Ref. Ares(2016)6984498 - 15/12/2016
Directorate-General for Communications Networks, Content and Technology
Policy Strategy and Outreach
Policy Outreach and International Affairs
By registered letter with acknowledgment of receipt
Mrs Vicky Cann
Rue d'Edimbourg, 26
Advance copy by email :
Your application for access to documents – Ref GestDem No 2016/5365
We refer to your e-mail dated 26/09/2016, our reference Ares(2016)5572401, in which
you make a request for access to documents, registered on the same day under the above
mentioned reference number. We also refer to our holding reply of 14/10/2016 with
reference Ares(2016)5938082 concerning the extension of the deadline.
You request access to documents relating to “all exchanges between the Commissioner
Kroes, her office and her Cabinet, with the companies Uber and / or Salesforce from 1
January 2012 to 31 October 2014. Specifically, I would like to request any emails,
correspondence, meeting notes or telephone call notes
This request concerns a former Commissioner, so we had to consult the central archives
service to search and provide us with the related registered documents.
We enclose a copy of the documents found.
a) Exchange with UBER
- Minutes of a meeting on 14/03/2014 between Cabinet Kroes, DG
CONNECT and UBER representatives.
b) Exchange with Salesforce.com
- Invitation at Dreamforce 2012 sent on 31/05/2012 to Neelie Kroes, our
- Minutes of a meeting on 26/06/2013 between Cabinet Kroes, DG
- Meeting request sent on 11/07/2013 to Mr Kleiner, our reference
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU25 04/081 - Tel. direct line +32 229-93913
Regarding the documents produced by the Commission, you may reuse these documents
requested free of charge for non-commercial and commercial purposes provided that the
source is acknowledged, that you do not distort the original meaning or message of the
documents. Please note that the Commission does not assume liability stemming from the
Regarding the documents originated with a third party, please note that these documents
were received by the Commission from Salesforce.com. They are disclosed for information
only and cannot be re-used without the agreement of the originator, who holds a copyright
on it. It does not reflect the position of the Commission and cannot be quoted as such.
The documents to which you have requested access contain personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is 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 data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if there is
no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the documents requested expunged from this
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, to
make a confirmatory application requesting the Commission to review this position.
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
Transparency unit SG-B-4
or by email to: email@example.com
Head of Unit
Encl.: Redacted documents
Electronically signed on 15/12/2016 10:40 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563