Processing and controlling your data
The Common Provisions Regulations (CPR)15 and ERDF regulations require the Department of Levelling Up, Housing and Communities (DLUHC), formerly know as Ministry of Housing, Communities and Local Government (MHCLG), as the managing authority of the programme, to monitor and evaluate ERDF-funded activities. The ERDF Operational Programme 2014-2020 states that robust governance and accountability require programme related analysis, monitoring and evaluation to form an integral part of programme delivery.
In order to conduct monitoring and evaluation, individual participant data is required. The legal basis for collecting and processing personal data and sharing it with the managing authority for the purposes of monitoring and evaluation is found in Article 6(1)(c) and 6(1)(e) of the UK General Data Protection Regulations (UK GDPR). As such, participant data, including contact details, should be collected and stored for all participants in order to meet monitoring and evaluation requirements. This includes direct and indirect beneficiaries’ data.
For the purposes of the UK GDPR, DLUHC is the data controller in respect to information processed which relates to all participation in the project funded by the European Regional Development Fund. Cambridgeshire County Council is the data processor in respect to information processed which relates to participants in the operations and projects funded by the ERDF. Cambridgeshire County Council (CCC) has employed Deyton Bell and Peterborough Environment City Trust to deliver the business support programme and S4W to deliver the Summative Assessment and both organisations will be processing data on CCC’s behalf.
What personal data will be collected
Depending on the nature of activities of the ERDF-funded project and the indicators listed under each activity, the following information for each direct or indirect beneficiary where these are individuals may be collected (please note this is not an exhaustive list):
- name of contact point within a business (in some cases property owner) engaged with or individual engaged with
- business address
- business postcode
- phone number
- email address
- position in the business
- company number / UTR (Unique Tax Reference)
- number of FTE (Full Time Equivalent) employees
- business turnover
- business balance sheet
- state aid received and applied for
- other relevant details about the business
- duration of support
- intensity of support
Who will be personal data be shared with and who will use it
Your details will be stored securely and retained in compliance with UK GDPR. This information will be used to evaluate this project and to report to the European Regional Development Fund for monitoring and evaluation purposes.
Your details will be used to support the ERDF programme research and evaluation activities. DLUHC will need to share all or some of your personal data with the national evaluator of the ERDF programme. In some cases, the national evaluator, i.e. independent external contractors commissioned by DLUHC, may use the contact details to contact a sample of direct or indirect beneficiaries for the purpose of the National Evaluation of the programme. It is likely that the survey methodology will need to incorporate a variety of approaches in order to maximise the survey response rate (for example, telephone survey, written survey, and e-mail survey) – hence the need for a variety of contact details required for each participant. DLUHC may also need to share with other government departments and the European Commission where this is necessary to test the robustness of the data gathered or to inform the National Evaluation.
DLUHC, CCC, Deyton Bell, PECT & S4W will not give any personal data to any other organisation unless needed for the purpose of the evaluation and will instruct them not to use it to contact individuals for any reasons not connected with the purpose of the National Evaluation of the ERDF programme 2014-2020 or other matters directly relating to the evaluation. If DLUHC has to pass on the data, it will only provide what is needed, and if possible will remove the details that might identify individuals personally. DLUHC will not transfer personal data outside the European Union, to third countries or international organisations.
DLUHC and CCC will keep data until 2033 in line with the European Regional Development Fund document retention guidance to ensure DLUHC meets reporting obligations and to demonstrate compliance with EU Requirements. Both Deyton Bell & S4W will delete and destroy data when CCC issue instruction.
As we are collecting and using personal data under the public task of CCC and to comply with legal obligations, ERDF participants cannot claim the following rights in terms of ERDF personal data:
- right to erasure (“right to be forgotten”)
- right to portability of their data
The data collected is your personal data, and you have the right, subject to lawful data requirements:
- to see what data we have about you
- to ask us to stop using your data
- to ask us to delete your data, or to correct your data if there is no longer a justification to process it
- to lodge a complaint with the Independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law
Automated decision making
Your personal data will not be subjected to automated decision making.
Cambridgeshire County Council
The data protection officer for Cambridgeshire County Council is Ben Stevenson email@example.com.
Deyton Bell contact details
The data protection officer for Deyton Bell is Chris Parkhouse firstname.lastname@example.org
S4W contact details
The data protection officer for S4W is Rob Wadworth email@example.com
ERDF contact details
The Information Commissioner’s Office
Telephone: 0303 123 1113
If you would like further information about the programme and your personal information please contact the ERDF Programme at: firstname.lastname@example.org
More information found here:
European Regional Development Fund: privacy notice – GOV.UK (www.gov.uk)