions and provisions established by the Security Directorate of Directorate-General for Human Resources and Security.

V. 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, 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 to exclusion as stated in Article 160 of the Rules of Application (see legal basis in Section II above).

VI. How long do we keep your personal data?

  • Files relating to tender procedures, including personal data, are retained in the Calls for Tender, Contracts and Copyright Unit until the procedure is finalised, and in the archives for a period of 10 years following the signature of the contract. Tenders from unsuccessful tenderers are kept for 5 years following the signature of the contract. Contact details (in electronic form) of tenderers that participate in the calls for tender regularly are kept for practical reasons. Contact data that has not been used for 5 years is deleted from the system.
  • Your personal data is kept until the end of a possible audit if it started before the end of the abovementioned 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.

 

VII. What are the contact points for questions or complaints?

For any questions related to your rights, feel free to contact the Controller, using the contact information mentioned in the call for expression of interest or call for tenders, explicitly specifying your request.

Any information relating to the processing of personal data is detailed in the register of the Data Protection Officer of the Commission:         
http://ec.europa.eu/dataprotectionofficer/index_en.htm

VIII. Recourse

Complaints, in case of conflict, can be addressed to the Commission’s
data-protection-officer or the European Data Protection Supervisor.