Privacy Policy - x - European Union

PROTECTION OF YOUR PERSONAL DATA

This privacy statement provides information about the processing and the protection of your personal data.

Processing operation: Sanctions Due Diligence Helpdesk for EU SMEs

Data Controller: FISMA-DATA-PROTECTION-COORDINATORec [dot] europa [dot] eu (FISMA-DATA-PROTECTION-COORDINATOR[at]ec[dot]europa[dot]eu)

Record reference: DPR-EC-27828.1

Introduction
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?

1. Introduction

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 the part of processing operation Sanctions Due Diligence Helpdesk for EU SMEs concerning the processing of personal data for the purpose of performing the due diligence (described under purposes 1 and 2 in data protection record, ref. no. DPR-EC-27828.1), undertaken by DG FISMA to support the implementation of the restrictive measures adopted by the EU in the sanctions area under Article 215 TFEU, is presented below.

2. Why and how do we process your personal data?

The Data Controller (DG FISMA, Unit E5) processes your personal information through the platform EU Sanction Due Diligence Helpdesk (hereinafter referred also as to “the Helpdesk”) and uses it to ensure the correct implementation of the Sanctions Regulations by European business operators, primarily EU Small and Medium Sized Enterprises (SMEs). Namely, the personal data are processed to support these operators in complying with the restrictive measures adopted by the EU in the sanctions area under Article 215 TFEU in their business activities.

European operators interested in engaging with countries subject to EU sanctions for legitimate business must consider whether their activities would fall under the applicable restrictive measures and ensure appropriate due diligence procedures are carried out before engaging in any business activity. The mission of the Helpdesk is to act as a central contact point for European operators having questions concerning due diligence for specific business projects in countries subject to EU sanctions.

For this purpose, we have to collect and further process the following data:

Contact details of the users; and
Information on the stakeholders involved in such specific business projects.

3. On what legal ground(s) do we process your personal data

We process your personal data, because 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 (Article 5(1)(a) of Regulation (EU) 2018/1725).

The legal basis for ensuring the correct implementation of the Sanctions Regulations is primarily provided by Article 215 TFEU and Article 17 TEU. Furthermore, each sanctions regime contains its specific provisions, the list of which can be found in the data protection record (reference no. DPR-EC-27828).

In line with Article 10 of Regulation (EU) 2018/1725, we process special categories of personal data indicated in Section 4, because the processing is necessary for reasons of substantial public interest, on the basis of Union law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject. Furthermore, some of the processing relates to personal data which are manifestly made public by the data subject.

The information that a natural person on which the due diligence is performed, is subject to the restrictive measures under the sanctions regulations is processed in line with Article 11 of Regulation (EU) 2018/1725 as it may be considered processing of personal data relating to criminal convictions and offences.

4. Which personal data do we collect and further process?

In order to carry out this processing operation, the Data Controller (DG FISMA, Unit E5) collects the following categories of personal data depending on the category of the data subjects:

Users of the Helpdesk services:
1. Personal identification: Name, surname, professional address, organization that the user represents
2. Communication data: professional email address, phone number, professional occupation
EU Sanctions Due diligence – stakeholders of the business activity:
1. Personal identification: name, surname, address, images, ID number, Passport number, nationality
2. Communication and Online data: Email address, phone number, social media content (where made manifestly public by the data subject), information included in publicly available media
3. Professional occupation, employment status, professional and/or political affiliations
4. Social network
5. Special categories of personal data and sensitive data (obtained from publicly available sources, including the sanctions regulations in Official Journal): data revealing political opinions (as included in publicly available sanctions lists); personal data relating to criminal convictions and offences, personal data included in published sanctions lists

5. How long do we keep your personal data?

The Data Controller (DG FISMA, Unit E5) only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for two years from the date that the request was submitted to the data controller.

6. How do we protect and safeguard your personal data?

All your personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored either on the servers of the European Commission, the servers of its contractors, or the servers of its subcontractors, which are all located in the European Union. 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.

The Commission’s contractors are bound by a specific contractual clause for any processing operations of your data on behalf of the Commission, and by the confidentiality obligations deriving from the transposition of the General Data Protection Regulation in the EU Member States (‘GDPR’ Regulation (EU) 2016/679).

In order to protect your personal data, the Commission has put in place a number of technical and organisational measures. 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 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.

Access to your personal data is provided to the contractor responsible for the day-to-day management of the Helpdesk, and to its authorised staff according to the ‘need to know’ principle. Such staff abide by statutory, and when required, additional confidentiality agreements. The contractor is committed to protecting personal data and respecting privacy. It processes personal data as a data processor on behalf of the Commission as the data controller. It does so based on the agreement with, and in accordance with the instructions of, the data controller. As applicable, it further collects and processes personal data pursuant to Regulation (EU) 2016/679 (General Data Protection Regulation).

Data of potential business partners of the user of the Helpdesk:

Some of the personal data concerning the natural persons subject to the restrictive measures under the Sanctions Regulations will be included in the conclusive report which will be the outcome of the due diligence provided to the user of the Helpdesk which requested the due diligence.

The controller may transfer your personal data to the following recipients in a third country or to an international organisation in accordance with Regulation (EU) 2018/1725:

The controller will transfer your personal data based on: 

adequacy decision of the Commission for the United Kingdom and the United States (for commercial organisations participating in the EU-US Data Privacy Framework) (Article 47 of Regulation (EU) 2018/1725); and in the absence of this
standard contractual clauses for India
appropriate safeguards (Article 48 of Regulation (EU) 2018/1725) through standard data protection clauses.

For all processed personal data: besides the transmissions listed above, 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, your personal data and to rectify them in case your personal data are inaccurate or incomplete. Where applicable, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing, and 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) on grounds relating to your particular situation.

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, DG FISMA, privacyeu-sanctions-helpdesk [dot] eu (privacy[at]eu-sanctions-helpdesk[dot]eu).

The Data Protection Officer (DPO) of the Commission

You may contact the Data Protection Officer (DATA-PROTECTION-OFFICERec [dot] europa [dot] eu (DATA-PROTECTION-OFFICER[at]ec[dot]europa[dot]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 edpsedps [dot] europa [dot] eu (edps[at]edps[dot]europa[dot]eu) 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-27828.1.

Privacy Policy - x

PROTECTION OF YOUR PERSONAL DATA

​​Table of Contents

​1. ​Introduction

2. ​Why and how do we process your personal data?